Introduction

To facilitate the administration of Justice through the various court structures (High Court), the provision of legal services to His Royal Majesty and the Government of Gotzborg, registration and protection of intellectual property rights, real rights, and vital events, and the prevention of corruption. The High Court of the Realm has superior and unlimited jurisdiction as it may be prescribed by or under only the law of the Kingdom of Gotzborg.

Judicial Structure

Judicial Establishment Act 2004

Lord Justices' Chambers

The Lord Justices of the High Court will oversee the implication of Gotzborg Constitutional Law, and will assist the Royal Family, and the government, in all matters pertaining to law. At any given time, the Head of State may choose to appoint a competent person to head any of the Divisions within the High Court of the Realm. Should the Lord Justices select an individual, the approval from the Head of State must be met. In addition to the duties as chief judges of the Realm, the Lord Justices will also supervise the following:

Arms of the Lord Justice of the Crown	Arms of the Lord Justice of the People

Division of Legal and Constitutional Affairs

Responsible within the government for upholding justice, rights and democracy. Headed by the Chancellor of the High Court

• Provide effective and accessible justice for all citizens
• Ensure citizens’ rights and responsibilities
• Enhance democratic freedoms by modernizing the law
• Provide proper and competent defense for citizens otherwise unable to attain representation

Civil Litigation Division

Includes all disputes that are formally submitted to the High Court, about any subject in which one party is claimed to have committed a wrong, but not a crime. Headed by the Solicitor-General of the High Court

• Provide accessible means for litigation for all citizens
• Allow for quick and thorough judgment of cases
• Enforce rulings with applicable punishments in the event of failure to comply with judgment

Legal Opinions and Agreements

Provides counsel to the Royal Family and the Government, on matters pertaining to domestic and international law. Titled the King’s Councilor.

• Be mindful and inform the Royal Family of any possible legal concerns
• Advise the Head of State, and Government in matters pertaining to international Treaties

Legislative Drafting

Advised and assists the Chamber of Deputies, and its committees and Members, in the achievement of a clear, faithful, and coherent expression of legislative policies. Headed by the Chief Legislative Counsel.

• Assist in the authorship of bills and amendments to ensure compliance with Constitutional Law
• Negotiating and Drafting of all Legal instruments including Treaties

Conveyancing

Draws deeds, leases, or other writings, for transferring the title to property from one person to another. Headed by the Registrar-General.

• Registration of Intellectual Property Law Matters
• Registration of companies
• Act as Master of Deeds

Human Rights Promotion and Protection

Undertakes studies, and makes recommendations concerning the prevention of discrimination of any kind relating to human rights and fundamental freedoms and the protection of racial, national, religious and linguistic minorities. Headed by the Royal Advocate.

Public Prosecutions

Prosecutes criminal cases in the High Court of the Realm. Headed by the Prosecutor-General.

• provide on behalf of His Majesty the King of Gotzborg a prosecution service which is independent, fair and effective
• decide whether or not to prosecute an individual for an alleged commission of a criminal offence
• drafting or settling of documents necessary for requests for extradition into the state.

Law Reform and Development Commission

Focuses on areas of law which are unsatisfactory and in need of simplification or reform, because of the way in which they affect members of the public in their work and in their private lives. Lord Justice of the Crown heads this Division, and, with Royal approval, may appoint Commissioners. Areas of concern will include:

• Criminal Law and Evidence
• Public Law
• Property Law
• Commercial and Common Law

Appellate Division

Responsible for adjudicating the challenged judgments previously passed by the Lord Justices. The position of Justice to the Appellate Division will remain vacant until needed, at which time the Head of State will make the temporary appointment. The Justice of the Appellate Division must be a qualified and legal citizen of Gotzborg, of good moral and social standing, and whose appointment will not be seen as a conflict of interest. Headed by Deputy Justice for Appeals.

Training and Grooming of Law Officers

A training program will be established for the sole purpose of instructing citizens on the basics of law and jurisprudence. The goal of this program shall be to produce qualified Law Officers for service to the Crown and People of Gotzborg. Training and education in legal matters is vested in the King Charles II School of Law.

Code of Law

GENERAL PART

CHAPTER 1 - INTRODUCTORY PROVISIONS
CHAPTER 2 - CRIMINAL CONDUCT AND CRIMINAL LIABILITY
CHAPTER 3 - PUNISHMENTS
CHAPTER 4 - SUSPENDED SENTENCE AND JUDICIAL ADMONITION
CHAPTER 5 - SECURITY MEASURES
CHAPTER 6 - GENERAL RULES RELATING TO EDUCATIONAL MEASURES
CHAPTER 7 - APPROPRIATION OF MATERIAL GAIN ACQUIRED BY THE COMMISSION OF A CRIMINAL ACT
CHAPTER 8 - LEGAL CONSEQUENCES INCIDENT TO CONVICTION
CHAPTER 9 - REHABILITATION, EXTINCTION OF PUNISHMENT AND CONDITIONS FOR RELEASING INFORMATION FROM THE CRIMINAL RECORDS
CHAPTER 10 - BAR BY LAPSE OF TIME
CHAPTER 11 - AMNESTY AND PARDON
CHAPTER 12 - APPLICABILITY OF GOTZBORG CRIMINAL LAW WITH RESPECT TO THE PLACE OF THE COMMISSION OF A CRIMINAL ACT
CHAPTER 13 - MEANING OF STATUTORY TERMS

SPECIAL PART

CHAPTER 14 - CRIMINAL ACTS AGAINST THE BASES OF SYSTEM AND SECURITY OF RKG
CHAPTER 15 - CRIMINAL ACTS AGAINST HUMANITY AND INTERNATIONAL LAW
CHAPTER 16 - CRIMINAL ACTS AGAINST THE REPUTATION OF THE RKG, OR A FOREIGN COUNTRY
CHAPTER 17 - CRIMINAL ACTS AGAINST THE ECONOMY AND UNITY OF THE GOTZBORG MARKET
CHAPTER 18 - CRIMINAL ACTS AGAINST OFFICIAL DUTY OF THE OFFICIALS IN GOVERNMENT BODIES
CHAPTER 19 - CRIMINAL ACTS AGAINST THE ARMED FORCES OF THE RKG
CHAPTER 20 -  SPECIAL PRIVILEGES OF THE SOVEREIGN RULER OF RKG
CHAPTER 21 - FINAL PROVISIONS

(Note: Throughout this code, “RKG” is set in place of “Royal Kingdom of Gotzborg”)

GENERAL PART

Chapter One

INTRODUCTORY PROVISIONS


Protective function of the Gotzborg criminal code

Article 1.

(1) The Criminal Code of the RKG protects against violence, arbitrariness, exploitation, counter-revolutionary activities, violations of the constitution and law, and against other socially dangerous deeds; basic rights and freedoms of the persons and the citizens, their socio-economic position, the independence and security of the country, brotherhood and unity and equality among nations and nationalities, as well as the legal system established by the Constitution.

(2) This protection is effected by determining which socially dangerous deeds shall be considered criminal acts, by prescribing punishments and other criminal sanctions for these acts, and by applying sanctions to perpetrators of criminal acts through a procedure regulated by provided law.



The basis and limits of criminal justice compulsion

Article 2.

The protection of man and other basic values of our society and the application of criminal justice compulsion, and to the extent necessary to suppress socially dangerous activities, represent the basis and limits for deciding on criminal acts and imposing criminal sanctions.

Lawfulness in the determination of criminal acts and imposition of criminal sanctions

Article 3.

No punishment or other criminal sanction may be imposed on anyone for an act which, prior to being committed, was not defined by law as a criminal act, and for which a punishment has not been prescribed by statute.


Mandatory application of a less severe criminal law

Article 4.

(1) The law that was in power at the time when a criminal act was committed shall be applied to the person who has committed the criminal act.

(2) If the law has been altered one or more times after the criminal act was committed, the law which is less severe in relation to the offender shall be applied.


Criminal sanctions and their general purpose

Article 5.

(1) Criminal sanctions are: punishments, conditional sentence and court reprimand, security measures and corrective measures.

(2) The general purpose of drafting and imposing the criminal sanctions is to suppress the socially dangerous activities which violate or jeopardize the values protected by the criminal code.


Restrictions on the execution of the criminal sanctions

Article 6.

In the course of the execution of a criminal sanction,certain rights of a person who has committed a criminal act may be removed or restricted only to the extent which suits the nature and the content of the sanction, and only in a way which provides for the respect of the offender's personality and his human dignity.


Effectiveness of the General Part

Article 7.

Provisions of the General Part of this Code are applicable to all criminal acts defined in the laws of the RKG.


Chapter Two

CRIMINAL CONDUCT AND CRIMINAL LIABILITY


Criminal act

Article 8.

(1) A criminal act is a socially dangerous act which is defined by law as a criminal act, the
characteristics of which are defined by law.

(2) An act which, although containing characteristics of a criminal act defined by law, represents an insignificant social danger because of its slight importance and the insignificance or absence of detrimental consequences, shall not be considered a criminal act.


Criminal liability

Article 9.

