Criminal Code (1998) (excerpts)

Posted

March 12, 2004

Country

Croatia

Document Type

Primary Legislation

Topic name

Prison Service

Also under this topic

Constitutional Act on the Rights of National Minorities (2002) (excerpt) Constitution (1990) (excerpt) Law on the Execution of Prison Sentence (2001) Constitutional Act on the Constitutional Court (2002) (excerpt) Criminal Code (1998) (excerpts) Law on State Inspectorate (1999) (excerpt)

Criminal Code

Entered into force1^stJanuary 1998

No. 110/October 21st, 1997

GENERAL PART

CHAPTER ONE (I)

BASIC PROVISIONS

General Purpose of Criminal Sanctions

Article 6

         The general purpose of prescribing, pronouncing or applying criminal sanctions is that all citizenshonorthe legal system and that no one commits a criminaloffense, or that perpetrators of criminaloffensesdo not continue acting in a similar way in the future.

Right to Rehabilitation

Article 9

         (1) The perpetrator sentenced by a final judgment, or to whom a non-custodial measure has been applied, or whose sentence has been remitted after a certain period of time has passed and under conditions provided by law, shall have the right to be deemed a person who has not committed a criminaloffense, and his/her rights and liberties shall not differ from the rights and liberties of persons who have not committed a criminaloffense.

CHAPTER TWO (ii)

APPLICABILITY OF THE CRIMINAL LEGISLATION OF THEREPUBLICOFCROATIA

The Running and Interruption of the Period Prescribed by Statutes of Limitation to Execute Punishments andSecurity Measures

Article 23

         (1) The period prescribed by statutes of limitation to execute the punishment or security measures commences on the day of the final decision imposing the punishment or security measures. In the case of a revoked suspended sentence, the period of limitation for the execution of the sentence commences on the day of the final decision on revocation.

(2) The period prescribed by statutes of limitation shall not run during the time the execution of the punishment or security measure cannot be commenced or continued pursuant to law.

(3) The running of the period prescribed by statutes of limitation is interrupted by each act undertaken by the body competent for the execution of the punishment or security measure.

(4) The period prescribed by statutesof limitationshall commence anew after each interruption.

(5) The period prescribed by statutes of limitation to execute the punishment and security measures shall expire in any case when twice as much time lapses as that prescribed by the statutory period of limitation for the execution.

CHAPTER THREE (iii)

CRIMINAL OFFENSE

Lawful Use of Force

Article 32

         There shall be no criminaloffensewhen an authorized person uses force in accordancewith thelaw.

CHAPTER FIVE (v)

PUNISHMENT AND SENTENCING

Types of Punishments

Article 49

         (1) Perpetrators of criminaloffensesmay be punishedby fineor imprisonment.

(2) Imprisonment shall be imposed only as the principal punishment.

(3) A fine may be imposed both as the principle or a supplementary punishment.

(4) For criminaloffensescommitted for personal gain, a fine may be imposed as a supplementary punishment, even when it is not prescribed by law, or when the law prescribes that the perpetrator is to be punished by imprisonment or by a fine, while the court pronounces imprisonment as the principal punishment.

The Purpose of Punishment

Article 50

         The purpose of inflicting punishment is to express, while taking into consideration the general purpose of criminal sanctions, the community’s condemnation of a committed criminaloffense, to deter the perpetrator from committing criminaloffensesin the future, to deter all others from committing criminaloffenses, and by the implementation of statutory punishments to increase the consciousness of citizens of the danger of criminaloffensesand of the fairness of punishing perpetrators.

Imprisonment

Article 53

         (1) Imprisonment may not be shorter than thirty days or longer than fifteen years.

(2) For the most serious and dangerous formsof criminaloffenses, imprisonment for a duration of twenty to forty years shall exceptionally be prescribed (long-term imprisonment).

(3) Long-term imprisonment shall never be prescribed as the sole principalpunsihmentfor a specific criminaloffense.

(4) Long-term imprisonment shall not be imposed on a perpetrator who, at the time of the perpetration of the criminaloffense, has not reached the age of twenty one years.

(5) The imprisonment of juveniles shall be imposed under the conditions prescribed by a specific law on young perpetrators of criminaloffenses.The imprisonmentof juveniles is in its purpose, nature, duration and manner of execution a special penalty of deprivation of liberty.

(6) When imprisonment without a minimum duration and with a maximum duration of three years is prescribed for a criminaloffense, together with such a penalty, a fine shall be prescribed as an alternative punishment.

(7) Imprisonment shall be assessed and imposed in full years and months, and in full days if its duration is up to three months. Long-term imprisonment shall be assessed and imposed only in full years.

Substitution of Imprisonment

Article 54

         (1) When the court assesses and imposes imprisonment for the duration of up to six months, it may at the same time decide that such punishment, with the consent of the convict, be replaced with community service.

