CRIMINAL CODE

Chapter XXI

CRIMINAL OFFENSES AGAINST PERSONAL DIGNITY AND MORALITY

Rape

Article 221

(1) Whoever compels another person to sexual intercourse by force or threat of immediate attack upon life and limb, or life or limb of someone close to that person, shall be punished by imprisonment for a term between one and ten years.

(2) If pregnancy of the female victim, grievous bodily injury or a serious disturbance of health or the death of the victim occurred as a result of the act referred to in paragraph 1 of this Article, or if the act has been committed by a number of persons or in a particularly brutal or degrading way, the perpetrator shall be punished by imprisonment for not less than three years.

(3) Sentence from paragraph 2. of this Article shall be pronounced to whoever commits the act described in paragraph 1. of this Article because of differences in national or ethnic origin, race, religion, sex or language.

Forced Sexual Intercourse

Article 222

Whoever has forced another person into sexual intercourse by use of serious threat to reveal something that would seriously harm that person's honor or reputation or that of a person close to him/her, or by seriously threatening that person with some other harm,

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

Sexual Intercourse with a Helpless Person

Article 223

(1) Whoever has had a sexual intercourse with another person taking advantage of that person's mental disease, temporary mental disorder, infirmity or any other state of that person which makes him/her incapable of resisting, shall be punished by imprisonment for a term between one and eight years.

(2) If grievous bodily injury or serious damage to health or the death of the victim occurred as a result of the act referred to in paragraph 1 of this Article, or if the act has been committed by two or more persons or in a particularly brutal or degrading way, the perpetrator shall be punished by imprisonment for not less than three years.

Sexual Intercourse with a Juvenile

Article 224

(1) Whoever performs sexual intercourse with a juvenile under the age of 14, shall be punished by imprisonment for a term between six months and five years.

(2) Whoever commits the act referred to in paragraph 1 of this Article against a helpless juvenile under the age 14, or by use of force or threat of immediate attack upon life or body, shall be punished by imprisonment for not less than three years.

(3) If pregnancy of the juvenile female, grievous bodily injury or serious damage to health or the death of the juvenile occurred as a result of the acts referred to in paragraphs 1 and 2 of this Article, or if the act has been committed by two or more persons or in a particularly brutal or degrading way, the perpetrator shall be punished by imprisonment for not less than five years.

Sexual Intercourse by Abuse of Position

Article 225

(1) Whoever induces into sexual intercourse another person who is in a subordinate or dependent position in relation to him/her by abusing that person's position, shall be punished by imprisonment for a term between three months and three years.

(2) A teacher, educator, guardian, adoptive parent, step-father or any other person who by abuse of his/her status has sexual intercourse with a juvenile who is aged 14 or over and who has been entrusted to him/her for the purpose of instructing, educating, custody or care, shall be punished by imprisonment for a term between six months and five years.

(3) If the act referred to in paragraph 2 of this Article has been committed against a juvenile who is under the age of 14, the perpetrator shall be punished by imprisonment for a term between one year and ten years.

Concupiscence

Article 226

Whoever in the cases referred to under Articles 221 to 225 of this Code commits only debauchery, shall be punished by imprisonment for a term not exceeding three years.

Seduction

Article 227

(1) Whoever by false promises of marriage induces into a sexual intercourse a juvenile who is aged between 14 and 16, shall be punished by imprisonment for a term between three months and three years.

(2) Prosecution shall be instituted upon personal complaint.

Procuring and Pandering

Article 228

(1) Whoever procures a juvenile for debauchery shall be punished by imprisonment for a term between three months and five years.

(2) Whoever procures opportunities for debauchery with a juvenile, shall be punished by imprisonment for a term not exceeding three years.

(3) Whoever for reward procures a female, or whoever for reward procures opportunities for debauchery, shall be punished by imprisonment for a term not exceeding three years and fined.

Promoting Prostitution

Article 229

(1) Whoever recruits, induces, incites or lures females into prostitution, or whoever takes part in any way in turning a female over to another for the exercise of prostitution, shall be punished with a sentence of imprisonment for a term between three months and three years.

(2) If the offense described in paragraph 1 of this Article has been committed against a juvenile female or by force, threat or ruse, the perpetrator shall be punished with a sentence of imprisonment for a term between one year and ten years.

Showing Obscene (Pornographic) Material

Article 230

(1) Whoever sells, shows or renders available through a public display or in any other way writings, pictures, audiovisual and other objects containing pornography to a person younger than 14, or whoever shows him/her a pornographic show, shall be fined or punished with a sentence of imprisonment for a term not exceeding one year.

(2) The objects used in committing the offense from the paragraph 1. of this Article shall be confiscated.

Chapter XXII

CRIMINAL OFFENSES AGAINST MARRIAGE AND FAMILY

Bigamy

Article 231

(1) Whoever, being already, married contracts a new marriage, shall be punished by imprisonment for a term not exceeding one year.

(2) The punishment defined in paragraph 1 of this Article shall also be pronounced on a person who contracts a marriage with another person despite knowing such person to be married.

Connivance at Contracting a Not-Allowed Marriage

Article 232

An authorized person before whom a marriage is being entered into, or a registrar who in the exercise of his/her duty knowingly permits a marriage to be contracted which is prohibited, null or considered non-existent under the law, shall be punished by imprisonment for a term not exceeding one year.

Non-Matrimonial Cohabitation with a Juvenile

Article 233

(1) An adult who lives in non-matrimonial union (cohabitates) with a juvenile who is aged 14 or over, shall be punished by imprisonment for a term between three months and three years.

(2) The punishment referred to in paragraph 1 of this Article shall also be pronounced on a parent, adoptive parent or guardian who permits or induces a juvenile who is aged 14 or over to live in a non-matrimonial union (cohabits) with another person.

(3) If the act referred to in paragraph 2 of this Article has been committed for personal gain,

(4) the perpetrator shall be punished by imprisonment for a term between six months and five years, and fined.

(5) In the event that marriage is contracted, the prosecution shall not be instituted, or if it has been instituted, it shall be discontinued.

Breach of Family Obligations

Article 237

(1) Whoever in gross violation of his/her legal family obligations leaves in a difficult situation a member of his/her family who is not capable of taking care of himself, shall be punished by imprisonment for a term between three months and three years.

(2) Should the member of the family lose his/her life or should his/her health be severely damaged as a result of such an act, the perpetrator shall be punished by imprisonment for a term between one year and eight years.

(3) When pronouncing a suspended sentence, the court may also pronounce as a condition that the perpetrator should regularly fulfill his/her obligations of taking care, tutoring and supporting.

Evading Provision of Maintenance Support

Article 238

(1) Whoever evades providing support for another person whom he/she is obliged to support on the basis of a decision of the court, or an effective agreement entered into before another competent body, shall be punished by imprisonment for a term not exceeding one year.

(2) When pronouncing a suspended sentence the court may pronounce as a condition that the perpetrator should regularly pay for the maintenance support and all his/her other due obligations.

(3) If the person committing the act under paragraph 1 of this Article has fulfilled his/her obligation prior to ruling the first-instance judgment, he/she may be released from punishment.