(1) An offender is considered criminally liable if he is responsible and if he has committed a criminal act with premeditation or by negligence.

(2) An offender is criminally liable for a criminal act committed negligently insofar as the act in question is punishable by law.


Responsibility

Article 10.

(1) A person who committed a criminal act is not considered responsible if at the time of the commission of a criminal act he was incapable of understanding the significance of his act or control his conduct due to a lasting or temporary mental disease, temporary mental disturbance, or mental retardation (no responsibility).

(2) If due to one of the states referred to in paragraph 1 of this article, the capacity of the offender to understand the significance of his act or his ability to control his conduct was substantially reduced, the court may impose a reduced punishment on him. (materially reduced responsibility).

(3) The offender shall be criminally liable if, by indulgence in alcohol, drugs or in some other way, he has placed himself in a state in which he has not been capable of understanding the importance of his actions or controlling his conduct, and if prior to his placing himself in such a state, the act was premeditated or if he was negligent in relation to the criminal act, insofar as the act in question is punishable by law if committed negligently.


Premeditation

Article 11.

A criminal act is premeditated if the offender is conscious of his deed and wants its commission; or when he is conscious that a prohibited consequence might result from his act or omission and consents to its occurring.


Negligence

Article 12.

A criminal act is committed negligently when the offender is conscious that a prohibited
consequence may occur but carelessly assumes that it will not occur or that he will be able to avert it;

or when he was unaware of the possibility that a prohibited consequence might occur although, under the circumstances and by his personal characteristics, he should and could have been aware of this possibility.


Liability for a graver consequence

Article 13.

When a graver consequence has resulted from a criminal act for which a more severe punishment is prescribed by statute, this more severe punishment may be imposed if the consequence is attributable to the offender's negligence.


Mistake of fact

Article 14.

(1) A person is not criminally responsible if at the time of committing a criminal act he was not aware of some statutory element of it; or if he mistakenly believed that circumstances existed which, if they had actually existed, would render such conduct permissible.

(2) If the offender's mistake is due to his negligence, he shall be criminally responsible for a criminal act committed by negligence, insofar as the act in question is punishable by law if committed by negligence.


Legal mistake

Article 15.

The court may reduce the punishment of the perpetrator of a criminal act who had justifiable cause for not knowing that his conduct was prohibited, and it may also grant remission of punishment.


Preparation

Article 16.

(1) A person who prepares to commit a criminal act with premeditation shall be punished insofar as the act in question is punishable by law for the particular social danger of the preparation alone.

(2) Preparation of a criminal act may be defined by law as a separate criminal act, or the law may provide punishment for the preparation of a particular criminal act.

(3) When the law prescribes a punishment for the preparation of a particular criminal act, the preparation may comprise procuring or making operational means for the commission of the criminal act, removing obstacles to the commission of the criminal act, planning or organizing with others the commission of a criminal act, as well as other activities which create conditions for the direct commission of a criminal act and which are not part of the commission itself.


Attempt

Article 17.

(1) Anybody who with intent commenced the execution of a criminal act but has not completed it, shall be punished for the attempt of only those criminal acts for which there is according to statute a sentence of five months imprisonment or a more severe penalty. With regard to other criminal acts attempt is punishable only when so provided by statute.

(2) For an attempted criminal act the court may reduce the punishment provided for the completed criminal act.


Inappropriate attempt

Article 18.

If a person tries to commit a criminal act by inappropriate means or against an inappropriate object the court may refrain from imposing a punishment on him.


Voluntary abandonment of attempt

Article 19.

(1) The court may refrain from imposing a punishment on an offender who has been preparing or has attempted to commit a criminal act, but has voluntarily desisted from its completion.

(2) In the event of voluntary desisting from the completion of a criminal act the offender is punishable for those acts which constitute another independent criminal act.


Complicity

Article 20.

If several persons jointly commit a criminal act by participating in the act of commission or in some other way, each of them shall be punished as prescribed for the act.


Incitement

Article 21.

(1) Anybody who intentionally incites another to commit a criminal act shall be punished as if he himself has committed it.

(2) Anybody who intentionally incites another to commit a criminal act for which five months imprisonment or a more severe punishment is laid down by statute, and the act is never even attempted, shall be punished in accordance with the provisions applicable to attempt.


Aiding

Article 22.

(1) Anybody who intentionally aids another in the commission of a criminal act shall be punished as if he himself had committed it, but his punishment may also be reduced.

(2) The following, in particular, shall be considered as aiding: the giving of instructions or counselling about how to commit a criminal act, the supply of tools and resources for the crime, the removal of obstacles to the commission of a crime, as well as the promise, prior to the commission of the act, to conceal the existence of the criminal act, the means to commit the crime, its traces, or goods gained through the commission of a criminal act.


The limits of responsibility and punishability of accomplices, inciters and aiders

Article 23.

(1)The co-perpetrator shall be criminally responsible within the limits set by his own intention or negligence, and the inciter and the aider -- within the limits of their own intention.

(2) The court may refrain from imposing a punishment on the co-perpetrator, inciter or aider who voluntarily prevented the commission of a criminal act. This also applies to cases of the preparation of a criminal act, regardless of whether the law defines it as an independent criminal act or of whether the law provides for punishment for the preparation of a certain criminal act (Article 16, paragraph 2).

(3) The personal relations, characteristics and circumstances to which the statute attaches the exclusion of criminal responsibility, or by reason of which it permits or provides for the remission of punishment, its reduction or aggravation, are applicable only to such principals, perpetrators, co-perpetrators, inciters or aiders in whom these relations, characteristics and circumstances inhere.


Criminal responsibility and punishability of the organizers of criminal associations

Article 24.

Anybody creating or making use of an organization, gang, cabal, group or any other association for the purpose of committing criminal acts is criminally responsible for all criminal acts resulting from the criminal design of these associations and shall be punished as if he himself has committed them, irrespective of whether and in what manner he himself directly participated in the commission of any of those acts.


Criminal responsibility of editor in chief

Article 25.

(1) An editor in chief, or a person replacing him at the time of broadcasting an information, is criminally responsible for criminal acts committed through Forums or some other occasional press publication if

1) the author remained unknown by the completion of the main proceedings before a first instance court;

2) the information was published without the author's consent;

3) there were actual or legal obstacles to the prosecution of the author at the time of the broadcasting of the information, and if they still last.

(2) An editor in chief or a person replacing him is not criminally responsible if he had justifiable cause for not knowing of some of the circumstances mentioned in items 1 to 3 of paragraph 1 of this article.


Criminal responsibility of publisher

Article 26.

(1) If conditions referred to in article 25 of this law exist, the following are criminally responsible:

1) a publisher - for a criminal act committed through regular press publication, and - if there is no publisher or if there are actual or legal obstacles to his prosecution - the type-setter who had the knowledge of it;

(2) If a publisher is a legal person or a state organ, the person who is in charge of publishing, printing and production is criminally responsible.


Application of general provisions concerning criminal responsibility

Article 27.

Provisions on the criminal responsibility of the persons referred to in articles 25 and 26 of this law are applicable only if those persons are not criminally responsible under general provisions concerning criminal responsibility defined in this law.


The mode of commission of a criminal act

Article 28.

(1) A criminal act may be committed by a positive act or by an omission.

(2) A criminal act is committed by omission if the offender abstained from performing an act which he was obligated to perform.


The time of commission of a criminal act

Article 29.

A criminal act is committed at the time when the offender was acting or was under the duty to act, irrespective of when the consequence occurred.


The place of commission of a criminal act

Article 30.

(1) A criminal act is committed both in the place where the offender was acting or was obligated to act and in the place where the consequence occurred.

(2) Preparation and attempt to commit a criminal act are considered committed both in the place where the offender was acting and in the place where the consequence was to have occurred according to his intention.


Chapter Three

PUNISHMENTS


Purpose of punishment

Article 31.

The purpose of punishment in the framework of the general purpose of criminal sanctions (art 5, para 2) is:

1) preventing the offender from committing criminal acts and his rehabilitation;

2) rehabilitative influence on others not to commit criminal acts;

3) strengthening the moral fibre of our society and influence on the development of citizens' social responsibility and discipline.


Types of punishment

Article 32.

The following punishments may be imposed on the perpetrators of criminal acts:

1) capital punishment;

2) imprisonment;

3) fine;

4) confiscation of property.


Principal and accessory punishments

Article 33.

(1) Capital punishment and imprisonment may be imposed only as principal punishments.

(2) A fine may be imposed both as a principal and as an accessory punishment.

(3) The punishment of confiscation of property may only be imposed as an accessory punishment.

(4) If several punishments are prescribed for a criminal act, only one of them may be imposed as a principal punishment.

(5) A fine may not be imposed together with the punishment of confiscation of property.


Legality in the imposition of punishments

Article 34.

(1) Punishments provided by the present Code may only be imposed if respectively prescribed for a given criminal act. The court may increase or reduce the punishment provided for an offence only subject to the conditions laid down by the present Code.