(2) The decision to replace imprisonment with community service shall be based upon the assessment that, considering all the circumstances determining the type and range of the sentence,the executionof imprisonment would not be necessary to realize the purpose of punishment, and (at the same time) non-custodial measure would not be sufficient to accomplish the general purpose of criminal sanctions.

(3) Community service shall be determined fora durationproportional to the imposed imprisonment, from a minimum of ten to a maximum of sixty working days. The period for performing community service shall neither be shorter than one month nor longer than one year.

(4) In assessing the duration of community service, as well as the period for its performance, the court shall take into consideration the pronounced imprisonment which isbeing substitutedand the perpetrator’s possibilities regarding personal circumstances and employment.

(5) When, upon the expiry of the determined period, the convict has not completed or has only partly completed the community service, the court shall render a decision on the execution of imprisonment for a period proportional to the unfulfilled community service.

(6) The replacement of imprisonment with community service may also be applied in the case of substituting a fine with imprisonment pursuant to Article 52, paragraph 3 of this Code, when such an imprisonment does not exceed six months.

(7) Placement in communityservice (the type of work and the place) shall be made by the body for the execution of criminal sanctions, taking into consideration the capacities and the skills of the convicted person.

Conditional Release (Parole)

Article 55

         (1) A person sentenced to imprisonment or long-term imprisonment may be released from the institution after having served at least one-half of the term or, exceptionally, after having served one-third of the term to which he/she had been sentenced, under theconditions determinedin the Act on the Execution of Criminal Sanctions.

         (2) The court shall revoke the conditional release if the convict, while on conditional release, commits one or more criminaloffensesfor which he/she is sentenced to non-suspended sentence of imprisonment for six months is prescribed.

A General Rule on the Selection of the Type andRangeofPunishment

Article 56

         (1) The selection of the type and the range of punishment of the perpetrator of a criminaloffenseshall be determined by the court, within the limits established by law for the committed criminaloffense, and on the basis of the degree of guilt and dangerousness of theoffense, as well as the purpose of punishment.

(2) In determining the type and the range of punishment, the court shall take into consideration all the circumstances which result in a less or more serious punishment for the perpetrator of a criminaloffense(the mitigating or aggravating circumstances) and in particular the following : the degree of guilt, motives for committing the criminaloffense, the degree of peril or injury to the protected good, the circumstances under which the criminaloffensewas committed, the conditions in which the perpetrator had lived prior to committing the criminaloffenseand his/her abidance by the laws, the circumstances he/she lives in and his/her conduct after the perpetration of the criminaloffense, particularly his/her relation towards the injured person and his/her efforts to compensate for the damage caused by the criminaloffense, as well as the totality of social and personal grounds which contributed to the perpetration of the criminaloffense.

Inclusion of Custody and a Previously Served Sentence

Article 63

         (1) The time spent in custody, as well as any other deprivation of liberty due to a criminaloffense, shall be included in the pronounced sentence of imprisonment, long-term imprisonment, juvenile imprisonment or a fine.

         (2) Imprisonment or a fine for a contravention or an economic transgression shall be included in the sentencefor acriminaloffenseif the description of such anoffensecorresponds to the contravention or the economic transgression for which the sentence is applied.

         (3) Inclusion pursuant to the provisions of this Article means the equating of one day of custody, imprisonment for a contravention, imprisonment, long-term imprisonment or imprisonment of juveniles for a criminaloffense, as well as a fine equivalent of one daily income with one dayof detention, and a fine for a contravention with the days of imprisonment pursuant to provisions of the Act on Contravention.

CHAPTER SEVEN (vii)

SECURITY MEASURES

Prohibition to Engage in a Profession, Activity or Duty

Article 77

         (1) The security measure of prohibition to engage in a profession, activity or duty may be ordered against a perpetrator who commits a criminaloffensein regard to property entrusted or accessible to him/her on the basis of exercising a profession, activity or duty, if there is a danger that such an exercise could stimulate the perpetration of another criminaloffensethrough the abuse of the profession, activity or duty with regard to the property entrusted or accessible to him/her.

         (2) The security measure of prohibition to engage in a profession, activity or duty shall be ordered for a period which may not be shorter than one or longer than five years, counting from the date the judgment became final, with the proviso that the time served in prison will not be included.

         (3) The provisions of Article 54, paragraph5 and Article 69, paragraph 5 of this Code shall be applied against the perpetrator of a criminaloffensewho is prohibited to engage in a profession, activity or duty along with community service or a suspended sentence if he/she does not act in accordance with such a prohibition.

CHAPTER EIGHT (viii)

CONFISCATION OF PECUNIARY GAIN, PUBLIC ANNOUNCEMENT OF

JUDGMENT, LEGAL CONSEQUENCES OF CONVICTION,

REHABILITATION, AMNESTY AND PARDON

Public Announcement of the Judgment

Article 83

         (1) In a judgmentpronouncing theperpetrator guilty of a criminaloffensecommitted through public media, the court may order that such a judgment be publicly announced at the cost of the perpetrator.

