Criminal Code of Republika Srpska (2013) (excerpts)

Republika Srpska
Criminal Code RS last amended 2013 (excerpts)


General Principles on the Imposition of Punishments
Article 37
If a criminal offence was perpetrated out of hatred as provided in Article 147, paragraph 25 of this Code, the court shall take it into consideration as an aggravating circumstance, unless the hatred is aggravating form of that criminal offence.

Meaning of terms as used in this code
Article 147
(25) The hate crime is a criminal offence perpetrated due to racial, national, religious or ethnic origin, color, sex or sexual orientation, health or gender identity of a person.

Murder (First Degree Murder)
Article 149

(1)The punishment of imprisonment for a minimum term of ten years or long term imprisonment shall be imposed on a person who:
1) …
2) deprives another person of his life through greed, to commit or cover up another criminal offense, revenge, hatred or for any other base motive

Grievous Bodily Injury
Article 156

(1) Whoever inflicts grievous bodily injury upon another person or gravely impairs his health,
shall be punished by imprisonment for a term of between six months and five years.
(2) Whoever inflicts bodily injury upon another person or impairs his health in such a serious manner that the injured person is endangered, if an important part or organ of his body is destroyed or permanently weakened to a substantial degree, if the injured person’s earning ability has been impaired permanently or if permanent and serious damage to his health or disfigurement takes place or if the offence was perpetrated out of hatred,
shall be punished by imprisonment for a term of between one year and eight years.

Rape
Article 193

(1) Whoever compels another person to sexual intercourse or any other sex act by force or threat of immediate physical attack upon that person or upon someone close to that person,
shall be punished by imprisonment for a term of two to ten years.
(2) If the criminal offence under paragraph 1 of this Article is committed against a juvenile or in a particularly cruel or degrading manner or if at the same time more instances of sexual intercourse are performed by more offenders or if the rape was perpetrated out of hatred or if the criminal offence results in grievous bodily harm or serious effect on health or pregnancy of the female victim,
the offender shall be punished by prison term between three and fifteen years.

Aggravated Theft
Article 232

(1) If a theft is committed:
1) by breaking open or breaking into or breaking of obstacles protecting closed buildings, rooms, strong-boxes, cupboards, safes or other enclosed premises or space;
2) in a particularly dangerous or reckless manner;
3) by a person who is in possession of a weapon or dangerous articles for committing the theft,
4) by a group of people that associated with the intention of committing thefts,
5) by exploiting the situation during a fire, flood, earthquake or a similar calamity,
6) by exploiting the distress or other impaired state of the other person,
7) out of hatred.
the offender shall be punished by imprisonment for a term of between one and eight years.

Aggravated Robbery
Article 233

(1) Whoever, by use of force against another or by threatening an immediate attack against his life or limb, takes personal property belonging to another with the intention of depriving the owner of it and converting it to the use of the taker or some person other than the owner,
shall be punished by imprisonment for a term of between one and ten years.
(2) If, in the course of a criminal offence under paragraph 1 of this article, grievous bodily injury is intentionally inflicted on a person or if the criminal offence was perpetrated out of hatred, or if the robbery is committed by a group or a gang, or if the value of stolen property exceeds 50,000.00 KM,
the offender shall be punished by imprisonment for a term of between five and fifteen years.

Robbery
Article 234

(1) Whoever, disturbed in the act of theft, and with the intention of retaining possession of the stolen property, uses force against another person or threatens immediate attack on his life or limb,
shall be punished by imprisonment for a term of between one and ten years.
(2) If, during the commission of any criminal offence under paragraph 1 of this article, grievous bodily injury is intentionally inflicted on a person or if the criminal offence was perpetrated out of hatred, or if the robbery is committed by a group or a gang, or a weapon or dangerous articles are used during the criminal act or if the value of stolen property exceeds 50,000.00 KM, the offender shall be punished by imprisonment for a term of between five and fifteen years.

Malicious Mischief
Article 249

(1) Whoever damages, destroys or renders unusable any property belonging to another,
shall be punished by a fine or imprisonment for a maximum term of two years.
(2) If the damage resulting from any offence under paragraph 1 of this article exceeds 10,000.00 KM, the offender shall be punished by imprisonment for a term of between six months and five years or if the amount exceeds 50,000.00 KM,
the offender shall be punished by imprisonment for a term of between one year and eight years.
(3) Whoever committees criminal offence under paragraphs 1 and 2 of this Article out of hatred, shall be punished by punishment referred to in paragraph 2 of this Article.
(4) Any criminal offence under paragraph 1 of this article shall be prosecuted on request.

Inciting National, Racial or Religious Hatred, Discord or Hostility
Article 294a

(1) Whosoever incites and inflames national, racial or religious hatred, discord or hostility, or spreads ideas of superiority of one race or nation over another,
shall be punished by a fine or imprisonment for a term of not more than two years.
(2) Whosoever commits an offence under paragraph 1 above by employing duress and torture, jeopardizing the safety of any person, exposing national, ethnic or religious symbols to derision, damaging other people’s belongings, desecrating monuments or graves,
shall be punished by imprisonment for a term of between six months and five years.
(3) Where an offence under paragraphs 1 and 2 above results in riots, violence or any other serious consequence to the co-existence of the constituent peoples and others who live in the Republika Srpska,
the offender shall be punished by imprisonment for a term of between one and eight years.

Causing Public Danger
Article 402

(1) Whoever endangers human life or property of substantial value by fire, flood, explosion, poison or poisonous gas, ionising or radioactive radiation, mechanical force, electricity or other form of energy, or by shooting from firearms or in some other dangerous manner or with some other dangerous means,
shall be punished by imprisonment for a term of between six months and five years.
(2) The punishment under paragraph 1 of this article shall also be imposed on an official or any other responsible person who fails to install proper devices for protection against fire, explosion, flooding, poisonous gases or ionizing or radioactive radiation, electricity or other dangerous agents, or fails to maintain the said devices in a proper condition, or fails to operate them when required, or generally fails to comply with rules or technical regulations on protective measures, and who thereby endangers human life or property on a large scale.
(3) Where any offence under in paragraphs 1 and 2 of this article is committed in a gathering of a large number of people,
the offender shall be punished by imprisonment for a term of between one and eight years.
(4) Whoever commits any offence under paragraphs 1 and 2 of this article through negligence,
shall be punished by imprisonment for a term of maximum three years.
(5) Whoever commits offence under paragraphs 1, 2 and 3 of this Article out of hatred,
shall be punished by imprisonment for a term of one and ten years.