(2) For criminal acts committed with the intention of acquiring gain, a fine may be imposed as an accessory punishment even when the same is not specifically prescribed by statute. For such criminal acts a fine may be imposed as an accessory punishment also in cases where imprisonment or a fine are laid down as alternatives and the court has decided to impose the punishment of imprisonment as the principal penalty.


Capital punishment

Article 35.

(1) The death penalty may not be imposed as the only principal punishment for a certain criminal act.

(2) The death penalty may be imposed only for the most serious criminal acts when so provided by the statute.

(3) The death penalty may not be imposed on a person who was not aged 18 or over at the time of the commission of a criminal act.

(4) The death penalty may be imposed on an adult person who was under 21 years of age at the time of the commission of a criminal act, under conditions referred to in paragraph 2 of this article, only for criminal acts committed against the bases of our system and security of the RKG, for criminal acts against humanity and international law, and for criminal acts against the armed forces of the RKG.

(5) The death penalty shall be executed by permanent banning of the offender's IP address from all Forums, activities, and other forms of communication with RKG and its citizens.


Imprisonment

Article 36.

(Note: For this Article, the term "imprisonment" applies to the temporary banning of the offender's IP address from all Forums, activities, and other forms of communication with RKG and its citizens)

(1) The punishment of imprisonment may not be shorter than 15 days nor longer than 12 months.

(2) The court may impose a punishment of imprisonment for a term of 24 months for criminal acts eligible for the death penalty.

(3) For criminal acts committed with intent for which the punishment of twelve months imprisonment may be imposed under statute, and which were perpetrated under particularly aggravating circumstances or caused especially grave consequences, a punishment of imprisonment for a term of 24 months may be imposed when so provided by statute.

(4) The punishment of imprisonment is imposed in full days and months.

(5) A convicted person who has served half of his term of imprisonment, and exceptionally a convicted person who has served a third of his term, may be exempted from serving the rest of his term on the condition that he does not commit a new criminal act by the end of the period encompassed by his sentence (parole).


Fine

Article 37.

(1) A fine may not amount to less than 500 Thalers. A fine may be imposed up to the amount of 50,000 Thalers, and for criminal acts committed out of greed up to the amount of 200,000 Thalers.

(2) The judgement shall determine the period of grace for the payment of the fine, which period may not be less than 15 days nor more than three months, but in cases which warrant such a decision the court may permit the convicted person to pay the fine in instalments, providing that the time-limit for the payment may not exceed the period of 24 months.

(3) If a fine cannot be collected by coercion, a court shall carry out the execution of this punishment by ordering a day of imprisonment for each 100 Thalers of the fine, providing that the term of imprisonment may not exceed twelve months.

(4) If a convicted person pays only a part of his fine, the rest shall accordingly be converted to imprisonment, and if the convicted person pays the rest of the fine, the execution of the imprisonment shall be cancelled.


The punishment of confiscation of property

Article 38.

(1) The punishment of confiscation of property consists of the seizure within limits provided by statute and without indemnity of the property of the convicted person.

(2) The punishment of confiscation of property may be imposed only for the criminal acts for which it is expressly prescribed, and when a punishment of imprisonment for a term of at least three months has been imposed on the offender.


General principles in fixing punishment

Article 39.

(1) The court shall fix the punishment for a criminal act within the limits provided by statute for such an act, taking into account all the circumstances bearing on the magnitude of punishment (extenuating and aggravating circumstances), and, in particular, the degree of criminal responsibility, the motives from which the act was committed, the degree of danger or injury to the protected object, the circumstances in which the act was committed, the past conduct of the offender, his personal situation and his conduct after the commission of the criminal act, as well as other circumstances relating to the personality of the offender.

(2) In deciding upon the punishment the court shall take into special consideration whether the most recent offence is of the same type as a previous one, whether both acts were committed from the same motive, and it will also consider the period of time which has elapsed since the previous conviction was pronounced, or since the punishment has been served or pardoned.

(3) In fixing a fine the court shall take into consideration the situation of the offender in terms of property, bearing in mind the amount of his salary, his other income, his assets and his personal obligations.


Reduction of punishment

Article 40.

The court may set the punishment below the limit prescribed by statute, or impose a milder type of punishment;

1) when provided by statute that the offender's punishment may be reduced;

2) when it finds that such extenuating circumstances exist which indicate that the aims of punishment can be attained by a lesser punishment.


Mode of reducing punishments

Article 41.

(1) When there are conditions for the reduction of punishment referred to in Article 40 of this law, the court shall reduce the punishment within the following limits:

1) if a period of three months' imprisonment is prescribed as the lowest limit for the punishment for a criminal act, it may be reduced for a period not exceeding one month of imprisonment;

2) if a period of two months' imprisonment is prescribed as the lowest limit for the punishment for a criminal act, it may be reduced for a period not exceeding fifteen days of imprisonment;

3) if a period of imprisonment of one month is prescribed as the lowest limit for the punishment for a criminal act, it may be reduced for a period not exceeding three days of imprisonment;

4) if a period of imprisonment not exceeding one month is prescribed as the lowest limit for the punishment for a criminal act, it may be reduced to a period not exceeding 1 day of imprisonment;

5) if the punishment of imprisonment is prescribed for a criminal act without indication of the lowest limit, the court may impose a fine in lieu of imprisonment;

6) if a fine is prescribed as the lowest limit for the punishment for a criminal act, it may be reduced for an amount not exceeding 500 Thalers.

(2) In deciding on the extent of the reduction of punishment under the rules set forth in paragraph 1 of this article, the court shall take into special consideration the smallest and the biggest punishment prescribed for the particular criminal act.


Remission of punishment

Article 42.

(1) The court may refrain from imposing a punishment on a person who has committed a criminal act only when so provided by statute.

(2) Where the court is authorized to refrain from imposing a punishment on a person who has committed a criminal act, it may also reduce the punishment regardless of the limitations prescribed for the mode of reduction of punishment.


Special condition for the relief of punishment

Article 43.

The court may refrain from imposing a punishment on a person who has committed a criminal act by negligence when the consequences of the act committed affect the offender so severely that imposing a punishment in such a case would manifestly not serve the purpose of the punishment.


Determination of punishment in the case of habitual delinquency

Article 44.

(1) For a criminal act committed with premeditation for which the law provides the punishment of imprisonment, the court may impose a more severe punishment than the one prescribed by statute in the following cases:

1) if the offender has been sentenced to imprisonment for a term exceeding one month at least twice before, and if he still demonstrates a propensity toward continuing to commit criminal acts;

2) if a period of five months has not expired between the day when the offender was released after serving his previous sentence and the day when he committed the most recent criminal act.

(2) The more severe punishment must not exceed double the amount of the prescribed punishment of imprisonment, and must not exceed a period of thirty-six months.

(3) In considering whether to impose the more severe punishment the court shall take special account of the similarity among the criminal acts committed, the motives from which they were committed, as well as the need that such a punishment be imposed for the sake of attaining the aim of punishment.


Especially grave cases

Article 45.

When more severe punishment is provided by statute for an especially grave case of some criminal act, such punishment shall be imposed by the court if the act poses social danger because:

1) the offender has shown a particular determination, persistence or ruthlessness in committing the act;

2) the act has caused particularly grave consequences or has been committed under other, especially aggravating circumstances.


Combination of criminal acts

Article 46.

(1) If an offender by one deed or several deeds has committed several criminal acts, and if he is tried for all of the acts at the same time (none of which has yet been adjudicated), the court shall first assess the punishment for each of the acts, and then proceed with the determination of the integrated punishment (compounded sentence) for all the acts taken together.

(2) The court shall impose the integrated punishment by the following rules:

1) if capital punishment has been inflicted by the court for one of the combined criminal acts, it shall pronounce that punishment only;

2) if the court has decided upon a punishment of 24 months' imprisonment for one of the combined criminal acts, it shall impose that punishment only;

3) if the court has decided upon punishments of imprisonment for the combined criminal acts, the integrated punishment shall consist of an aggravation of the most severe punishment assessed, but the aggravated punishment may not be as high as the total of all incurred punishments, and may not exceed a period of 12 months' imprisonment;

4) if for the combined criminal acts several punishments of imprisonment have been decided upon which taken together do not exceed three months, the integrated punishment may not exceed a period of eight  months of imprisonment;

5) if fines have been determined by the court for the combined criminal acts, the court shall increase the highest fine determined, but it may neither exceed the total of all punishments decided upon nor 50,000 Thalers, that is to say 200,000 Thalers when one or more of the criminal acts have been committed for the purpose of obtaining gain;

6) if the court has fixed punishments of imprisonment for some of the combined criminal acts, and fines for others, it shall impose one punishment of imprisonment and one fine under provisions set forth in items 3 to 5 of this paragraph.

(3) The court shall impose an accessory punishment if it is prescribed for any one of the combined criminal acts, and if it has decided upon several fines it shall impose one compound fine under provisions set forth in item 5, paragraph 2 of this article.


Deciding upon punishment of convicted persons

Article 47.

