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THE CRIMINAL CODE

OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA

adopted by the SFRJ Assembly at the session of the Federal Council held on September 28, 1976; declared by a decree of the President of the Republic on September 28, 1976; published in the Official Gazette SFRJ No. 44 of October 8, 1976; a correction was made in the Official Gazette SFRJ No. 36 of July 15, 1977; took effect on July 1, 1977.

(excerpts)

GENERAL PART

Chapter Five

SECURITY MEASURES

Confiscation of objects

Article 69.

(1) Objects used or destined for use in the commission of a criminal act as well as those which resulted from the commission of a criminal act may be confiscated if they are owned by the offender.

(2) Objects referred to in paragraph 1 of this article may be confiscated even when they are not owned by the offender when considerations of general safety or preservation of morals so require , but such confiscation does not affect the rights of third parties to obtain damages from the offender.

(3) It may be set forth in the law that the confiscation of objects be mandatory.

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Chapter Seven

APPROPRIATION OF MATERIAL GAIN ACQUIRED BY THE COMMISSION OF A CRIMINAL ACT

The basis of the appropriation of material gain

Article 84.

(1) No one is allowed to retain material gain acquired by the commission of a criminal act.

(2) The benefit referred to in paragraph 1 of this article shall be appropriated by court order which established the commission of a criminal act, under the terms set forth in this law.

Modes of appropriating material gain

Article 85.

(1) All the money, valuable objects and every other material gain acquired by the commission of a criminal act shall be appropriated from offenders, and in case the appropriation is not feasible - the offender shall be obliged to pay a sum of money which corresponds to the acquired material gain.

(2) Material gain acquired by the commission of a criminal act may be appropriated from the persons to whom it has been transferred without compensation or with a compensation which do not corresponds to the real value, if the persons knew or might have known that the material gain has been acquired by the commission of a criminal act. In cases when the material gain has been transferred to close relatives, it shall be appropriated from them as well, unless they prove that they have given the full value worth of compensation.

Protection of damaged party

Article 86.

(1) If legal damages have been awarded to a damaged party the court shall order the appropriation of material gain if it exceeds the ordered property-legal claim of the damaged party.

(2) A damaged party who has been directed to litigate in the course of criminal proceedings regarding his property-legal claim - may demand that he be compensated from the amount of the appropriated value, providing he litigates within six months from the day when the decision by which he has been directed to litigate takes effect, and if within three months from the day when his claim has been legally established he demands to be compensated from the appropriated value.

(3) A damaged party who did not report a property-legal claim in the course of a criminal proceedings may demand compensation from the appropriated value, if for the sake of establishing his claim he has begun litigating within three months from the day when he found out about the verdict which appropriates a material gain, and no longer than within two years from the day when the decision on the appropriation of material gain took effect, and if within three months from the day when the decision by which his claim was established he demands compensation from the appropriated value.

THE SPECIAL PART

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Chapter Eighteen

CRIMINAL ACTS AGAINST THE ECONOMY AND UNITY OF THE YUGOSLAV MARKET

Counterfeiting money

Article 168.

(1) Whoever manufactures counterfeit money with the intention of putting it into circulation as genuine, or whoever forges genuine money with the intention of putting it into circulation, or whoever puts such false money into circulation, shall be punished by imprisonment for not less than one year.

(2) A sentence referred to in paragraph 1 of this article shall be imposed on those who procure counterfeit money with the intent of putting it into circulation as genuine.

(3) If there has been or might have been an upset in the national economy as a result of an act referred to in paragraphs 1 and 2 of this article, the offender shall be punished by imprisonment for not less than five years or for a term of 20 years.

(4) Whoever puts into circulation forged money received by him as genuine, or who has knowledge of a forged money being made or put into circulation, and fails to report it, shall be punished by a fine or imprisonment for a term not exceeding one year.

(5) The forged money shall be forfeited.

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Chapter Nineteen

CRIMINAL ACTS AGAINST OFFICIAL DUTY OF THE OFFICIALS IN FEDERAL BODIES

Abuse of office or official authority

Article 174.

(1) An official who, with the intention of acquiring a benefit to himself or to another person, or of causing damage to a third person, takes advantage of his office or official authority, exceeds the limits of his official authority or fails to execute his official duty, shall be punished by imprisonment for a term not exceeding three years.

(2) If substantial damage or a serious breach of another man's right has occurred as a result of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for a term exceeding three months but not exceeding five years.

(3) If material gain has been procured as a result of an act referred to paragraph 1 of this article, the offender shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

(4) If material gain exceeds 30,000 dinars, the offender shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

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Accepting of bribe

Article 179.

(1) An official who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit for the doing within the scope of his official powers of an official act which ought not to be performed by him, or for the omission of an official act which ought to be performed by him, shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

(2) In a particularly grave case of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for not less than three years.

(3) An official who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit for the doing within the scope of his official powers of an official act which ought to be performed by him, or for the omission of an official act which ought not to be performed by him, shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

(4) An official who demands or accepts a gift or any other benefit following the performance or omission of an official act referred to in paragraphs 1 to 3 of this article, and in relation to it, shall be punished by imprisonment for a term exceeding three months but not exceeding three years.

(5) The gifts or any other benefits shall be forfeited.

Illegal influence

Article 180.

(1) An official who accepts a reward or any other benefit toward interceding that an official act be or not be performed, taking advantage of his official position, shall be punished by imprisonment for a term not exceeding three years.

(2) An official who, taking advantage of his official position, intercedes that an official act be performed which ought not to be performed, or that an official act be not performed which ought to be performed, shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

(3) If a reward or any other benefit has been received in return for the intercession referred to in paragraph 2 of this article, the offender shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

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Falsifying official documents

Article 184.

(1) An official who enters false data into official document, book or file, or who fails to enter important data, or who by his signature or an official seal certifies an official or business document, book or file containing false data, or who by his signature or an official seal facilitates the drawing up of such documents, books or files containing with false data, shall be punished by imprisonment for a term exceeding three months but not exceeding five years.

(2) The punishment referred to in paragraph 1 of this article shall also be imposed on an official who, in the office, uses a false official or business document, book or file as if they were authentic, or who destroys, conceals, substantially damages or in some other way renders useless any official or business document, book or file.

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Failure to report a criminal offense

Article 199.

(1) If an official fails to report a criminal offense he has discovered while performing his duties, for which the law provides five years of imprisonment or a harsher punishment for the offense, and if the offense is subject to prosecution as an official duty, he shall be punished by imprisonment for a term exceeding three months but not exceeding three years.

(3) No punishment for failure to report the criminal offense referred to in paragraph 1 of this article shall be imposed on an official if the offender is the spouse, first-line blood relative, brother or sister, adoptive parent or adopted child, or the offender's defense lawyer or doctor.

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