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CRIMINAL CODE

(23 July 1996 with implemented amendments from March 2004)

19. CRIMES AGAINST SEXUAL FREEDOM AND SEXUAL MORALITY

Rape

Article 186

(1) A person who by the use of force or threat to directly attack upon the life or body of another or upon the life or body of someone close to that person, forces him to intercourse, shall be punished with imprisonment of one to ten years.

(2) If because of the crime from item 1 a severe body injury, death or other severe consequences were caused, or the crime was perpetrated by several persons or in an especially cruel and degrading manner, the offender shall be punished with imprisonment of at least four years.

(3) A person that forces another to intercourse with a serious threat that he shall disclose something about this person or about another close to this person, that would harm his honor and reputation, or which would cause some other big evil, shall be punished with imprisonment of six months to five years.

(4) The person who in the cases from items 1, 2 and 3 commits only some other sexual act, shall be punished for the crime from item 1 - with imprisonment of six months to five years, for the crime from item 2 - with imprisonment of one to ten years, and for the crime from item 3 - with imprisonment of three months to three years.

Statutory rape of a helpless person

Article 187

(1) A person, who commits statutory rape over another, misusing the mental illness, mental disorder, helplessness, retarded mental development, or some other state because of which this person is unable to resist, shall be punished with imprisonment of three months to five years.

(2) If because of the crime from item 1 a severe body injury, death or some other severe consequence was caused, or if the crime was perpetrated by several persons in an especially cruel or degrading manner, the offender shall be punished with imprisonment of at least three year.

(3) The person who in the cases from items 1 and 2 commits only some other sexual act, shall be punished for the crime from item 1 - with imprisonment of three months to three years, and for the crime from item 2 - with imprisonment of one to ten years.

Sexual attack upon a child

Article 188

(1) A person who commits statutory rape or some other sexual act upon a child shall be punished with imprisonment of six months to five years.

(2) For the rape of a child or for some other sexual act upon a child, by misusing his mental illness, mental disorder, helplessness, retarded mental development or some other state, because of which the child is incapable of resistance, the offender shall be punished with imprisonment of at least four years.

(3) If the crime from items 1 and 2 is committed by a teacher, educator, adoptive parent, guardian, stepfather, doctor or some other person, by misusing his position or while performing family violence, he shall be punished with imprisonment of at least five years.

(4) If because of the crimes from items 1 and 2 a severe body injury, death or some other severe consequences were caused, or the crime was perpetrated by several persons, or in an especially cruel and degrading manner, the offender shall be punished with imprisonment of at least five years.

Statutory rape with misuse of position

Article 189

(1) A person who by misusing his position induces another, who is subordinated or dependent or with the same objective abuses, intimidates or acts in a way that humiliated the human dignity and the human person in relation to him, to intercourse or to some other sexual, act shall be punished with imprisonment of three months to three years.

(2) A teacher, educator, adoptive parent, guardian, stepfather, doctor or some other person who by misusing his position commits statutory rape or some other sexual act upon a juvenile older than fourteen years of age, who was entrusted to him for study, education, custody or care, shall be punished with imprisonment of one to five years.

Satisfying sexual passions in front of another

Article 190

(1) A person who performs a sexual act in front of another, in a public place, shall be punished with a fine, or with imprisonment of up to one year.

(2) A person who performs a sexual act in front of a child, or who induces a child to perform such an act in front of him or in front of another, shall be punished with a fine, or with imprisonment of up to three years.

Mediation in conducting prostitution

Article 191

(1) A person who recruits, instigates, stimulates or entices another to prostitution, or a person who in any kind of way participates in handing over another to someone for performing prostitution, shall be punished with imprisonment of six months to five years.

(2) A person who because of profit enables another to use sexual services shall be punished with a fine, or with imprisonment of up to one year.

(3) A person who because of profit, by using force or by serious threat to use force, forces or by deceit induces another to give sexual services, shall be punished with imprisonment of six months to five years.

(4) If the crime from items 1, 2 and 3 is committed with a juvenile, the offender shall be punished with imprisonment of six months to five years.

(5) If the crime from items 1, 2 and 3 is committed with a child, the offender shall be punished with imprisonment of one to five years.

(6) A person who organizes the crimes from items 1 to 5 or the activities that this person will commit while performing family violence shall be punished with imprisonment of one to ten years.

Procuring and enabling sexual acts

Article 192

(1) A person who procures a juvenile to sexual acts shall be punished with imprisonment of three months to five years.

(2) A person who enables the performing of sexual acts with a juvenile shall be punished with imprisonment of three months to three years.

Showing pornographic materials to a child

Article 193

(1) A person who sells, shows or by public presentation in some other way makes available pictures, audio-visual or other objects with a pornographic content to a child, or shows him a pornographic performance, shall be punished with a fine, or with imprisonment of up to one year.

(2) If the crime was performed through the public media, the offender shall be punished with a fine, or with imprisonment of up to three years.

(3) The punishment from item 2 shall be applied to a person who abuses a juvenile in the production of audio-visual pictures or other objects with a pornographic content or for pornographic presentations.

(4) The objects from items 1, 2 and 3 shall be confiscated.

Incest

Article 194

(1) A person who commits statutory rape upon a blood relation of the first line or with a brother, respectively sister, shall be punished with a fine, or with imprisonment of up to one year.

(2) A blood relation in the first line or a brother, respectively sister, who commits statutory rape or some other sexual act upon a minor, shall be punished with imprisonment from one to ten years.

(3) If the crime stipulated in paragraph (1) is performed with a minor, the perpetrator shall be sentenced to imprisonment of at least four years.

20. CRIMES AGAINST MARRIAGE, FAMILY AND YOUTH

Bigamy

Article 195

(1) A person who marries even though he is already married shall be punished with imprisonment of three months to three years.

(2) The punishment from item 1 shall apply also to the person that marries a person for whom he knows is already married.

Enabling a marriage that is not allowed

Article 196

An official person who, when performing his official duty, enables a marriage even though he knew of legal obstacles because of which the marriage is prohibited or non-valid, shall be punished with a fine, or with imprisonment of up to three years.

Not paying sustenance

Article 202

(1) A person who, even though he can do so, avoids providing sustenance which was determined based on a court decision come into effect or a settlement, shall be punished with a fine, or with imprisonment of up to one year.

(2) When pronouncing a conditional sentence, the court may order the offender to pay out the matured obligations, and to pay regularly the sustenance in the future.

Violation of family obligations

Article 203

(1) A person who by serious violation of his lawful family obligations, leaves a member of the family in a serious situation, one who cannot take care for himself, shall be punished with imprisonment of three months to three years.

(2) If because of the crime from item 1, the member of the family looses his life, or if his health is seriously damaged, the offender shall be punished with imprisonment of one to five years.

(3) When pronouncing a conditional sentence, the court may order the condemned to orderly fulfill his legal obligations.