(1) If a convicted person is tried for a criminal act committed before he commenced serving his previous sentence, or for a criminal act he committed while serving a sentence of imprisonment, the court shall impose a compounded punishment for all the criminal acts by applying provisions set forth in article 46 of this code, taking the punishment from the earlier sentence as an already fixed punishment. The sentence or part of the sentence which the convicted person had served shall be credited towards the imposed sentence of imprisonment.

(2) For criminal acts committed in the course of serving a sentence of imprisonment, the court shall determine the offender's punishment independently of the punishment for the earlier sentence, if by applying the provisions set forth in Article 46 of this code the aims of punishment could not be realized due to the short term left to serve from the previous sentence.

(3) If a convicted person, while serving a sentence of imprisonment commits a criminal act for which a fine or punishment of up to one month of imprisonment is prescribed by statute, he shall be punished disciplinarily.


Credit for a period spent in custody and credit for punishment under an earlier sentence

Article 48.

(1) The period of time spent in custody awaiting trial, as well as each deprivation of freedom relating to a criminal act, shall be counted as part of the sentence of imprisonment, or a fine.

(2) The part of punishment served under an earlier sentence or paid under an earlier fine for a minor offense or economic violation, as well as the punishment or disciplinary measure of the deprivation of liberty which a person has served because of violation of military discipline shall also be counted as part of the new sentence imposed for a criminal act whose characteristics encompass the characteristics of a minor offense, economic violation or violation of military discipline

(3) In counting the credit, one day spent in custody awaiting trial, one day of deprivation of freedom, one day of imprisonment and a fine of 100 Thalers shall be deemed equal.


Chapter Four

SUSPENDED SENTENCE AND JUDICIAL ADMONITION


Purpose of a suspended sentence and judicial admonition


Article 49.

Within the general purpose of criminal sanctions (Article 5, paragraph 2), the purpose of a suspended sentence and judicial admonition is that punishment for socially less dangerous acts not be imposed on a criminally liable offender when it is not necessary for the criminal justice protection, and when it can be expected that an admonition with a threat of punishment (suspended sentence) or the admonition alone will influence the offender enough to deter him from committing criminal acts.


Suspended sentence

Article 50.

(1) In imposing a suspended sentence, the court imposes a punishment on a person who committed a criminal act and at the same time it orders that the sentence shall not be carried out if the convicted person does not commit another criminal act for a period of time lasting for not less than one month nor more than five months, (testing period).

(2) Within a suspended sentence, a court may order that the sentence shall be carried out if within a certain time-limit the convicted person fails to restore the material gain acquired through the commission of the criminal act, or if he fails to compensate the damage occasioned through the commission of the criminal act, or fails to fulfill further obligations provided for in criminal justice regulations. The court shall determine a time-limit for the fulfillment of these obligations within the framework of a certain testing period.

(3) Security measures, ordered alongside a suspended sentence, shall be executed.


Conditions for imposing a suspended sentence

Article 51.

(1) A suspended sentence may be imposed when an offender has been sentenced to imprisonment for a term not exceeding two months or to a fine.

(2) The court may impose a suspended sentence for criminal acts which are eligible for a sentence of imprisonment for a term of 10 months or a more severe punishment, only if the sentence referred to in paragraph 1 of this article has been imposed by the reduction of the sentence prescribed by the law (Article 40).

(3) The suspended sentence cannot be imposed for criminal acts for which even after a reduction of the sentence a punishment of less then one months' imprisonment cannot be imposed.

(4) In deciding whether to impose a suspended sentence, the court shall, taking into account the purpose of the suspended sentence, take into special consideration the personality of the offender, his conduct in the past, his conduct after the commission of the criminal act, the degree of criminal liability and other circumstances in which the act has been committed.

(5) If the offender has been sentenced to both imprisonment and a fine, the suspended sentence may be imposed either for the both sentences or just for the sentence of imprisonment.


Revocation of suspended sentence due to a new criminal act

Article 52.

(1) The court shall revoke the suspended sentence if the convicted person committed one or more criminal acts during the testing period, for which the law provides imprisonment for a term of or exceeding two months.

(2) If the convicted person commits one or more criminal acts during the testing period for which the law has set a punishment of imprisonment for a term not exceeding two months or a fine, the court shall decide, upon consideration of all circumstances relating to the criminal acts committed as well as to the offender, especially the possible similar nature of the acts committed, their significance and motives from which they have been committed, whether to revoke the suspended sentence or not. In making such a decision, the court is limited by the ban on imposing a suspended sentence if a
sentence of imprisonment for a term exceeding two months (Article 51, paragraph 1) needs to be imposed on the offender for the suspended sentence and for new criminal acts.

(3) In the event of revocation of the suspended sentence, the court shall impose one aggregate punishment both for the previously committed and the new criminal act, pursuant to the provisions of Article 46 of this code, taking the punishment from the revoked suspended sentence as an already fixed punishment.

(4) In the event that the court does not revoke a suspended sentence, then it may impose a suspended sentence or a sentence of imprisonment for a newly-committed criminal act. If the court decides that a suspended sentence should be imposed for the newly-committed criminal act as well, then by applying provisions set forth in Article 46 of this code, the court shall impose one aggregate sentence both for the previously committed and the new criminal act and it shall also determine an aggregate testing period which may not be shorter than one month nor longer than five months, commencing with the day the judgment becomes final. If the court imposes a  punishment of imprisonment for the new criminal act, the period of time spent serving such a term of imprisonment shall not be deducted from the testing period established by the suspended sentence for the previously committed act.


Revocation of suspended sentence due to previously committed criminal act

Article 53.

(1) The court shall revoke a suspended sentence when after it has been imposed, it becomes known that the offender had committed a criminal act prior to the imposition of the suspended sentence, and if it is felt by the court that grounds would have been lacking for the imposition of a suspended sentence had the existence of that offence been known. In such a case, the provision set forth in Article 52, paragraph 3 of this law shall be applied.

(2) If the court does not repeal a suspended sentence, it shall apply the provision set forth in Article 52, paragraph 4 of this law.


Revocation of suspended sentence due to failure to discharge particular obligations

Article 54.

If a suspended sentence is further conditioned by the performance of a certain obligation referred to in Article 52, paragraph 2 of this law, and if the offender fails to discharge that obligation within the determined time-limit, the court may, within the testing period, extend the time-limit for the performance of the obligation or may revoke the suspended sentence and carry out the punishment which is set forth by the suspended sentence. If the court is of the opinion that for the objective reasons the convicted person is incapable of discharging the obligation, it shall remit the performance of that obligation or replace it with another adequate obligation provided in law.


Time-limit for the revocation of the suspended sentence

Article 55.

(1) A suspended sentence may be revoked within a testing period. If a convicted person commits a criminal act entailing revocation of the suspended sentence during this period, but it is established by judgment only after the expiration of the testing period, the suspended sentence may be revoked at the latest one month after the testing period has expired.

(2) If a convicted person fails to fulfill a certain obligation defined under Article 50, paragraph 2 of this law within the determined time-limit, the court may revoke the suspended sentence not later than one month after the expiration of the testing period, and order that a punishment imposed in the suspended sentence be carried out.


Suspended sentence with protective supervision

Article 56.

(1) Under conditions set forth in the laws RKG, the court may order that an offender who has been subject to a suspended sentence be put under protective supervision for a certain period of time during the testing period.

(2) Protective supervision encompasses measures of assistance, care, supervision and protection provided for in statute.  This includes, but is not limited to, court approval of Forum messages.

(3) If during protective supervision the court establishes that the purpose of the sentence has been attained, it may terminate the protective supervision even before the expiration of a certain period.

(4) If a convicted person who has been ordered to have protective supervision does not fulfill obligations imposed on him by the court, the court may warn him or may replace earlier obligations with others or extend the protective supervision in the framework of the testing period, or may revoke the suspended sentence.

(5) A court may order protective supervision against an offender who has been subject to a suspended sentence for a criminal act defined in the federal law, if the sentence is provided for in the law.


Judicial admonition

Article 57.

(1) Judicial admonition may be administered for criminal acts for which a punishment of
imprisonment of up to one month or a fine has been prescribed, if they have been committed under such extenuating circumstances which render them particularly minor.

(2) Judicial admonition may be administered for certain criminal acts under conditions provided by statute even in cases for which a punishment of imprisonment for a term not exceeding three months has been prescribed.

(3) Given the conditions numerated in paragraphs 1 and 2 of this article, the court may administer judicial admonition for several criminal acts committed together..

(4) In deciding whether to administer judicial admonition, the court shall, taking into account the purpose of judicial admonition, give special consideration to the personality of the offender, his past conduct, his conduct after the commission of the criminal act, the level of criminal liability and other circumstances in which the act has been committed.

(5) Judicial admonition shall not be administered to military persons for criminal acts against the armed forces of the RKG.


Chapter Five

SECURITY MEASURES

Purpose of security measures

Article 58.

In the framework of the general purpose of criminal sanctions (Article 5, paragraph 2), the purpose of security measures is to remove the situations or conditions which might influence an offender so that he commits criminal acts in the future.

Types of security measures

Article 59.

