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Selected provisions of the Criminal Code of the Slovak Republic related to the fight against terrorism:

 

 

 

Section 89

 

(28)    A terrorist group shall mean a grouping of at least three persons established for a certain period of time for the purpose of committing the crime of terror or terrorism.

 

 

Section 94

Terrorism

 

(1)      Any person who, with the intention to seriously intimidate the population, to seriously destabilize or destroy the constitutional, political, economic or social order of the country or of an international organization or to force a government of a country or an international organization to do something or to refrain from doing something, threatens to commit or has intentionally committed an particularly serious crime (Section 41 paragraph 2) imperilling the life, health of people or property shall be liable to a term of imprisonment of twelve to fifteen years or to an exceptional sentence of imprisonment or confiscation of property.

(2)      The offender shall be liable to an exceptional sentence of imprisonment and confiscation of property if

a)hecommits the offence referred to in paragraph 1 as a member of a terrorist group,

b)hecommits such an offence in a particularly brutal manner,

c)hecauses through the commission of such an offence serious bodily harm or death of several persons,

d)hecommits such an offence against constitutional officials, persons protected by international law, armed forces, armed security corps or armed corps.

 

Section 185a

Forming, contriving and supporting of a criminal group and terrorist group

(1)Any person, who forms or contrives a criminal group, it is member, is active for it or supports it shall be liable to a term of imprisonment of three to ten years or to confiscation of his property.

(2)Any person who forms or contrives a terrorist group, is its member, is active for it or supports it shall be liable to a term of imprisonment of five years to fifteen years and to confiscation of his property.

 

Section 185b

Special provision concerning effective regret

(1)      Criminal liability for Forming, contriving and supporting of a criminal group and terrorist group (Section 185a) shall become extinct, if the offender wilfully gives information to prosecutor, investigator or to a policy authority about a criminal group or terrorist group and about its activity at the time, if the endangering, which threat of its next activity could be eliminated. The soldier can give such information to the commander or to an executive officer.

(2)      The criminal liability of the offender for other accomplished crime offence which he committed is not touched by the provision of paragraph 1.

 

Section 185c

Special provision of acting an agent in criminal group and terrorist group

(1)      An act which otherwise gives rise to criminal liability referred to in Section 185a performed by an agent for the purposes of reveals of criminal offences and for identifying of the offenders of such offences, by the operating in a criminal group or terrorist group, or that he supports such a group, is not criminal liable, if the agent commits such an offence with the purpose to reveals an offender of a criminal offence in advantage of criminal group or terrorist group.

(2)      The sentence of paragraph 1 is not useable for the offence of forming or contriving of criminal group or terrorist group by the agent.

 

 

Related provisions of Criminal Code of the Slovak Republic:

 

 

       Section 29

Exceptional sentence

 

(2) The court may impose the exceptional sentence of imprisonment over fifteen to twenty-five years only in the case if the level of seriousness of the crime offence is very serious for the society and the possibility to become rehabilitated of the offender is in particular hindered, this shall not apply if the court imposes this exceptional sentence under Section 94 paragraph 2 or under Section 259b paragraph 2.

 

(1)The court may impose a life imprisonment sentence only for offender, which committed the crime offence of murder under Section 219 paragraph 2 or for the offender which through the commission of the crime offence of high treason (Section 91), terror under Sections 93 or 93a paragraph 3,terrorismunder Section 94 paragraph 2, general endangerment under Section 179 paragraph 3, genocide (Section 259) or crime against humanity under Section 259b paragraph 2 intentionally causes death of other by the conditions that

 

a)the level of seriousness of such crime offence is for the society extremely heavy in regard to a particularly heinous manner or for a particularly heinous reason of committing of such crime or has a particularly serious and difficult to remedy consequence

b)the imposition of such sentence is necessary to ensure an effective protection of the society, or

c)theoffender may not be expected to become rehabilitated by means of a term of imprisonment of fifteen to twenty-five years.   

 

Section 67a

 

The expiration of the limitation period does not extinguish criminal liability for

 

a)the offences referred to in Chapter 10 excepting the crime offence under Section 261,

b)the offence of terror (Sections 93 and 93a),terrorism(Section 94), general endangerment (Section 179 paragraphs 2 and 3), murder (Section 219), infliction of bodily harm (Section 221 paragraph 2 letter b), paragraphs 3,4; Section 222), deprivation of personal freedom (Section 231 paragraph 4), restriction of personal freedom (Section 232), abduction to a foreign country (Section 233) and violating house freedom (Section 238 paragraph 2 and 3), if such offences were committed by such circumstances, that their establish a war crime or crime against humanity under provisions of international law,

c)crimeoffence under Section 1 of Act of20 December 1950No. 165 Coll. for Peace protection. 

 

Section 73

Confiscation of a thing

(1)      If the sentence of forfeiture of a thing referred to in Section 55 have not been imposed the court may impose that this thing will be confiscate.

a)ifit belongs to the offender, of whom can not be prosecute or sentence,

b)if it belongs to the offender, the sentencing of who the court waived or to the offender the prosecution of whom was discontinued on grounds stipulated in Section 172 paragraph 2 of the Code of Criminal Procedure or to the offender the prosecution of whom was conditionally discontinued or to the offender the prosecution of whom was terminated on grounds of conciliation acceptance,

c)ifthe circumstances of the case make it reasonable to believe that the thing could be a source forterrorismfunding or

d)ifit requires security of people or of property, eventually other similar general interest, especially if circumstances of case justify assumption, that a thing was acquired by the criminal offence

(2)      The confiscated thing becomes State property