         (2) By ordering the means, the time, the manner and other circumstances of the public announcement of the judgment, the court shall ensure that these circumstances correspond to the circumstances of the publication of the matter by which the criminaloffensewas committed.

Legal Consequencesof Conviction

Article 84

         (1) The legal consequences of conviction for a committed criminaloffenseare prescribed only by law.

         (2) The legal consequences that shall be prescribed are the following:

                  terminationof employment,

                  terminationof the performance of certain jobs in governmental bodies or     

                   prohibitionof being engaged in such jobs,

                  deprivationof military rank,

                  deprivationof state decorations and awards.

         (3) The legal consequences shall become effective only if the perpetrator of an intentional criminaloffenseis sentenced to imprisonment of a minimum of one year and if a suspended sentence has not been ordered.

         (4) The legal consequences shall become effective on the day the judgment establishing the perpetration of a criminaloffenseand the pronouncement of the sentence pursuant to paragraphs 1 and 2 of this Article becomes final.

         (5) The prohibition to take a job with the government shall expire five years after the legal consequences have become effective.

Rehabilitation

Article 85

         (1) After imprisonment, long-term imprisonment or imprisonment of juveniles have been served, remitted, or fall within the statute of limitations, the convicted persons shall exercise all citizen’s rights determined by the Constitution, law or other regulations and shall acquire all the rights other than those that are limited as result of a security measure or a legal consequence of the conviction

         (2) The provision of paragraph 1 of this Article shall also apply to the perpetrator of a criminaloffenseagainst whom a non-custodial measure was ordered or whose sentence was remitted.

         (3) The provision of paragraph 1 of this Article shall also apply to personson conditionalrelease, unless their rights are limited by special regulations on conditional release from serving a prison sentence.

         (4) On the expiry of the terms referred to in paragraph 5 of this Article, the perpetrator of a criminal offense shall be deemed free of convictions and any use of data about the citizen as a perpetrator of a criminal offense shall be prohibited and, if used, it shall have no legal consequence. A rehabilitated citizen shall have the right to deny having been formerly convicted and shallnot becalled to account for that reason or suffer any legal consequences.

         (5) On condition that the perpetrator of a criminaloffenseis not reconvicted for another criminaloffense, rehabilitation shall, by force of law, become effective after the expiry of the following terms:

         fifteen years from the day of a served, expired, or remitted sentence, in the case of a sentence to long-term imprisonment;

         ten years from the day of a served, expired, or remitted sentence in the case of a sentence to ten years of imprisonment, or a more serious sentence;

         five years from the day of a served, expired,or remittedsentence, in the case of a sentence of five years of imprisonment or a more serious sentence.

         three years from the day of a served, expired or a remitted sentence, in the case of a sentence to five years of imprisonment, imprisonment of juveniles or a fine, from the expiry of probation in the case of a suspended sentence and from the finality of the decision on admonition or remission.

CHAPTER NINE (ix)

THE MEANING OF THETERMS USEDIN THIS CODE

Article 89

         (5) When an official person is the person a criminaloffensehas been committed against, together with the persons specifiedin paragraph3 of this Article, an official person within the meaning of this Code shall also be a military person as referred to in paragraph 4 of this Article.

         (14) Anofficial secretis information received and used for the needs of official bodies, stipulated to be an official secret by law, some other regulation or the bylaws of a competent body passed in accordance with the law.        

SPECIAL PART

CHAPTER TEN (x)

CRIMINAL OFFENCES AGAINST LIFE AND LIMB

Bodily Injury

Article 98

         Whoever inflicts bodily injury to another or impairs a person’s health shall be punished by a fine or by imprisonment not exceeding one year.

Aggravated Bodily Injury

Article 99

         (1) Whoever inflicts a serious bodily injury to another or severely impairs a person’s health shall be punished by imprisonment for three months to three years.

         (2) If bodily injury is inflicted to a person, or if a person’s health is impaired so severely that the life of the injured person is endangered, or if an important part of the person’s body or an important organ of the person is permanently weakened to a significant degree or destroyed, or if permanent work disability is caused to the injured person, or if permanent and severe damage to his/her health or permanent disfigurement is caused, the perpetrator shall be punished by imprisonment for six months to eight years.

         (3) If the injured person dies due to serious bodily injury, the perpetrator shall be punished by imprisonment for one to ten years.

         (4) An attempt to commit the criminaloffensereferred to in paragraph 1 of this Article shall be punished.

Bodily Injury

Article 100

         (1) Whoever inflicts serious bodily injury to another, or severely impairs a person’s health (Article 99, paragraph 1) on the spur of the moment, after being brought without his/her fault into a state of strong irritation or fright by another person’s attack, maltreatment or serious insult shall be punished by a fine or by imprisonment not exceeding one year.