The following security measures may be imposed on persons who have committed criminal acts:

1) prohibition to carry out a certain occupation, activity or duty;

2) bar to public appearance; 

3) banishment of a foreigner from the country.


Imposing security measures


Being prohibited from carrying out a certain occupation, activity or duty

Article 60.

(1) The court may prohibit a person who has committed a criminal act from exercising a particular profession, independent activity, or some duties related to the disposition, utilization, management or handling of social property or safe-keeping of such property, if the offender has misused his profession, activity or duty for the sake of committing a criminal act, or if there is a probable cause to believe that his further exercise of such activity would be dangerous.

(2) The court shall decide on the duration of the measure defined in paragraph 1 of this article, which must exceed one but must not exceed 10 months, as of the day of effectiveness of the judgment. The time spent in prison shall not be credited towards the term of this measure.

(3) When imposing a suspended sentence, the court may dispose that such sentence will be revoked if the offender violates the attached prohibition from carrying out a certain occupation, activity or duty.


Bar to public appearance

Article 61.

(1) The court may debar a person who has committed a criminal act from public expression in the press, public appearance at public meetings, as well as from performing publishing activities, if the offender has misused his public appearance for the purpose of committing a criminal act, or if there is a probable cause to believe that his further public appearance would be dangerous.

(2) The court shall decide on the duration of the measure defined in paragraph 1 of this article which must exceed one but must not exceed five months, as of the day of effectiveness of the judgment. The time spent in prison shall not be credited towards the term of this measure.

(3) When imposing a suspended sentence, the court may dispose that such sentence will be revoked if the offender violates the bar to public appearance.


Expulsion of a foreigner from the country

Article 62.

(1) The court may order that a foreigner be expelled from the territory of the RKG for a period of from one to 10 months, or for all time.

(2) In deciding whether to impose the measure defined in paragraph 1 of this article, the court shall take into account motives from which he committed the criminal act, the mode of its commission, and other circumstances which indicate the prejudicial character of his further residence in the country.

(3) The period of expulsion commences on the day when the decision takes legal effect. The time spent in prison shall not be counted towards the term of this measure.


Chapter Six

GENERAL RULES RELATING TO EDUCATIONAL MEASURES

Imposing educational measures on young adults

Article 63.

(1) The court may impose an appropriate measure of intensive supervision on an offender who has committed a criminal act as an adult, if given his personality and circumstances in which he committed the act, it may be expected that the purpose which would be attained by sentencing him to imprisonment will be attained by the educational measure.

(2) Under conditions defined in this law, the court may impose all security measures on a young adult, including for a prohibition to carry out a certain occupation, activity or duty, and a bar to public appearance.


Chapter Seven

APPROPRIATION OF MATERIAL GAIN ACQUIRED BY THE COMMISSION OF A CRIMINAL ACT

The basis of the appropriation of material gain

Article 64.

(1) No one is allowed to retain material gain acquired by the commission of a criminal act.

(2) The benefit referred to in paragraph 1 of this article shall be appropriated by court order which established the commission of a criminal act, under the terms set forth in this law.


Modes of appropriating material gain

Article 65.

(1) All the money, valuable objects and every other material gain acquired by the commission of a criminal act shall be appropriated from offenders, and in case the appropriation is not feasible - the offender shall be obliged to pay a sum of money which corresponds to the acquired material gain.

(2) Material gain acquired by the commission of a criminal act may be appropriated from the persons to whom it has been transferred without compensation or with a compensation which do not corresponds to the real value, if the persons knew or might have known that the material gain has been acquired by the commission of a criminal act. In cases when the material gain has been transferred to close relatives, it shall be appropriated from them as well, unless they prove that they have given the full value worth of compensation.

Protection of damaged party

Article 66.

(1) If legal damages have been awarded to a damaged party the court shall order the
appropriation of material gain if it exceeds the ordered property-legal claim of the damaged party.

(2) A damaged party who has been directed to litigate in the course of criminal proceedings regarding his property-legal claim - may demand that he be compensated from the amount of the appropriated value, providing he litigates within six days from the day when the decision by which he has been directed to litigate takes effect, and if within three days from the day when his claim has been legally established he demands to be compensated from the appropriated value.

(3) A damaged party who did not report a property-legal claim in the course of a criminal proceedings may demand compensation from the appropriated value, if for the sake of establishing his claim he has begun litigating within three days from the day when he found out about the verdict which appropriates a material gain, and no longer than within two months from the day when the decision on the appropriation of material gain took effect, and if within three days from the day when the decision by which his claim was established he demands compensation from the appropriated value.


Appropriating material gain from an organization or grouping

Article 67.

If by a criminal act committed by a perpetrator a material gain has been acquired for an
organization of associated labor or other self-managing organization or grouping, the benefit shall be appropriated from the organization or grouping.

Chapter Eight

LEGAL CONSEQUENCES INCIDENT TO CONVICTION


Taking effect of the legal consequences incident to conviction

Article 68.

(1) Convictions for particular criminal acts or sentences of particular punishments may entail as legal consequences the cessation, that is the loss of certain rights or bar on the acquisition of certain rights.

(2) Legal consequences incident to conviction cannot occur when the perpetrator of a criminal act has been punished with a fine, suspended sentence, or when the court has refrained from imposing a punishment on him.

(3) Legal consequences incident to conviction may be provided by statute only and they take effect by the force of the law in which they were set forth.


Types of legal consequences incident to conviction

Article 69.

(1) Legal consequences incident to conviction relating to the termination or loss of certain rights are as follows:

1) cessation of the performance of particular jobs or functions in organs of communities, other state organs, and other organizations and groupings;

2) termination of employment or cessation of the performance of a particular profession, occupation or activity;

3) deprivation of a military officer's rank, or loss of a military employee's grade:

4) deprivation of decorations.

(2) Legal consequences incident to conviction which consist of a bar on the acquisition of particular rights are as follows:

1) debarment on the performance of certain jobs or functions in organs of communities, other state organs, and other organizations and groupings;

2) debarment on public expression in the press, or at public assemblies, prohibition from performing publishing activities and from participation in the forming of associations;

3) bar on the acquisition of a particular office, title, position or promotion in service;

4) bar on the acquisition of particular permits or licenses which are approved by a decision of state organs.


Beginning and duration of the legal consequences incident to conviction

Article 70.

(1) The legal consequences incident to conviction take effect on the day of effectiveness of the sentence.

(2) The legal consequences incident to conviction which consist of bars on the acquisition of particular rights may not exceed 10 months from the day on which the punishment has been served, pardoned or amnestied, or has been barred by the statute of limitation, unless for certain legal consequences such a statute provides a shorter period of time for serving the sentence.

(3) The legal consequences incident to conviction cease to be effective by the deletion of the sentence.


Chapter Nine

REHABILITATION, EXTINCTION OF PUNISHMENT AND CONDITIONS FOR RELEASING INFORMATION FROM THE CRIMINAL RECORDS

Rehabilitation

Article 71.

(1) Following return from imprisonment or after being pardoned or amnestied, or after the
punishment was barred by the statute of limitation, convicted persons shall freely enjoy all rights established by the constitution, law and other regulations, and may acquire all rights other than those whose exercise is limited as a result of a security measure imposed on them or a legal consequence of the conviction.

(2) The provision referred to in paragraph 1 of this article is in force for persons on conditional leave, unless their rights are limited by a special lawful provisions on the conditional leave.

Termination of security measures and legal consequences incident to conviction may be allowed on the basis of the court decision

Article 72.

(1) The court may decide that security measures imposing a prohibition to carry out a certain occupation, activity or duty or bar to public appearance be terminated if three months have elapsed from the day they took effect.

(2) The court may decide that the legal consequence of a sentence relating to the bar on the acquisition of a certain right be terminated after the lapse of three months from the day on which the punishment has been served, pardoned or amnestied, or barred by the statute of limitation.

(3) In deciding whether to order the termination of a security measure, i.e. a legal consequence of a sentence, the court shall take into account the conduct of the convicted person after the conviction, his readiness to compensate damage caused by the commission of a criminal act and to return material gain acquired by the commission of a criminal act, as well as other circumstances which indicate the justifiability of the termination of a security measure, i.e. a legal consequence of a sentence.

(4) The termination of legal consequences incident to conviction does in no way affect the rights of third parties originating from the judgment.


Expunging of the conviction

Article 73.

(1) The sentence of judicial admonition and the sentence by which a person who has committed a criminal act was excused of a punishment shall be expunged of the criminal record, provided he does not commit a fresh criminal act within six months from the day of effectiveness of the decision.

(2) A suspended sentence shall be expunged of the criminal record after three months from the expiration of the testing period unless the person convicted commits another criminal act within that period.

(3) A sentence of a fine shall be expunged of the criminal record after three months have elapsed from the day on which the punishment has been served, pardoned or amnestied, or barred by the statute of limitation, provided the convicted person does not commit a fresh criminal act within that period.

(4) The sentence of imprisonment for a term not exceeding one month shall be expunged of the criminal record after five months have elapsed from the day on which the punishment has been served, pardoned or amnestied, or has been barred by the statute of limitation, provided that the convicted person does not commit a fresh criminal act within that period.

