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Criminal Code of Brcko District of Bosnia and Herzegovina 

(excerpts)

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XVIII CHAPTER EIGHTEEN
CRIMINAL OFFENCES INVOLVING TERRORISM


Taking Hostages
Article 197

(1) Whoever unlawfully confines, keeps confined or in some other manner deprives
another person of the freedom of movement, or restricts it in some way, or detains and
threatens to kill, to injure or to continue to detain as a hostage, with an aim to compel the
Brcko District of Bosnia and Herzegovina, to perform or to abstain from performing any
act as an explicit or implicit condition for the release of a hostage,
shall be sentenced to imprisonment for a term between one and ten years.
(2) If, by the criminal offence referred to in Paragraph 1 of this Article, the death of the
hostage is caused, the perpetrator
shall be sentenced to imprisonment for a term not less than five years.
(3) If, in the course of the perpetration of the criminal offence referred to in Paragraph 1
of this Article, the perpetrator deprives a hostage of his life intentionally, he
shall be sentenced to imprisonment for a term not less than ten years or a long-term
imprisonment.

Terrorism
Article 198
(1) Whoever perpetrates a terrorist act with the aim of seriously intimidating the
population or compelling the authorities of the Brcko District of Bosnia and Herzegovina,
to perform or abstain from performing any act, or with the aim of seriously destabilising
or destroying the fundamental political, constitutional, economic or social structures or
values of the Brcko District of Bosnia and Herzegovina,
shall be sentenced to imprisonment for a term not less than three years.
(2) If the death of one or more persons resulted from the perpetration of the criminal
offence referred to in Paragraph 1 of this Article, the perpetrator
shall be sentenced to imprisonment for a term not less than five years.
(3) If in the course of the perpetration of the criminal offence referred to in Paragraph 1
of this Article the perpetrator intentionally deprived another person of his life, he
shall be sentenced to imprisonment for a term not less than ten years or a long-term
imprisonment.
(4) A terrorist act, in terms of this Article, shall refer to one of the following intentional
acts which, given its nature or its context, may cause serious damage to a state or
international organisation:
a) Attack upon person’s life, which may cause death;
b) Attack upon the physical integrity of a person;
c) Unlawful confinement of, keeping confined or in some other manner depriving
another of the freedom of movement, or restricting it in some way, with the aim to
force him or some other person to do or abstain from doing something or to bear
something (kidnapping) or taking hostages;
d) Causing great damage to facilities of the Brcko District of Bosnia and
Herzegovina, or public facilities, a transport system, infrastructure facilities,
including the information system, a public place or private property, likely to
endanger human lives or result in major economic loss;
e) Hijacking of an aircraft, ship or another means of public or goods transport;
f) Manufacture, possession, acquisition, transport, supply, use or training for the use
of weapons, explosives, nuclear, biological or chemical weapons or radioactive
material, as well as research into, and development of, biological and chemical
weapons or radioactive material;
g) Releasing dangerous substances, or causing fire, explosion or floods the effect of
which is to endanger human lives;
h) Interfering with or disrupting the supply of water, power or any other fundamental
natural resource the effect of which is to endanger human lives;
i) Threatening to perpetrate any of the acts referred to in Items a) to h) of this
Paragraph.


Funding of Terrorist Activities
Article 199
(1) Whoever by any means, directly or indirectly, provides or collects funds with the
aim that they are used or knowing that they are to be used, in full or in part, for the
purpose of perpetrating a criminal offences referred to in Article 197 (Taking of
Hostages) and Article 198 (Terrorism) of this Code and any other criminal offense
that can result in death or serious bodily injury of a civilian or a person who is not
actively engaged in hostilities in an armed conflict, when the purpose of such
offence, by its nature or context, is to intimidate population or to compel the
authorities of the BrĨko District of Bosnia and Herzegovina to perform or to abstain
from performing an act, regardless of the fact whether the terrorist activities have
been conducted or not and whether the funds have been used for conduct of
terrorist activities, shall be punished by imprisonment for a term of one to ten years.
(2) The punishment referred to in the Paragraph (1) of this Article will be applicable
to anyone who in any manner, directly or indirectly, provides or collects or ensures
funds in another way:
a) with a purpose that they are used in full or in part for any purposes by terrorist
organizations or individual terrorists, or
b) knowing that they would, in full or in part, be used for the perpetration of
criminal offences referred to in the Paragraph (1) of this Article by terrorist
organizations or individual terrorists.
(3) The collected funds that are intended to be used for perpetration or have been
created by perpetration of a criminal offense referred to in the Paragraph (1) of this
Article, shall be confiscated.
(4) Funds referred to in the Paragraphs (1) and (2) of this Article are considered to
be any funds, items or rights, material or non-material, moveable or real estate,
regardless of their origin as well as legal documents or instruments in any form,
including electronic or digital, that prove the ownership or title to property,
including and not limited to bank loans, travel checks, banking checks, cash orders,
shares, securities, bonds, bill of exchange and letters of credit.

introduced by Law OG 26/16

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