         (2) Whoever inflicts particularly serious bodily injury to another, or very seriously impairs a person’s health (Article 99, paragraph 2) on the spur of the moment, afterbeing broughtwithout his/her fault into a state of strong irritation or fright by a person’s attack, maltreatment or serious insult, shall be punished by a fine or by imprisonment not exceeding three years.

         (3) If the criminaloffenseof bodily injury resulting in death (Article 99, paragraph 3) has been committed on the spur of the moment, the perpetrator shall be punished by imprisonment for six months to five years.

Institution of Criminal Proceedings for CriminalOffensesof Bodily Injury

Article 102

         (1) Criminal proceedings for the criminaloffenseof bodily injury (Article 98) shall be instituted upon a private charge.

Failure to Render Aid

Article 104

         (1) Whoever does not render aid to a person in immanent mortal danger, although he/she could have done so without subjecting himself/herself or another to serious danger, shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

         (2) Whoever leaves another without aid in mortal danger caused byhimself/herselfshall be punished by a fine or by imprisonment not exceeding one year.

         (3) If by the criminaloffensereferred to in paragraph 2 of this Article, the death of the person exposed to such danger is caused or a serious bodilyinjury isinflicted on such person or his/her health is severely impaired, the perpetrator shall be punished by imprisonment for three months to three years.

Deserting a Helpless Person

Article 105

         (1) Whoever deserts a helpless person entrusted to him/her or whoever leaves a person he/she is responsible for unassisted and in circumstances dangerous for life or health shall be punished by a fine or by imprisonment not exceeding one year.

         (2) If due to the criminaloffensereferred to in paragraph 1 of this Article, the death of the deserted person is caused, or such a person suffers serious bodily injury, or his/her health is severely impaired, the perpetrator shall be punished by imprisonment for  three months to three years.

CHAPTER ELEVEN (xi)

CRIMINAL OFFENCES AGAINST FREEDOMS AND

 THE RIGHTS OF MAN AND CITIZEN

Violation of the Equality of Citizens

Article 106

         (1) Whoever, on the basis of a difference of race,color, sex, language, religion, political or other opinion, national or social origin, property, birth, education, social status or other characteristics, affiliation to an ethnic or national community or minority in the Republic of Croatia, denies and limits freedoms or rights of man and citizen laid down in the Constitution, law or other regulations, or whoever, on the basis of such a difference or affiliation, grants citizens any privileges or advantages, shall be punished by imprisonment for six months to five years.

         (2) The same punishment as referred to in paragraph 1 of this Article shall be imposed on a person who denies or limits a member of an ethnic or national group or a minority the right to freely express his/her nationality or to enjoy his/her cultural autonomy.

         (3) Whoever, contrary to the regulations regarding the use of a language and script, denies or deprives a citizen of the right to freely use his/her own language and script shall be punished by a fine or by imprisonment not exceeding one year.

Violation of the Freedom of Association

Article 109

         Whoever denies or limits citizens’ freedom of association in political parties, trade unions or other associations for the protection of their social, economic, political, national, cultural and other convictions or objectives in conformity with the law shall be punished by a fine or imprisonment for not more than one year.

Violation of the Freedom of Religion

Article 110

         (1) Whoever denies or limits the right to the freedom of religion, the rights to manifest publicly one’s religion or other belief shall be punished by a fine or by imprisonment not exceeding one year.

         (2) The same punishment as referred to in paragraph 1 of this Article shall be imposed on whoever denies the right of a religious community to operate in conformity with the law in a way similar to other religious communities in the Republic of Croatia, or who denies or deprives a religious community of the freedom to perform publicly religious services, to establish schools, educational institutions, institutes, social and charitable institutions and institutes and to manage them in conformity with the law.

Violation of the Right to Strike

Article 111

         Whoever denies or limits the right to strike which is organized and carried out in conformity with the law shall be punished by a fine or byimprisonment notexceeding one year.

Violation of the Right to Submit Petitions and Complaints

Article 112

         An official or a responsible person who abuses his/her position or authority and prevents another person from exercising his/her right to submit an appeal, objection, request, petition or complaint shall be punished by a fine or by imprisonment not exceeding one year.

Restriction of Printing and Distributing Printed Materials and of Broadcasting

Article 113

           Whoever unlawfully restricts the printing, sale or distribution of books, journals, newspapers or other printed materials, or the producing and broadcasting of radio and television programs, as well as new agencies’ programs, shall be punished by a fine or by imprisonment not exceeding one year.

