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Criminal Code

as promulgated in the Official Gazette 37/1996 and subsequently amended (Official Gazettes 80/1999, 4/2002, 43/2003, 19/2004, 81/2005, 60/2006 and 73/2006)

General Part

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Chapter III

Section 1: The aim of the punishment, the types of punishments and conditions for pronouncing them

General rules to mete out punishment

Article 39

(1) The court shall mete out a punishment to the offender within the limits prescribed by law for that crime, having in mind the criminal responsibility of the offender, the weight of the crime and the aims of the punishment.

(2) Hereby, the court shall have in mind all the circumstances that have influence upon decreasing or increasing the punishment (extenuating or aggravating circumstances), and especially: the level of criminal responsibility, the motives for the perpetrated crime, the extent of endangerment or damage to the protected goods, the circumstances under which the crime was committed, the contribution of the victim in the perpetration of the crime, the previous life of the offender, his personal circumstances and his behavior after the perpetrated crime, as well as other circumstances that concern the personality of the offender.

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Causing national, racial or religious hate, discord and intolerance

Article 319

(1) A person who by force, mistreatment, endangering the security, ridicule of the national, ethnic or religious symbols, by damaging other people's objects, by desecration of monuments, graves, or in some other manner causes or excites national, racial or religious hate, discord or intolerance, shall be punished with imprisonment of one to five years.

(2) A person, who commits the crime from item 1 by misusing his position or authorization, or if because of these crimes, riots and violence were caused among people, or property damage with a large extent was caused, shall be punished with imprisonment of one to ten years.