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CRIMINAL CODE OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

“Official Gazette” of the Federation of Bosnia and Herzegovina, 36/03

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XVII  CHAPTER   SEVENTEEN

CRIMINAL OFFENCES AGAINST FREEDOM AND RIGHTS OF INDIVIDUALS AND CITIZENS

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Article 179

Unlawful Deprivation of Freedom

(1) Whoever unlawfully imprisons another person, keeps him imprisoned or otherwise restricts his freedom of movement,

shall be punished by a fine or imprisonment for a term not exceeding three years.

(2) If the unlawful deprivation of freedom lasted for more than thirty days, or if it was done in a cruel manner, or if such a treatment of the person who was illegally deprived of freedom caused grave impairment of his health, or if some other serious consequences occurred, the perpetrator

shall be punished by imprisonment for a term between two and eight years.

(3) If the person who has been illegally deprived of freedom lost his life because of the criminal offence referred to in paragraph 1 of this Article, the perpetrator

shall be punished by imprisonment for a term not less than five years.

Article 180

Kidnapping

(1) Whoever unlawfully imprisons another person, keeps him imprisoned or otherwise restricts his freedom of movement in order to force him or somebody else to do, not to do or to bear something,

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

(2) Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article against a child or juvenile, or whoever in order to meet the goal of kidnapping referred to in paragraph 1 of this Article threatens to kill or inflict a serious bodily harm upon the hostage, or if the criminal offence was perpetrated in a group of people or organized group of people, the perpetrator 

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

(3) The perpetrator of the criminal offence referred to in paragraphs 1 and 2 of this Article, who voluntarily releases the hostage before his demand for which he had perpetrated the kidnapping was fulfilled,

may be released from punishment.

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XIX  CHAPTER NINETEEN

CRIMINAL OFFENCES AGAINST SEXUAL FREEDOM AND MORALITY

Article 203

Rape

(1) Whoever coerces another by force or by threat of immediate attack upon his life or limb, or the life or limb of someone close to that person, to sexual intercourse or an equivalent sexual act,

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

(2) Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article in a particularly cruel or humiliating manner or if on the same occasion a number of perpetrators perform a number of acts of sexual intercourse or equivalent sexual acts against the same victim,

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

(3) If, by the criminal offence referred to in paragraph 1 of this Article, the death of the raped person is caused, or serious bodily injury is inflicted on the raped person or his health is severely impaired, or the raped female is left pregnant,

the perpetrator shall be punished by imprisonment for not less than three years.

(4) The punishment referred to in paragraph 2 of this Article shall be imposed on whoever perpetrates the criminal offence referred to in paragraph 1 of this Article out of hatred on the grounds of national or ethnic origin, race, religion, sex or language.

(5) Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article against a juvenile,

shall be punished by imprisonment for not less than three years.

(6) Whoever perpetrates the criminal offence referred to in paragraphs 2, 3 and 4 of this Article against a juvenile,

shall be punished by imprisonment for not less than five years.

(7) If, by the criminal offence referred to in paragraph 2 of this Article, the consequences referred to in paragraph 3 of this Article are caused, the perpetrator

shall be punished by imprisonment for not less than five years.

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Article 206

Forced Sexual Intercourse

Whoever forces another person to sexual intercourse or equivalent sexual act by a serious threat of serious harm,

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

Article 207

Sexual Intercourse with a Child

(1) Whoever performs sexual intercourse or equivalent sexual act on a child,

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

(2) Whoever performs forcible sexual intercourse or equivalent sexual act on a child (Article 203, Rape, paragraph 1) or on a helpless child (Article 204, Sexual Intercourse with a Helpless Person, paragraph 1),

shall be punished by imprisonment for not less than three years.

(3) Whoever performs sexual intercourse or equivalent sexual act on a child by abusing his position (Article 205, Sexual Intercourse by Abuse of Position, paragraph 2),

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

(4) Whoever perpetrates the criminal offence referred to in paragraphs 1 through 3 of this Article in a particularly cruel or humiliating manner or if on the same occasion a number of perpetrators perform a number of acts of sexual intercourse or equivalent sexual acts against the same victim,

shall be punished by imprisonment for not less than five years.

(5) If, by the criminal offence referred to in paragraphs 1 through 3 of this Article, the death of a child is caused, or serious bodily injury is inflicted on a child or his health is seriously impaired, or the female child is left pregnant, the perpetrator

shall be punished by imprisonment for a term not less than five years or by long-term imprisonment.

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Article 210

Pandering

(1) Whoever, for gain, induces, incites or lures another in offering sexual services or in another way enables turning another over to a third person for offering sexual services, or in any way takes part in organizing or managing of sexual services offering,

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

(2) Whoever, for gain, by use of force or by threat to use force or to inflict greater harm, coerces another or by deceit induces another into offering sexual services,

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

(3) The punishment referred to in paragraph 2 of this Article shall be imposed on whoever, for gain, in the manner referred to in paragraph 2 of this Article, by abusing a difficult situation of a person residing in a foreign country, coerces or induces that person into offering sexual services.

(4) Whoever perpetrates the criminal offence referred to in paragraphs 1 and 3 of this Article against a child or juvenile,

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

(5) The fact whether the person who is induced, incited, lured or coerced has already been engaged in prostitution is of no relevance to the perpetration of criminal offence under this Article.

Article 211

Abuse of a Child or Juvenile for Pornography

(1) Whoever photographs or films a child or juvenile with an aim of developing photographs, audio-visual tapes or other pornographic materials, or possesses or imports or sells or deals in or projects such material, or induces such persons to play in pornographic shows,

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

(2) Items meant or used for the perpetration of criminal offence referred to in paragraph 1 of this Article shall be forfeited and the items produced by the perpetration of criminal offence referred to in paragraph 1 shall be forfeited and destroyed.

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