Violation of the Right to Work and OtherLaborRelated Rights

Article 114

         Whoever denies or limits the right of a citizen to work, the freedom of work, the free choice of vocation or occupation, accessibility to a work place and to duties offered to everyone under the same terms, the right to earnings, working hours and time off regulated by law, social security and retirement rights, the rights of specific groups of workers to special protection, the rights resulting from unemployment, the rights related tolabor, maternity and child care and otherlaborrelated rights stipulated by the law or collective agreement, shall be punished by a fine or by imprisonment not exceeding one year.

Violation of the Right to Health Care and Disability Protection

Article 115

         Whoever denies or deprives a citizen of the right to health care and disability protection stipulated by the law shall be punished by a fine or by imprisonment not exceeding one year.

Extortion of Statements by Coercion 

Article 126

         (1) Whoever, during an examination, uses force, a threat or other illicit means of examination with an aim to extort a statement or some other declaration from the suspect, defendant, witness, expert-witness or other person shall be punished by imprisonment for three months to five years.

         (2) If the perpetration of the criminaloffensereferred to in paragraph 1 of this Article is accompanied by severe violence, or if the suspect or defendant has suffered particularly serious consequences in criminal proceedings as a result of the extorted statement, the perpetrator shall be punished by imprisonment for one to ten years.

Maltreatment in the Execution of Service or Public Authority

Article 127

         (1) An official person who, in the execution of his/her service or public authority, maltreats, insults or generally treats another in a manner offensive to human dignity shall be punished by imprisonment for three months to three years.

         (2) If the criminaloffensereferred to in paragraph 1 of this Article is committed against a child or a juvenile, the perpetrator shall be punished by imprisonment for one to five years.

Article 129

         (1) Whoever seriously threatens another with some malice so as to frighten or disturb him/her shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

         (2) Whoever seriously threatens to kill or to inflict serious bodily injury to another, or to kidnap or deprive a person of his/her liberty, or inflict harm by setting fire, causing an explosion by using ionizing radiation or by other dangerous means, or to destroy a person’s social status or material existence, shall be punished by a fine or by imprisonment not exceeding one year.

         (3) If the criminaloffensereferred to in paragraphs 1 and 2 of this Article is committed against an official or a responsible person in connection with his/her work or position, or against a larger number of persons, or if it causes a major disturbance to citizens, or if the threatened person is thus put in a difficult position for a longer period of time, or if it is committed while in membership of a group or a criminal organization, the perpetrator shall be punished by imprisonment for three months to three years.

         (4) Criminal proceedings for the criminaloffensereferred to in paragraphs 1 and 2 of this Article shall be instituted following a motion.

Violating the Privacy of Correspondence and other Pieces of Mail

Article 130

         (1) Whoever, without authorization, opens a letter or a telegram or any other closed letter or piece of mail of another person, or in some other way violates their privacy, or without authorization, keeps, conceals, destroys, delivers to another a person’s letter, telegram or a closed letter or a piece of mail, shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

         (2) Whoever, with an aim to acquire some pecuniary gain for himself/herself or for another person, or to inflict damage to another person, communicates to a third person the secret learned by violating the privacy of a letter, telegram or some other closed letter or piece of mail belonging to another, or whoever makes use of such a secret, shall be punished by a fine or by imprisonment not exceeding one year.

         (3) If the criminaloffensereferred to in paragraph 1 and 2 of this Article is committed by an official while executing his/her service or public authority, for theoffensereferred to in paragraph 1 of this Article, such a person shall be punished by imprisonment for three months to three years and for theoffensereferred to in paragraph 2 of this Article by imprisonment for six months to five years.

         (4) Criminal proceedings for the criminaloffensereferred to in paragraphs 1 and 2 of this Article shall be instituted following a motion.

Unauthorized Use of Personal Data

Article 133

         (1) Whoever, without the consent of citizens and contrary to the conditions stipulated by the law, collects,processesor uses personal data, or uses such data contrary to the statutory purpose of their collection shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

(2) Criminal proceedings for the criminaloffensereferred to in paragraph 1 of this Article shall be instituted following a motion.

CHAPTER THIRTEEN (xiii)

CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAWRacial and Other Discrimination

Article 174

         (1) Whoever, on the basis of the difference of race, sex, color, national or ethnic origin, violates fundamental human rights and freedoms recognized by the international community shall be punished by imprisonment for six months to five years.

         (2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever persecutes organizations or individuals for promoting equality between people.

         (3) Whoever publicly states or disseminates ideas on the superiority of one race over another or incites racial hatred or racial discrimination shall be punished by imprisonment for three months to three years.

Establishment of Slavery and Transport of Slaves

Article 175

         (1) Whoever, in violation of the rules of international law, places another in slavery or in a similar status or keeps him/her in such a status, buys, sells, hands over to another person or mediates in the purchase, sale or handing over of such a person or induces someone else to sell his/her freedom or the freedom of the person he/she provides for or takes care of shall be punished by imprisonment for one to ten years.

