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CRIMINAL CODE OF THE REPUBLIKA SRPSKA

July 31, 2000

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Chapter Sixteen

CRIMINAL OFFENSES AGAINST CIVIL LIBERTIES AND RIGHTS

Duress

Article 143

(1) Whoever compels another person by use of force or serious threat of use of force to an action, omission of an action or acquiescence, shall be fined or punished by imprisonment term not exceeding one year.

(2) Whoever commits the offense described under paragraph 1 of this article by threatening to kill or inflict a grievous bodily injury, abduction or in a group or criminal organization shall be punished by imprisonment term not exceeding three years.

Abduction

Article 144

(1) Whoever commits the abduction of a person in order to extort money or other property gain from him or someone else, or force him or someone else to an action, omission of an action or acquiescence,

shall be punished by imprisonment term ranging between one and eight years.

(2) Whoever commits the act defined by paragraph 1. of this article against a child or a juvenile, or in a cruel way, or by threatening to kill or inflict grievous bodily injury, or in group or criminal organization,

shall be punished by imprisonment term ranging between one and ten years.

(3) The punishment prescribed under paragraph 2 of this article shall also be pronounced if the abducted person had been held for more than fifteen days, or the health of the abducted person has been severely harmed, or other serious consequences have occurred.

(4) Should the abducted person die in consequence of the offenses described under paragraphs 1, 2, and 3 of this article, the perpetrator

shall be punished by imprisonment term ranging between two and fifteen years.

(5) The perpetrator of the acts referred to in paragraphs 1 through 3 of this article who voluntarily releases the abducted person before his request for which he had committed the abduction had been fulfilled,

may be freed from punishment.

Lawless Deprivation of Liberty

Article 145

(1) Whoever imprisons, keeps imprisoned or otherwise restricts the freedom of movement of another in a lawless way,

shall be fined or punished by imprisonment not exceeding one year.

(2) If the offense described under paragraph 1 of this article has been done by an official by abuse of is official position or authority, the perpetrator

shall be punished by imprisonment not exceeding three years.

(3) If the lawless deprivation of liberty from paragraphs 1 and 2 of this article lasted longer than fifteen days, or has been done in a cruel way, or the person deprived of liberty in a lawless way has suffered serious damage of his health or some other grievous consequences, the perpetrator

shall be punished by imprisonment ranging between one and five years.

(4) Should a consequence of the offense described under paragraphs 1, 2, and 3 a death of the person lawlessly deprived of liberty occur, the perpetrator

shall be punished by imprisonment term ranging between two and twelve years.

The attempt to commit the offenses described under paragraphs 1 and 2 of this article is punishable.

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Chapter Nineteen

CRIMINAL OFFENSES AGAINST SEXUAL INTEGRITY

Rape

Article 183

(1) Whoever by force or threat of immediate attack upon life and limb, or life or limb of a close person, compels another person to sexual intercourse, or some other sexual act.

shall be punished by imprisonment term ranging between one and ten years.

(2) If the criminal offense described under paragraph 1 of this article has been committed against a juvenile, or in a particularly brutal or degrading way, or the rape was at the same occasion repeated once or several times by one or several individuals, the act has caused grievous bodily injury or a serious disturbance of health or pregnancy of the female victim, the perpetrator

shall be punished by imprisonment term ranging between three and fifteen years.

(3) If the act referred to under paragraphs 1 and 2 of this article has caused death of the victim, the perpetrator

shall be punished by imprisonment term exceeding five years.

(4) Whoever forces another to sexual intercourse by serious threat that he would disclose something what would harm his or honor and reputation of a person close to him, or that he would cause some other evil,

shall be punished by imprisonment term between six months and five years.

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Sexual Intercourse with a Child

Article 185

(1) Whoever performs sexual intercourse or another sexual act with a child,

shall be punished by imprisonment term ranging between one and eight years.

(2) Whoever commits the act of rape or another sexual action with a child (article 183 ) or with a helpless child (article 184),

shall be punished by imprisonment term ranging between three and fifteen years.

(3) In case that the offense described under paragraphs 1 and 2 of this article had been committed by a teacher, educator, guardian, step-father, medical doctor or any other person who had abused his position with respect to the child entrusted to him for teaching, educating, guarding or taking care of, the perpetrator

shall be punished by imprisonment term ranging between five and fifteen years.

(4) If the criminal offense described under paragraphs 1, 2, and 3 of this article is committed in a particularly brutal or degrading way, or several acts were committed by several persons on the same occasion, or grievous bodily injury, impairment of health, or pregnancy of the female victim were brought about, the perpetrator

shall be punished by imprisonment term exceeding five years.

(5) If the offenses described under paragraphs 1, 2, 3, and 4 of this article had caused death of the child, the perpetrator

shall be punished by imprisonment term of at least ten years.

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Trade with humans for the purpose of prostitution

Article 188

(1) Whoever for profit, induces, incites or lures other persons into offering sexual services, , or in some other way enables a person s transfer to another for the purpose of offering sexual services, or whoever takes part in any way in organizing or maintaining offering sexual services,,

shall be punished by imprisonment term ranging between six months and five years.

(2) Whoever, with the intention to acquire personal gain, by use of force or serious threat of force or other significant harm, compels or lures another to provide sexual services,

shall be punished by imprisonment term ranging between one and five years.

(3) Punishment described under paragraphs 2 of this article shall also be imposed on whoever for the purpose of getting profit, in the manner described under previous paragraph, by abusing the difficult situation originating from the person s stay in another country, compels or induces that person to offer sexual services, or hires in a professional way another person to induce the person.

(4) If the offense described under paragraphs above has been committed against a person under twenty one years of age, the perpetrator

shall be punished by imprisonment term ranging between one and twelve years.

(5) For the purposes of this article, it does not matter whether the person forced, induced or procured had already been prostituting before.

Abusing children and juveniles for pornographic purposes

Article 189

(1) Whoever abuses a child or a juvenile for the purpose of making pictures, audio-visual material or other objects of pornographic content, or abuses a child or a juvenile for a pornographic show,

shall be punished with imprisonment term ranging between six months and five years.

(2) The objects and means from paragraph 1 shall be forfeited.

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