(5) Upon an appeal by a convicted person, the court may decide that a sentence of imprisonment for a term exceeding one month but not exceeding three months be expunged of the criminal record, if a period of five months has expired from the day on which the punishment has been served, pardoned or amnestied, or barred by lapse of time, and provided that the convicted person has not committed a fresh criminal act within that period. In deciding on the expunging of the sentence the court shall take into account the conduct of the convicted person after serving his sentence, the nature of the criminal act, and other circumstances that might be relevant for the evaluation of the justifiability of the expunging.

(6) Sentences cannot be expunged of criminal records as long as security measures are in force.

(7) If in the course of the expunging period a convicted person is sentenced to imprisonment for a term exceeding three months, neither previous nor subsequent sentences shall be expunged of the criminal record.

(8) Several sentences which have been imposed on the same person may be expunged of the criminal record only simultaneously, and only if conditions exist for each of the sentences to be expunged.


Information from the criminal record

Article 74.

(1) Information contained in the criminal record may be transmitted to the High Court, the Prosecutor-General's office and organs of internal affairs in connection with criminal proceedings conducted against a person who was already convicted earlier, to competent organs in charge of the execution of criminal sanctions and competent organs participating in the procedure of granting amnesty, pardon or expunging of a sentence.

(2) Information from the criminal record may, upon the presentation of a justifiable request, be given to state organs, if certain legal consequences incident to conviction or security measures are still in force, or if there exists a lawfully justified interest for it.

(3) In case when a conviction is expunged, information on the conviction may only be given to the High Court, the Prosecutor-General's office and organs of internal affairs in relation to criminal proceedings conducted against a person whose previous conviction has been expunged.

(4) No one has the right to demand that citizens present evidence on their being convicted or not being convicted.

(5) At their request, citizens may be given information on their being convicted or not being convicted only if the information is necessary for exercising their rights abroad.


Chapter Ten

BAR BY LAPSE OF TIME

Bar to prosecution by lapse of time

Article 75.

(1) Unless it is stipulated otherwise in this law, criminal prosecution is barred after the lapse of:

1) 24 months from the commission of a criminal act for which the law provides the capital punishment or the punishment of imprisonment for a term of 24 months;

2) 15 months from the commission of a criminal act for which the law provides imprisonment for a term exceeding 10 months;

3) 10 months from the commission of a criminal act for which the law provides imprisonment for a term exceeding five months;

4) 5 months from the commission of a criminal act for which the law provides imprisonment for a term exceeding three months;

5) 3 months from the commission of a criminal act for which the law provides imprisonment for a term exceeding one month;

6) 2 months from the commission of a criminal act for which the law provides imprisonment for a term not exceeding 15 days, or a fine.

(2) If several punishments are prescribed for a single criminal act, the period of limitation shall be determined according to the heaviest punishment prescribed.


The running and interruption of the period of limitation to criminal prosecution

Article 76.

(1) The period of limitation to the criminal prosecution commences with the day on which the criminal act has been committed.

(2) The running of the period of limitation is suspended for any time during which the prosecution cannot be instituted or continued by reason of provision of law.

(3) The running of the period of limitation is interrupted by every act of proceedings which relates to the prosecution of the perpetrator on account of the criminal act committed.

(4) The running of the period of limitation is also interrupted if the perpetrator, before the period of limitation has elapsed, commits a fresh criminal act of the same gravity or a graver criminal act.

(5) A new period of limitation begins with every interruption.

(6) There shall be an absolute bar to prosecution when twice as much time lapses as required, in accordance with the law, for the bar to prosecution.


Bar to execution of punishment by lapse of time

Article 77.

Unless it is stipulated otherwise in the law, the execution of sentences is barred after the lapse of:

1) 24 months from the death penalty or from the sentence of imprisonment for a term of 24 months;

2) 15 months from the sentence of imprisonment for a term exceeding 10 months;

3) 10 months from the sentence of imprisonment for a term exceeding five months;

4) 5 months from the sentence of imprisonment for a term exceeding three months;

5) 3 months from the sentence of imprisonment for a term exceeding one month;

6) 2 months from the sentence of imprisonment for a term not exceeding fifteen days, or to a fine.


Bar to execution of accessory punishment and security measures by lapse of time

Article 78.

(1) The execution of the punishment of confiscation of property is barred after the lapse of 10 months from the day of effectiveness of the judgment under which such punishment has been imposed.

(2) The execution of a fine as an accessory punishment shall be barred after the lapse of two months from the day of effectiveness of the judgment whereby such punishment has been imposed.

(3) The execution of the security measures of prohibition to carry out a certain occupation, activity or duty, or bar on public appearance shall be barred after the lapse of the period for which the measures have been ordered.


The running and interruption of the period of limitation to execution of punishment

Article 79.

(1) The period of limitation to the execution of punishment commences with the day of the effectiveness of the judgment, and in the case of the revocation of a suspended sentence with the day on which the decision on the revocation became legally effective.

(2) The running of the period of limitation is suspended for any time during which the law prevents the execution of the punishment from commencing.

(3) The running of the period of limitation is interrupted by every act of a competent organ undertaken toward the execution of the punishment.

(4) The running of the period of limitation is resumed after every interruption.

(5) There shall be an absolute bar to the execution of punishment when twice as much time has elapsed as required, in accordance with the law, for the bar to the execution of punishment.

(6) The provisions set forth in paragraphs 2 to 5 of this article shall be applied accordingly to the bar to the execution of the security measures.


War crimes as criminal acts not subject to the statute of limitations

Article 80.

A criminal prosecution and the execution of a sentence are not subject to the statute of limitations for criminal acts referred to in articles 141 to 145 of this law, as well as for other criminal acts which pursuant to international agreements are not subject to the statute of limitations.

Chapter Eleven

AMNESTY AND PARDON


Amnesty

Article 81.

Persons covered by an act of amnesty are granted immunity from prosecution, complete or partial exemption from the execution of punishment, substitution of the imposed punishment by a less severe one, expunging of the conviction, or annulment of legal consequences incident to conviction.


Pardon

Article 82.

(1) By means of pardon specifically designated persons are granted immunity from prosecution, complete or partial exemption from the execution of punishment, substitution of the imposed punishment by a less severe one, expunging of the conviction, or annulment or shortening the duration of the legal consequences incident to conviction or security measure.

(2) A pardon may establish termination or shorter duration of the following security measures:

prohibition to carry out a certain occupation, activity or duty, bar to public appearance, or the

expelling a foreigner from the country.


Impact of amnesty and pardon on third parties

Article 83.

The granting of amnesty or pardon shall in no way affect the rights of third parties emanating from the judgment.



Chapter Twelve

APPLICABILITY OF GOTZBORG CRIMINAL LAW WITH RESPECT TO THE PLACE OF THE COMMISSION OF A CRIMINAL ACT


Applicability of Gotzborg criminal law to anybody committing a criminal act on the territory of the RKG


Article 84.

(1) Gotzborg criminal law applies to anybody who has committed a criminal act on the territory of the RKG.


Applicability of Gotzborg criminal law to specific criminal acts committed abroad

(Note: The term "found on the territory" refers to the offender carrying on business in RKG after the commission of a crime against another country)

Article 85.


Gotzborg criminal law applies to anybody who while abroad commits a criminal act referred to in articles 114 to 133, and 135 to 138 of this law.


Applicability of Gotzborg criminal law to a RKG citizen committing a criminal act abroad


Article 86.


Gotzborg criminal law applies to a citizen of RKG when he commits abroad a criminal act other than those referred to in article 85 of this law, provided he is found on the territory of the RKG or has been extradited to the RKG.


Applicability of Gotzborg criminal law to a foreigner committing a criminal act abroad


Article 87.


(1) Gotzborg criminal law applies to a foreigner who has committed a criminal act outside the territory of the RKG against the country or its citizen, when the acts in question do not belong to the group of acts referred to in article 85 of this law, provided he is found on the territory of the RKG or has been extradited to the RKG.

(2) Gotzborg criminal law applies to a foreigner who commits a criminal act abroad against a foreign country or another foreigner, for which this law provides imprisonment for a term of five months or a heavier penalty, provided the perpetrator is found on the territory of the RKG and is not extradited to a foreign country. Unless it is stipulated otherwise in this law, in such a case the court may not impose a heavier punishment than the one provided by the law of the country in which the criminal act has been committed.


Special prerequisites of prosecution

Article 88.

(1) If, in cases referred to in Article 84 of this law, criminal proceedings have commenced or have terminated in a foreign country, prosecution shall be instituted in the RKG only upon the approval on the part of the Prosecutor-General for criminal acts defined in the criminal code.

(2) In cases referred to in articles 86 and 87 of this law, persecution shall not be instituted if:

1) the offender has completely served the sentence to which he has been sentenced abroad;

2) the offender has been acquitted by a legally effective foreign judgment, or if his punishment has been barred by lapse of time, amnestied or pardoned abroad;

3) by foreign law the criminal act may only be prosecuted upon request by the damaged party and if such a request has not been filed.