Torture and OtherCruel, Inhuman or DegradingTreatment

Article 176

         An official or another person who, acting upon the instigation or with the explicit or implicit consent of a public official, inflicts on a person physical or mental pain or severe physical or mental suffering for such purposes as to obtain from him/her or a third person information or a confession, or punishes him/her for a criminal offense he/she or a third person has committed or is suspected of having committed or who intimidated or coerced him/her or for any other reason based on discrimination of any kind, shall be punished by imprisonment for one to eight years.

CHAPTER SEVENTEEN (xvii)

CRIMINAL OFFENSES AGAINST PROPERTY

Extortion

Article 234

         (1) Whoever, with an aim to procure unlawful pecuniary gain for himself/herself or for a third person, with force or by a serious threat coerces another to do or to omit to do something to the detriment of his/her own property or the property of another shall be punished by imprisonment for six months to five years.

(2) If in the perpetration of the criminaloffensereferred to in paragraph 1 of this Article, a weapon or a dangerous instrument is used, or if, by theoffense, considerable pecuniary gain is acquired, or theoffenseis committed as a member of a group or criminal organization, the perpetrator shall be punished by imprisonment for one to ten years.

Blackmail

Article 235

         (1) Whoever, with an aim to procure unlawful pecuniary gain for himself/herself or for a third person, threatens another person to disclose about such a person or persons close to him/her something which could harm theirhonoror reputation and thus coerces him/her to do or to omit to do something to the detriment of his/her own property or the property of another

shallbe punished by imprisonment for six months to five years.

(2) If, by theoffensereferred to in paragraph 1 of this Article, considerable pecuniary gain is acquired or theoffenseis committed as a member of a group or criminal organization,

theperpetrator shall be punished by imprisonment for one to ten years.

CHAPTER EIGHTEEN (xviii)

CRIMINAL OFFENSESAGAINST PEOPLE'S HEALTH

Medical Malpractice

Article 240

         (1) A physician or dentist who, in rendering medical services, does not apply measures for the protection of patients in accordance with professional standards, or applies an obviously inadequate remedy or method of treatment, or in general acts carelessly thus causing the deterioration of an illnessor theimpairment of a person’s health, shall be punished by a fine or by imprisonment not exceeding two years.

(2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on the health provider who, in rendering medical services, does not apply measures for the protection of patients or does not act in accordance with professional standards, or renders medical services in premises not having the statutory approval for work, or in general acts carelessly, thus causing the deterioration of an illness or the impairment of a person’s health.

(3) A physician or dentist who commits the criminaloffensesreferred to in paragraphs 1 or 2 of this Article by negligence shall be punished by a fine or by imprisonment not exceeding one year.

Arbitrary Medical Treatment

Article 241

         (1) Whoever treats another without that person's consent shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

         (2) A physician or dentist who performs a surgical or other medical intervention on another person’s body without such a person's express and valid written consent shall be punished by a fine or by imprisonment not exceeding one year.

(3) There shall be no criminaloffensereferred to in paragraphs 1 and 2 of this Article when the law prescribes compulsory medical treatment, or treatment, surgical or other medical intervention performed on a person who is not conscious or is not capable of reasoning, when a close member of the family or legal representative is not accessible and when the postponement of treatment or intervention would endanger such a person's life or would cause a considerable deterioration of his/her health.

CHAPTER TWENTY-TWO (xxii)

CRIMINAL OFFENSES AGAINST THE JUDICIARY

Sedition of Persons in Official Detention

Article 306

         (1) Whoever, in an institution wherein he/she is placed pursuant to a lawful decision depriving him/her of liberty, participates in gathering persons who are deprived of liberty, with an aim to set themselves free by force, or to jointly attack official persons in such an institution, or to coerce them by force, or threat of immediate use of force, to do or omit to do an act in breach of their duty shall be punished by imprisonment forthree months to three years.

(2) The perpetrator of the criminaloffensereferred to in paragraph 1 of this Article who uses force or threatens to use it shall be punished by imprisonment forsix monthsto five years.

(3) To a perpetrator of the criminaloffensereferred to in paragraph 1 of this Article who, on the call of an official person, abstains from assembling, the court may remit the punishment.

Escape of a Detained Person

Article 307

(1) Whoever, by force or threat of immediate attack upon the life or limb of a person escapes from the institution wherein he/she is placed pursuant to a lawful decision depriving him/her of liberty shall be punished by imprisonment for three months to three years.

(2) Whoever, by force or threat of immediate attack upon the life or limb of a person or by deceit, enables to escape a person who is deprived of liberty pursuant to a lawfuldecision

shallbe punished by a fine or by imprisonment not exceeding one year.

