Sunday, November 19, 2017

CHAPTER EIGHTEEN

SEXUAL OFFENCES

Rape

Article 178

(1) Whoever forces another to sexual intercourse or an equal act by use of force or threat of direct attack against the body of such or other person, shall be punished with imprisonment from three to twelve years.

 (2) If the offence specified in paragraph 1 of this Article is committed under threat of disclosure of information against such person or another that would discredit such person’s reputation or honour, or by threat of other grave evil,  the offender shall be punished with imprisonment from two to ten years.

(3) If the offence specified in paragraphs 1 and 2 of this Article resulted in grievous bodily harm of the person against whom the offence is committed, or if the offence is committed by more than one person or in a particularly cruel or particularly humiliating manner or against a juvenile or the act resulted in pregnancy,  the offender shall be punished with imprisonment from five to fifteen years.

(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the person against whom it was committed or if committed against a child, the offender shall be punished with imprisonment of minimum ten years.

Sexual Intercourse with a Helpless Person

Article 179

(1) Whoever has sexual intercourse with another or commits an equal act by taking advantage of such person’s mental illness, mental retardation or other mental disorder, disability or some other state of that person due to which the person is incapable of resistance, shall be punished with imprisonment of two to ten years.

(2) If the helpless persons suffers serious bodily harm due to the offence specified in paragraph 1 of this Article, or the offence has been committed by several persons or in a particularly cruel or humiliating manner, or against a juvenile or if the act resulted in pregnancy the perpetrator shall be punished with imprisonment of five to fifteen years.

(3) If the offence specified in paragraphs 1 and 2 of this Article results in death of the person against whom it was committed or if committed against a child, the offender shall be punished with imprisonment of minimum ten years.

Sexual Intercourse with a Child

Article 180

(1) Whoever has sexual intercourse or commits an equal act against a child, shall be punished with imprisonment from three to twelve years.

(2) If the offence specified in paragraph 1 of this Article results in grievous bodily harm of the child against whom the act was committed or if the act is committed by several persons or the act resulted in pregnancy, the offender shall be punished with imprisonment from five to fifteen years.

(3) If death of the child results due to the offence specified in paragraphs 1 and 2 of this Article, the offender shall be punished with imprisonment of minimum ten years.

(4) An offender shall not be punished for the offence specified in paragraph 1 of this Article if there is no considerable difference between the offender and the child in respect of their mental and physical development.

Sexual Intercourse through Abuse of Position

Article 181

(1) Whoever by abuse of position induces to sexual intercourse or an equal act a person who is in a subordinate or dependant position, shall be punished with imprisonment of three months to three years.

(2) Teacher, tutor, guardian, adoptive parent, stepfather or other person who through abuse of his position or authority has sexual intercourse or commits an act of equal magnitude a juvenile entrusted to him for learning, tutoring, guardianship or care, shall be punished with imprisonment from one to ten years.

(3) If the offence specified in paragraph 2 of this Article is committed against a child, the offender shall be punished with imprisonment of three to twelve years.

(4) If the offence specified in paragraphs 1 through 3 of this Article resulted in pregnancy, the offender shall be punished for the offence specified in paragraph 1 by imprisonment from six months to five years, and for the offence specified in paragraph 2 by imprisonment from two to twelve years, and for the offence specified in paragraph 3 by imprisonment from three to fifteen years.

(5) If death of the child results due to offence specified in paragraph 3 of this Article, the offender shall be punished with imprisonment of minimum ten years.

Prohibited Sexual Acts

Article 182

(1) Whoever under conditions specified in Article 178, paragraphs 1 and 2, Article 179, paragraph 1, and Article 181 paragraphs 1 and 2 hereof commits some other sexual act, shall be punished with a fine or imprisonment up to three years.

(2) Whoever perpetrates any other sexual act under the conditions specified in Article 180, paragraph 1 and Article 181 paragraph 3 hereof shall be punished with imprisonment of six months to five years.

(3) If the offence specified in paragraph 1 and 2 of this Article results in grievous bodily harm of the person against whom the act is committed, or if the act is committed by several persons or in a particularly cruel or degrading manner, the offender shall be punished with imprisonment from two to ten years.

(4) If the offence specified in paragraph 1 and 2 of this Article results in death of the person against whom the act is committed, the offender shall be punished with imprisonment of minimum five years.

Pimping and Procuring

Article 183

(1) Whoever pimps a minor for sexual intercourse or an equal act or other sexual act, shall be punished with imprisonment of one to eight years and a fine.

(2) Whoever procures a minor for sexual intercourse or an act of equal magnitude or other sexual act, shall be punished with imprisonment of six months to five years and a fine.

Mediation in Prostitution

Article 184

(1) Whoever causes or induces another person to prostitution or participates in handing over a person to another for the purpose of prostitution, or who by means of media or otherwise promotes or advertises prostitution, shall be punished with imprisonment of six months to five years and a fine.

(2) If the offence specified in paragraph 1 of this Article is committed against a minor, the offender shall be punished with imprisonment from one to ten years and a fine.

 Showing, procuring and possession of Pornographic Material and Juvenile Pornography

Article 185

(1) Whoever sells, shows or publicly displays or otherwise makes available texts, pictures, audio-visual or other items of pornographic content to a minor or shows to a child a pornographic performance, shall be punished with a fine or imprisonment up to six months.

(2) Whoever uses a minor to produce photographs, audio-visual or other items of pornographic content or for a pornographic show, shall be punished with imprisonment from six months to five years.

(3) If the offence referred to in paragraphs 1 and 2 hereof has been perpetrated against a child, the offender shall be punished with imprisonment of six months to three years for the offence from paragraph 1 and with imprisonment of one year to eight years for the offence from paragraph 2.

(4) Whoever obtains for himself or another, possesses, sells, shows, publicly exhibits or electronically or otherwise makes available pictures, audio-visual or other items of pornographic content resulting abuse of a juvenile, shall be punished with imprisonment from three months to three years.

(5) Items specified in paragraphs 1 through 4 of this Article shall be confiscated.

Inducing a Minor to Attend Sexual Acts

Article 185a

(1) Whoever induces a minor to attend a rape, sexual intercourse, or an act equivalent to it, or some other sexual act shall be punished with imprisonment of six months to five years and a fine.

(2) If the offence referred to in paragraph 1 hereof has been perpetrated using force or threat, or against a child, the offender shall be punished with imprisonment of one year to eight years.

Abuse of Computer Networks and Other Methods of Electronic Communication To Commit Criminal Offences Against Sexual Freedom of Minors

Article 185b

(1) Whoever with intent to commit an offence referred to in Article 178, paragraph 4, Article 179, paragraph 3, Article 180, paragraphs 1 and 2, Article 181 paragraphs 2 and 3, Article 182, paragraph 1, Article 183, paragraph 2, Article 184, paragraph 3, Article 185, paragraph 2, and Article 185а herein and using computer networks or other method of electronic communication makes an arrangement to meet with a minor and arrives at the prearranged meeting place in order to meet with the minor shall be punished with imprisonment of six months to five years and a fine.

(2) Whoever perpetrates the offence referred to in paragraph 1 hereof against a child shall be punished with imprisonment of one year to eight years.

Prosecution for Criminal Offences against Sexual Freedom

Article 186

Prosecution for criminal offences specified in Article 178 and 179 hereof committed against a spouse and for the criminal offence specified in Article 182 paragraph 1 hereof is initiated by public prosecutor's office.