(3) In cases referred to in articles 86 and 87 of this law, prosecution shall be instituted only if the act committed is also punishable. If in cases referred to in articles 86 and 87, paragraph 1 of this law, such criminal act is not punishable under the law of the country of commission, prosecution may be instituted only upon the approval on the part of the Prosecutor-General for criminal acts defined in the criminal code.

(4) It is only after the approval on the part of the Prosecutor-General that prosecution may be instituted in the RKG in cases referred to in Article 87, paragraph 2 of this law, regardless of the law of the country in which the criminal act has been committed, if at the time of the commission the act in question was considered a criminal act in accordance with the general legal principles recognized by the international community.

(5) In cases referred to Article 84 of this law, prosecution of a foreigner may be handed over to a foreign country on the condition of reciprocity.


Credit for the detention and sentence served abroad

Article 89.

The detention, deprivation of freedom in the course of an extradition procedure, as well as the punishment which the offender served upon a judgment of a foreign court, shall be credited toward service of the sentence imposed by the domestic court for the same criminal act, and if the punishments are not of the same kind -- the deduction of the punishment served abroad shall be effected in a way the court finds fit.


Chapter Thirteen

MEANING OF STATUTORY TERMS


Article 90.

(1) The term "territory of the RKG" understands its territory as the official web pages, Forums, and other such entities.

(3) The term "Gotzborg criminal law" understands all criminal justice provisions set forth in the laws of the Realm.

(4) The term "official," when it refers to a perpetrator of a criminal act understands: elected or appointed officials in the RKG Government, as well as organizations which perform certain administrative, expert and other functions within the rights and obligations of the RKG; persons who continuously or occasionally execute an official duty for the RKG, and military persons, if a criminal act is not defined in the Chapter Nineteen of this code.

(5) The term "military person" understands a soldier in the military service; cadet at a military academy; junior officer on active duty, officer on active duty or military employee; a reservist on military duty as serviceman, and a civilian person executing a certain military duty.

(6) When an official or a military person has been accused of committing certain criminal acts, persons referred to in paragraphs 4 and 5 of this article may be the perpetrators of these acts provided it does not follow from characteristics of a particular act or particular prescript that their perpetrator may only be certain of the specified persons.

(7) A "document" denotes any object that is suitable or designed to serve as evidence of some fact relevant to legal relations.

(8) "Currency" denotes that which is legal tender in the RKG or in a foreign country.

(9) "Representatives of value" include also foreign representatives of value.


SPECIAL PART


Chapter Fourteen

CRIMINAL ACTS AGAINST THE BASES OF THE SYSTEM AND SECURITY OF RKG


Counter-revolutionary endangering of the system

Article 91.

Whoever commits an act aimed at: restricting or overthrowing the authority of the Monarchy; undermining the constitutionally-established system or political system; overthrowing organs of Government Authorities, their executive organs or representatives of the highest state authorities in contravention of the Constitution; undermining the economic basis of the country; destroying the brotherhood and unity or violating the equality of nations and nationalities; or changing the organization of the country in an unconstitutional way, shall be punished by imprisonment for not less than one month.


Acknowledging capitulation and occupation

Article 92.

(1) A citizen of the RKG who commits an act aimed at the acknowledgement of the capitulation or occupation of the RKG or its part, shall be punished by imprisonment for not less than five months.

(2) A citizen of the RKG who signs or acknowledges the capitulation, or who accepts or
acknowledges the occupation of the RKG or its part, shall be punished by imprisonment for not less than 24 months or by the death penalty.


Endangering the territorial integrity

Article 93.

(1) Whoever commits and act aimed at detaching a part of the territory of the RKG by force or in any other unconstitutional way, or at joining of a part of the territory with another country, shall be punished by imprisonment for not less than five months.

(2) Whoever commits an act aimed at changing borders between the RKG by force or in any other unconstitutional way, shall be punished by imprisonment for not less than one month.


Endangering the independence

Article 94.

A citizen of the RKG who commits an act aimed at bringing the RKG in a position of subjugation or dependence toward a foreign state shall be punished by imprisonment for not less than one month.



Preventing the fight against the enemy

Article 95.

(1) A citizen of the RKG who in time of war or conflict prevents the citizens of RKG or citizens of its allies from fighting against the enemy shall be punished by imprisonment for not less than five months.

(2) A citizen of the RKG who in time of war or conflict by propaganda or in some other manner dissuades the citizens of the RKG or citizens of its allies from fighting against the enemy shall be punished by imprisonment for not less than one month.


Service in the enemy's army

Article 96.

(1) A citizen of the RKG who serves in the enemy's army or other enemy's armed formations in time of war or conflict, or participates in war or conflict as a combatant against the RKG or its allies, shall be punished by imprisonment for not less than three months.

(2) Whoever levies citizens of the RKG for service in the enemy's army or other enemy's armed formations, or for participation in war or conflict against the RKG or its allies, shall be punished by imprisonment for not less than five months.


Assisting the enemy

Article 97.

(1) A citizen of the RKG who assists the enemy in making a requisition, or in performing other coercive measures against the people in time of war, shall be punished by imprisonment for not less than one month.

(2) A citizen of the RKG who politically or economically collaborate with the enemy in time of war shall also be punished by the sentence referred to in paragraph 1 of this article.


Undermining the military and defensive power

Article 98.

(1) Whoever destroys, renders useless or enables to pass into the hands of the enemy the defense objects, positions, or defensive means, or surrenders to the enemy, or in some other way hinders or jeopardizes the military or defense measures, shall be punished by imprisonment for not less than three months.

(2) A citizen of the RKG who commits the act referred to in paragraph 1 of this article with an intent to assist the enemy, shall be punished by imprisonment for not less than five months.

Homicide committed out of hostile motives against the RKG

(Note: The act of depriving someone of "life" for the purposes of this Code, pertains to the unlawful permanent banning of another from the use of RKG Forums, chat services, and other official forms of communication and participation)

Article 99.

Whoever deprives another man of his life out of hostile motives against the RKG, shall be punished by imprisonment for not less than 24 months or by the death penalty.


Violence committed out of hostile motives against the RKG

Article 100.

(1) Whoever commits other violence against another person, shall be punished by imprisonment for not less than five months.

(2) The perpetrator of the act referred to in paragraph 1 of this article who voluntarily releases a person whose freedom of movement has been restricted, may be punished less severe or the court may refrain from imposing a punishment on him.


Terrorism

Article 101.

Whoever causes disruptions in official functions of the RKG (Forum "Gobbling", and other such measures), out of hostile motives against the RKG, or commits an act of violence which may create a feeling of personal insecurity in citizens or a in a group of citizens, shall be punished by imprisonment for not less than five months.


Sabotage

Article 102.

Whoever, out of hostile motives against the RKG, in a disguised, perfidious or any similar manner fails to perform, or performs his official duty or work pledge without commitment, or in performing his duty or work pledge damages means of production, and through such action causes damage of or disorganization of official work, shall be punished by imprisonment for not less than three months.


Espionage

Article 103.

(1) Whoever discloses, delivers or renders available confidential military, economic or official information or documents to a foreign country, foreign organization or a person in the service thereof, or whoever compiles such information or documents with the intention of disclosing or delivering them to a foreign country, foreign organization or a person in their service, shall be punished by imprisonment for not less than six months.

(2) Whoever creates an intelligence service in the RKG on account of a foreign country or organization, shall be punished by imprisonment for not less than twelve months.

(3) Whoever becomes a member of a foreign intelligence service, collects information for it or in any other way assists its activity, shall be punished by imprisonment for not less than six months.


Imparting a state secret

Article 104.

(1) Anybody who without authority imparts, passes on or renders accessible information or documents constituting a state secret to an unauthorized person not entitled to receive such documents, shall be punished by imprisonment for not less than three months.

(2) If an act referred to in paragraph 1 of this article has been committed during a state of war or imminent war danger, or if it has led to the endangerment of the security, economic or military power of the RKG, the offender shall be punished by imprisonment for not less than three months or by imprisonment for a term of twelve months.

(3) If an act referred to in paragraph 1 of this article has been committed by negligence, the offender shall be punished by imprisonment for a term exceeding three months but not exceeding five months.

(4) The term state secret shall be understood to be information or documents whose disclosure has produced or might have produced detrimental consequences for political, economic or military interests of the country.


Conclusion of treaties prejudicial to the RKG

Article 105.

Whoever in the capacity of representative of the RKG concludes a treaty or carries out an important task with a foreign government, international or foreign organization to the detriment of the RKG by misusing his position or authority, shall be punished by imprisonment for not less than one month.


Participating in hostile activities

Article 106.

A citizen of the RKG who with the intention of carrying out a hostile activity against his country establishes contacts with a foreign country, foreign or exile organization or group of persons, or assists them in the performance of hostile activities, shall be punished by imprisonment for not less than one month.


Hostile propaganda

Article 107.

