Print   

CRIMINAL CODE

(excerpts)

[...]

CHAPTER XXX
OFFENSES AGAINST PUBLIC SECURITY


Acts of Terrorism
Section 314
(1) Any person who commits a violent crime against the persons referred to in Subsection (4)
or commits a criminal offense that endangers the public or involves the use of arms in order to:
a) coerce a government agency, another State or an international body into doing, not doing or
countenancing something;
b) intimidate the general public;
c) conspire to change or disrupt the constitutional, economic or social order of another State, or
to disrupt the operation of an international organization;
is guilty of a felony punishable by imprisonment between ten to twenty years or life
imprisonment.
(2) Any person who seizes considerable assets or property for the purpose defined in Paragraph
a) and makes demands to government agencies or international organizations in exchange for
refraining from harming or injuring said assets and property or for returning them shall be
punishable according to Subsection (1).
(3) The punishment of any person who:
a) abandons the commission of the terrorist act defined under Subsection (1) or (2) before any
grave consequences have resulted therefrom; and
b) confesses his conduct to the authorities;
in such a manner as to cooperate with the authorities to prevent or mitigate the consequences of
such criminal act, apprehend other coactors, and prevent other criminal acts may be reduced
without limitation.
(4) For the purposes of this Section, violent crime against the person, or criminal offense that
endangers the public or involves the use of arms shall include:
a) homicide [Subsections (1)-(2) of Section 160], battery [Subsections (2)-(6) and (8) of
Section 164], professional misconduct with intent [Subsection (3) of Section 165];
b) kidnapping [Subsections (1)-(4) of Section 190], violation of personal freedom (Section
194);
c) offenses against transport security [Subsections (1)-(2) of Section 232], endangerment of
railway, air or water transport systems [Subsections (1)-(2) of Section 233];
d) misappropriation of radioactive materials [Subsections (1)-(2) of Section 250];
e) assault on a public official [Subsections (1)-(5) of Section 310], assault on a person entrusted
with public functions (Section 311), assault on a person aiding a public official or a person
entrusted with public functions (Section 312), assault on a person under international protection
[Subsection (1) of Section 313];
f) unlawful seizure of a vehicle [Subsections (1)-(2) of Section 320], public endangerment
[Subsections (1)-(3) of Section 322], interference with works of public concern [Subsections (1)-
(3) of Section 323], criminal offenses with explosives or blasting agents [Subsections (1)-(2) of
Section 324], criminal offenses with firearms and ammunition [Subsections (1)-(3) of Section
325];
g) criminal offenses with weapons prohibited by international convention [Subsections (1)-(5)
of Section 326], criminal offenses with military items and services [Subsections (1)-(3) of
Section 329], criminal offenses with dual-use items [Subsections (1)-(2) of Section 330];
h) robbery [Subsections (1)-(4) of Section 365] and vandalism [Subsections (1)-(6) of Section
371];
i) breach of information system or data [Subsections (1)-(3) of Section 423].
Section 315
(1)29 Any person who instigates, suggests, offers, joins or collaborates in the commission of
any of the criminal acts defined in Subsection (1) or (2) of Section 314 or any person who is
involved in aiding and abetting such criminal conduct by providing any of the means intended for
use in such activities is guilty of a felony punishable by imprisonment between two to eight
years.
(2)30 Any person who is engaged in the conduct referred to in Subsection (1) or in the
commission of any of the criminal acts defined in Subsection (1) or (2) of Section 314 in a
terrorist group, is punishable by imprisonment between five to ten years.
(3) The perpetrator of a criminal act defined in Subsection (1) or (2) shall not be prosecuted if
he confesses the act to the authorities first hand and unveils the circumstances of the criminal act.
Section 316
Any person threatening to commit a terrorist act is guilty of a felony punishable by
imprisonment between two to eight years.


Failure to Report a Terrorist Act
Section 317
Any person who has positive knowledge concerning plans for a terrorist act and fails to
promptly report that to the authorities is guilty of a felony punishable by imprisonment not
exceeding three years.


Terrorist Financing
Section 318
(1) Any person who provides or collects funds with the intention that they should be used in
order to carry out an act of terrorism, or who provides material assistance to a person who is
making preparations to commit a terrorist act or to a third party on his behest is guilty of a felony
punishable by imprisonment between two to eight years.
(2) Any person who commits the criminal offense referred to in Subsection (1) in order to carry
out an act of terrorism in a terrorist group, or on behalf of any member of a terrorist group, or
supports the activities of the terrorist group in any other form is punishable by imprisonment
between five to ten years.
(3) For the purposes of this Section ‘material assistance’ shall mean the assets specified in
Point 1 of Article 1 of Council Regulation (EC) No. 2580/2001 of 27 December 2001 on specific
restrictive measures directed against certain persons and entities with a view to combating
terrorism, including legal documents and instruments in any form.


Interpretative Provision
Section 319
For the purposes of Sections 315 and 318 ‘terrorist group’ shall mean a group consisting of
three or more persons operating in accord for an extended period of time whose aim is to commit
acts of terrorism.


Unlawful Seizure of a Vehicle
Section 320
(1) Any person who seizes control of an aircraft, any means of public transportation or any
means of freight transport by force or threat of force, or by way of disabling another person by
rendering him unconscious or incapable of self-defense is guilty of a felony punishable by
imprisonment between five to ten years.
(2) The penalty shall be imprisonment between ten to twenty years or life imprisonment, if the
criminal offense results in death.
(3) Any person who engages in preparations for the unlawful seizure of a vehicle is punishable
by imprisonment between two to eight years.
(4) The punishment of a person who abandons commission of the criminal act before grave
consequences have resulted therefrom may be reduced without limitation.

[...]