Thwarting Prohibitions Contained in Security Measuresand LegalConsequences of Conviction

Article 308

         (1) Whoever enables a person to perform a certain profession, activity, duty, or certain jobs, despite knowing that against such a person a security measure is applied, or against whom the legal consequences of a conviction have become effective, for reasons of which such performance is forbidden or is not allowed, shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

CHAPTER TWENTY-FOUR (xxiv)

CRIMINAL OFFENSES AGAINST PUBLIC ORDER

Obstructing an Official in the Performance of an Official Duty

Article 317

         (1) Whoever, by force or threat of immediate use of force prevents an official from performing an official act falling within the scope of his/her authority or, by using the same means, coerces him/her to perform an official act shall be punished by imprisonment for three months to three years.

PRIVATE         

(2) Whoever, in the course of committing the criminaloffensereferred to in paragraph 1 of this Article, maltreats an official, inflicts slight bodily injury upon him/her or threatens to use a weapon shall be punished by imprisonment for six months to five years.

(3) Whoever commits the criminaloffensereferred to in paragraphs 1 and 2 of this Article against a person authorized to help an official in the performance of an official act shall be punished as if he/she had committed theoffenseagainst the official.

(4) If the perpetrator of theoffensereferred to in paragraphs 1, 2 and 3 of this Article was provoked by unlawful, inconsiderate or rude treatment on the part of the official or the person authorized to help him/her, the court may remit the punishment.

Attacking anOfficial

Article 318

         (1) Whoever, apart from the cases referred to in Article 317 of this Code, attacks or seriously threatens an immediate attack on an official or a person authorized to help an official in the performance of his/her duties falling within the scope of internal affairs to prevent and discover criminaloffenses, apprehend perpetrators of criminaloffenses, or safeguard public order and peace, shall be punished by imprisonment for three months to three years.

(2) The same punishment as referred in paragraph 1 of this Article shall be inflicted on whoever commits the criminaloffensereferred to in paragraph 1 of this Article against aperson entrustedto guard persons who have been deprived of liberty by a legal decision or in a legal manner.

(3) Whoever, in the course of committing the criminaloffensereferred to in paragraphs 1 and 2 of this Article, maltreats, inflicts slight bodily injury on an official or person authorized to help him/her, or threatens to use a weapon, shall be punished by imprisonment for six months to five years.

(4) If the perpetrator of theoffensereferred to in paragraphs 1, 2 and 3 of this Article was provoked by unlawful, inconsiderate or rude treatment on the part of the official or the person authorized to help him/her, the court may remit the punishment.

Participation in a Group Obstructing or Attacking an Official

Article 319

         (1) Whoever participates in a group which, by joint action, commits the criminaloffensereferred to in Articles 317 and 318 of this Code, for mere participation in thegroup

shallbe punished by a fine or by imprisonment not exceeding one year.

(2) The organizer or leader of the group referred to in paragraph 1 of this Article shall be punished by imprisonment for one to five years.

CHAPTER TWENTY-FIVE (xxv)

CRIMINAL OFFENSES AGAINST OFFICIAL DUTY

Abuse of Office and Official Authority

Article 337

         (1) An official or responsible person who, with an aim to procure for himself/herself or another non-pecuniary benefit, or to cause damage to a third person, abuses his/her office or official authority, oversteps the limits of his/her official authority, or failsto performhis/her duty, shall be punished by a fine or by imprisonment not exceeding three years.

(2) If the criminaloffensereferred to in paragraph 1 of this Article results in a considerable damage or a serious violation ofthe rightsof a third person, the perpetrator shall be punished by imprisonment for three years to five years.

(3)If pecuniarygain is acquired by the criminaloffensereferred to in paragraph 1 of this Article, the perpetrator shall be punished by imprisonment for six months to five years.

(4)If pecuniarygain is acquired by the criminaloffensereferred to in paragraph 1 of this Article, and if the perpetrator acted with an aim to acquire such gain, the perpetrator shall be punished by imprisonment for one to ten years.

Abuse in Performing Governmental Duties

Article 338

         An official or responsible person in governmental bodies or units of local self-government and administration, units of local self-government or bodies which perform public services, or an official or responsible person in legal entities whose owner or majority owner is the Republic of Croatia or a unit of local self-government and administration, who, for the purpose of acquiring pecuniary gain in his/her private business or the private business of members of his/her family, abuses his/her office or official authority by giving preferential treatment in contracting business, giving, obtaining or contracting jobs, shall be punished by imprisonment for six months to five years.

Negligent Performance of Duty

Article 339

         An official or responsible person who, by violating laws or other regulations, by failing to perform mandatory supervision or in any other way acts in a clearly unconscientious manner in the performance of his/her duty, thus causing a serious violation of the rights of a third person or considerable property damage, shall be punished by a fine or by imprisonment not exceeding three years.

Failure to Execute Orders

Article 340

         An official person who, in performing duties in internal affairs related to the prevention and discovery of criminaloffenses, the apprehension of perpetrators of criminaloffensesor securing public order and peace, fails or refuses to execute the order of his/her superior based on a statutory provision to undertake an official act, thus causing a serious violation of the right of a third person, a serious disturbance of public order or peace, or considerable pecuniary damage, shall be punished by imprisonment for three months to five years.

