Print   

Criminal Code

(entry into force on 1st January 1998)

(excerpts)

(…)

Confiscation of Pecuniary Gain Acquired by a Criminal Offense

Article 82

1. No one shall keep any pecuniary gain acquired as a result of criminal offense.

2. The confiscation of a pecuniary gain shall be ordered by a court decision establishing that a criminal offense has been committed. If it is impossible to seize in full or in part the pecuniary gain consisting of money, securities or objects, the court shall obligate the perpetrator of the criminal offense to pay the corresponding pecuniary counter-value.

3. The pecuniary gain shall also be forfeited if it is owned by a third party on any legal ground if such party, according to the circumstances in which he has acquired the gain, knew or could and ought to have known that this gain was obtained as a result of a criminal offense.

4. The injured party who, in the course of criminal proceedings, or within the maximum time limit of three months after the final decision on the forfeiture of objects, wishes to realize his right to reimbursement within a period of three months after the decision regarding his right.

(…)

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 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 freedom or the freedom of the person he provides for or takes care of shall be punished by imprisonment for one to ten year.

2. Whoever, in violation of the rules of international laws, buys, sells, hands over to another person or mediates in the purchase, sale or handing over of a child or a minor for the purposes of adoption, transplantation of organs, exploitation by labour, minors, or for other illicit purposes shall be punished by imprisonment for not less than five years.

3. Whoever, in violation of the rules of international law, transports persons who are in a position of slavery or in a similar status shall be punished by imprisonment for six months to five years.

(…)

Illegal Transfer of Persons Across the State Border

Article 177

1. Whoever, for lucrative purposes, illicitly transfers across the state border a person or a number of persons shall be punished by a fine or by imprisonment not exceeding one year.

2. Whoever organises the perpetration of the criminal offences referred to in paragraph 1 of this Article shall be punished by imprisonment for six months to five years.

3. An attempt to commit the criminal offence referred to in paragraph 1 of this Article shall be punished.

International Prostitution

Article 178

1. Whoever procures, entices or leads away another person to offer sexual services for profit within a state excluding the one in which such a person has residence or of which he is a citizen shall be punished by imprisonment for three months to three years.

2. Whoever, by force or threat to use force or deceit, coerces or induces another person to go to the state in which he has no residence or of which he is not a citizen, for the purpose of offering sexual services upon payment, shall be punished by imprisonment for six months to five years.

3. If the criminal offence referred to in paragraphs 1 and 2 of this Article is committed against a child or a minor, the perpetrator shall be punished by imprisonment for one to ten years.

4. The fact whether the person procured, enticed, led away, forced or deceived into prostitution has already been engaged in prostitution is of no relevance for the existence of a criminal offence.

(…)

Sexual intercourse by abuse of position

Article 191

1. Whoever, by abusing his/her position induces, another person to submit to sexual intercourse or a sexual act of the same nature and where that person is in a position dependent towards him/her due to harsh material, family, social, health or any other conditions or circumstances shall be punished by imprisonment for three (3) months to three (3) years.

2. A teacher, educator, parent, adoptive parent, guardian, step-parent or other person who abuses his/her power or relationship to a minor entrusted to that person for the purposes of teaching, education, guarding or caring, to commit sexual intercourse or an equivalent sexual act with that minor, will be punished by a prison sentence lasting from six (6) months to six (6) years.'

Sexual intercourse with a child

Article 192

1. Who commits sexual intercourse or an equivalent act with a child, will be punished by a prison sentence lasting from one (1) to eight (8) years.

2. Who commits violent sexual intercourse or an equivalent sexual act with a child or a disabled child will be punished by at least three (3) years’ imprisonment.

3. Who commits sexual intercourse or an equivalent sexual act by abusing his/her power over the child will be punished by a prison sentence lasting from one (1) to ten (10) years.

4. Who commits the criminal act described in paragraph 1 of this Article in a particularly cruel or humiliating way, or if more sexual intercourse or equivalent sexual acts are committed by more than one perpetrator to the detriment of the same victim, will be punished by at least five (5) years’ imprisonment.

5. If the criminal ac described in the paragraph 1 of this Article has caused the death of the child or serious bodily injury, or the child’s health has been seriously damaged, or the female child has become pregnant, the perpetrator will be punished by at least five (5) years’ imprisonment or long-term imprisonment.'

(…)

Pandering

Article 196

1. Whoever panders child or a minor will be punished for three (3) months to three (3) years of imprisonment.

2. Whoever for profit organizes or enables other person giving sexual services will be punished by the sentence from paragraph 1 of this Article.

3. Whoever, for profit, by force, or by threat to use force, or by deceit forces or induces another to offer sexual services shall be punished by a fine or imprisonment from six (6) months to five (5) years.

4. If the crime under paragraphs 2 and 3 of this Article is committed to the detriment of a minor the perpetrator will be punished for one (1) to eight (8) years of imprisonment.

5. Whoever organizes or enables a child giving sexual services will be punished for three (3) months to three (3) years of imprisonment.

6. If the crime from paragraph 3 of this Article is committed with a child, perpetrator will be punished for one (1) to ten (10) years of imprisonment.

7. The fact whether the person who is procured has already been engaged in prostitution is of no relevance on the existence of the criminal offence referred to in this Article.

(…)