Unlawful Release of a Person Being Deprived ofLiberty

Article 342

         An official who, charged with the surveillance of a person deprived of liberty, releases such a person in violation of the law, or who helps such a person to escape or enables illicit communication or correspondence to be made, as a result of which the person who is deprived of liberty succeeds in escaping, shall be punished by imprisonment for three months to five years.

Unlawful Intercession

Article 343

         (1) Whoever accepts a reward or any other benefit to intercede so that an official act be or be not performed, by taking advantage of his/her official or social position or influence, shall be punished by imprisonment for six months to three years.

(2) The samepunishementas referred to in paragraph 1 of this Article shall be inflicted on whoever, taking advantage of his/her official or social position or influence, intercedes so that an official act be performed which ought not to be performed, or so that an official act be not performed which ought to be performed.

(3) If, for the intercession referred to in paragraph 2 of this Article, a reward or some other benefit is received, while some other criminaloffenseis not committed for which a more severe punishment is prescribed, the perpetrator shall be punished by imprisonment for one to five years.

Fraud in the Performance of a Duty

Article 344

         (1) An official or responsible person who, in the performance of his/her duty, with an aim to procure for himself/herself or a third party illegal pecuniary gain by submitting a false statement of account, or in some other way, by a false presentation of facts, deceives an authorized person into making an unlawful disbursement, shall be punished by imprisonment for threemonths tothree years.

(2) If, as result of the criminaloffensereferred to in paragraph 1 of this Article, considerable pecuniary gain is acquired, while the perpetrator acts with an aim to realize such gain, the perpetrator shall be punished by imprisonment for six months to five years.

Embezzlement

Article 345

         (1) Whoever unlawfully appropriates money, securities or other movable property which is entrusted to him/her in service or generally in his/her work shall be punished by imprisonment for six months to five years.

(2) If the value of the embezzled property is small, or if a small sum of money or securities or property of small value is embezzled, while the perpetrator acts with an aim to appropriate such value, he/she shall be punished by a fine or by imprisonment not exceeding one year.

(3) If a large sum of money is embezzled or securities or property of large value is embezzled, while the perpetrator acts with an aim to appropriate such value,  he/she shall be punished by imprisonment for one to ten years.

Accepting a Bribe

Article 347

         (1) An official or responsible person who solicits or accepts a gift or some other benefit, or who agrees to accept a gift or some other benefit,for performingwithin the scope of his/her authority an official or other act which he/she should not perform, or for omitting of an official or other act which he/she should perform, shall be punished by imprisonment for six months to five years.

(2) An official or responsible person who solicits or accepts a gift or some other benefit, or who agrees to accept a gift or some other benefit, for performing within the scope of his/her authority an official or other act which he/she should perform, oromitting anofficial or other act which he/she should not perform, shall be punished by imprisonment for three months to three years.

(3) An official or responsible person who, following the performance or omission of an official or other act referred to in paragraphs 1 and 2 of this Article, and in relation to which he/she solicits or accepts a gift or some other benefit, shall be punished by a fine or by imprisonment not exceeding one year.

(4) The gift or other pecuniary gain received shall be forfeited.

Unlawful Appropriation of Objects DuringInspection,Searchor Enforcement Proceedings

Article 349

         An official person who, in the course of a search of a home, premises or persons, or in the course of enforcement proceedings or inspection, appropriates movable property with an aim to procure by its appropriation unlawful pecuniary gain for himself/herself or another shall be punished by imprisonment for six months to five years.

CHAPTER TWENTY-SEVEN (xxvii)

TRANSITORY AND CLOSING PROVISIONS

Article 389    

         When this Code comes into force, the following shall cease to be valid:

         1. Basic Criminal Code of the Republic of Croatia - ("Narodnenovine" - Official Gazette of the Republic of Croatia Nos. 31/93, 39/93, 108/95, 16/96 and 28/96),

         2. Criminal Code of the Republic of Croatia - ("Narodnenovine" - Official Gazette of the Republic of Croatia Nos. 32/93, 38/93, 16/96 and 28/96),

         3. Act on CriminalOffensesof Subversive and Terrorist ActivitiesAgainstthe State Sovereignty and Territorial Unity of the Republic of Croatia - ("Narodnenovine" - Official Gazette of the Republic of Croatia No. 74/92).

Article 390

         The execution of sanctions imposed by a final decision in accordance with the provisions of the criminal statutes referred to in Article 389 of this Code, whose enforcement did not begin or whose execution is in course, shall in their formulation, content and the mode of enforcement be brought into accord with the provisions of this Code as of the day of its coming into force.

Article 391

         This Code shall come into force on January 1st, 1998.