(1) Whoever in an article, leaflet, drawing, speech or in some other way calls on or incites the overthrow of the government or the Monarchy, the unconstitutional change of the Monarchist system, breaking-up of the brotherhood and unity and equality of nations and nationalities, overthrow of the governmental authorities and their executive organs, resistance to decisions of competent organs of authorities which are significant for the protection and development of the government, the security or defense of the country; or whoever maliciously and untruthfully represents the social and political situation in the country, shall be punished by imprisonment for a term exceeding one month but not
exceeding 10 months.

(2) Whoever commits an act referred to in paragraph 1 of this article with a help or under influence from abroad, shall be punished by imprisonment for not less than three months.

(3) Whoever dispatches or transfers agitators or propaganda material into the territory of the RKG for the purpose of carrying out activities referred to in paragraph 1 of this article, shall be punished by imprisonment for not less than one month.

(4) Whoever, with the intention of distributing, manufactures or copies enemy propaganda material, or who holds this material despite knowing that it is intended for the distribution, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.


Inciting national, racial or religious hatred, discord or hostility

Article 108.

(1) Whoever by means of propaganda or in some other way incites or fans national, racial or religious hatred or discord between peoples and nationalities living in the RKG, shall be punished by imprisonment for a term exceeding one month but not exceeding 10 months.

(2) Whoever, by insulting citizens or in some other way, incites national, racial or religious hostility, shall be punished by imprisonment for a term exceeding one month but not exceeding six months.

(3) If an act referred to in paragraphs 1 and 2 of this article has been committed systematically or by taking advantage of one's position or office, as part of a group, or if disorder, violence or other grave consequences resulted from these acts, the offender shall for an act referred to in paragraph 1 be punished by imprisonment for not less than one month and for an act referred to in paragraph 2 by imprisonment for a term exceeding three months but not exceeding six months.


Violation of territorial sovereignty

Article 109.

Whoever penetrates the territory of the RKG in breach of rules of international law, shall be punished by imprisonment for a term exceeding three months but not exceeding 10 months.


Associating for the purpose of hostile activities (against the Monarchy or citizens)

Article 110.

(1) Whoever sets up a cabal, band, group or any other association of persons for the purpose of committing criminal acts under articles of this law, or whoever forms a group for the purpose of transferring or dispatching citizens of the RKG abroad for the sake of carrying out hostile activities against the RKG, shall be punished by imprisonment for not less than five months.

(2) Whoever becomes a member of an association referred to in paragraph 1 of this article, shall be punished by imprisonment for not less than one month.

(3) The member of an association referred to in paragraph 1 of this article who exposes the association before he has committed a criminal act defined in the provisions of this chapter in the association's ranks or on its account, shall be punished by imprisonment for a term not exceeding three months, but the court may also refrain from imposing a punishment on him.


Accessory after the fact to criminal acts

Article 111.

(1) Whoever conceals, shelters or gives other means to the perpetrator of a criminal act referred to in articles of this law, whoever serves him in maintaining liaison, undertakes actions aimed at obstructing the discovery or apprehension of the offender, or renders him assistance in any other way, shall be punished by imprisonment for not less than one month.

(2) The sentence for the acts referred to in paragraph 1 of this article may not be more severe by neither its type nor its gravity than the sentence prescribed for the criminal act which was the subject of the assistance.


Punishment for the preparation

Article 112.

Whoever makes preparations for the commission of a criminal act referred to in articles 104 to 106, and articles 108 to 111 of this law, shall be punished by imprisonment for not less than one month.


Punishment for the gravest criminal acts

Article 113.

(1) The offender shall be punished by imprisonment for not less than 24 months or by the death penalty for a criminal which brought about the death of a person or caused danger to human lives, or was coupled by heavy violence or a large-scale destruction, or which led to the endangerment of the security, economic or military power of the country, or in other particularly heavy cases.


The punishment of confiscation of property

Article 114.

The punishment of confiscation of property may be imposed on an offender for criminal acts described in this chapter.  This punishment applies only to those who have been awarded landed peerages within the Realm, or other such land as the Ruler of RKG has seen as fit.


Chapter Fifteen

CRIMINAL ACTS AGAINST HUMANITY AND INTERNATIONAL LAW


War crime against the civilian population

Article 115.

Whoever in violation of rules of international law effective at the time of war, conflict or occupation, orders that civilian population be subject to permanent banning, inhuman treatment; dislocation or displacement or forcible conversion to another nationality or religion; application of measures of intimidation and terror, imposing collective punishment, illegal arrests and detention, deprivation of rights to fair and impartial trial; property confiscation, unlawful issuance of currency, or who commits one of the foregoing acts, shall be punished by imprisonment for not less than twelve months or by the death penalty.


Organizing a group and instigating the commission or war crimes

Article 116.

(1) Whoever organizes a group for the purpose of committing criminal acts referred to in article 115 of this law, shall be punished by imprisonment for not less than five months.

(2) Whoever becomes a member of a group referred to in paragraph 1 of this article, shall be punished by imprisonment for not less than one month.

(3) A member of a group referred to in paragraph 1 of this article who exposes the group before he has committed a criminal act in its ranks or on its account, shall be punished by imprisonment for a term not exceeding three months, but the court may also refrain from imposing a punishment on him.

(4) Whoever calls on or instigates the commission of criminal acts referred to in article 115 of this law, shall be punished by imprisonment for a term exceeding six months but not exceeding twelve months.


Unlawful killing of the enemy

Article 117.

(1) Whoever in violation of the rules of international law in time of war or conflict permanently bans the IP of an enemy who has unconditionally surrendered or has no means for the defense, shall be punished by imprisonment for not less than one month.

(2) If the banning referred to in paragraph 1 of this article has been committed in a cruel or insidious way, out of greed or from other base motives, or if more persons have been banned, the offender shall be punished by imprisonment for not less than 10 months or by the death penalty.


Making use of forbidden means of warfare

Article 118.

(1) Whoever in time of war or conflict orders the use of means or practices of warfare prohibited by the rules of international law, or whoever makes use of such means and practices, shall be punished by imprisonment for not less than one month.

(2) If several persons have been banned as a result of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for not less than six months or by the death penalty.


Destruction of cultural and historical documents

Article 119.

Whoever in time of war or conflict destroys cultural or historical documents (ie, Forum Archives), in violation of the rules of international law, shall be punished by imprisonment for not less than one month.


Instigating an aggressive war

Article 120.

Whoever calls on or instigates an aggressive war, shall be punished by imprisonment for a term exceeding one month but not exceeding 10 months.


Racial and other discrimination

Article 121.

(1) Whoever on the basis of distinction of race, gender, colour, sexual orientation, nationality or ethnic background, violates basic human rights and freedoms recognized by the international community, shall be punished by imprisonment for a term exceeding six months but not exceeding eighteen months.

(2) The sentence set forth in paragraph 1 of this article shall be imposed on those who persecute organizations or individuals for their advocating equality among the people.

(3) Whoever spreads ideas on the superiority of one race over another, or advocates racial hatred, or instigates racial discrimination, shall be punished by imprisonment for a term exceeding three months but not exceeding twelve months.


Imposing the punishment of confiscation of property

Article 122.

The punishment of confiscation of property may be imposed on the offender for criminal acts referred to in articles 115 to 118, and article 121 of this law.


Chapter Sixteen

CRIMINAL ACTS AGAINST THE REPUTATION OF THE RKG, OR A FOREIGN COUNTRY


Damaging the reputation of the RKG

Article 123.

Whoever brings into derision the RKG, its flag, coat of arms or national anthem, its highest representatives thereof, its armed forces or commanders, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.

Article 124.

Whoever brings into derision the Sovereign Ruler of the RKG, any member of the Royal Family, and those of Ducal rank and above, shall be punished by imprisonment for a term exceeding six months, but not exceeding twenty-four months.


Damaging the reputation of a foreign state

Article 125.

Whoever brings into derision a foreign state, its flag, coat of arms or national anthem, or the foreign head of state or a diplomatic representative of a foreign state in the RKG, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.


Prosecution for criminal acts against the reputation of a foreign country

Article 126.

Prosecution for criminal acts referred to in article125 of this law shall be instituted upon the approval on the part of the Prosecutor-General.


Chapter Seventeen

CRIMINAL ACTS AGAINST THE ECONOMY AND UNITY OF THE GOTZBORG MARKET


Unauthorized mediation or representation in foreign trade affairs

Article 127.

(1) Whoever without authorization engages in mediation or representation in foreign trade affairs, shall be punished by imprisonment for a term exceeding three months but not exceeding twelve months.

(2) If a person who has committed an act referred to in paragraph 1 of this article has set up a network of mediators or if he has made a considerable material gain, he shall be punished by imprisonment for a term exceeding six months but not exceeding eighteen months.


Imposing the punishment of confiscation of property

Article 128.

The punishment of confiscation of property may be imposed on a perpetrator of any criminal act referred to in Article 127 of this law.


Chapter Eighteen

CRIMINAL ACTS AGAINST OFFICIAL DUTY OF THE OFFICIALS IN GOVERNMENT BODIES


Abuse of office or official authority

Article 129.

(1) An official who, with the intention of acquiring a benefit to himself or to another person, or of causing damage to a third person, takes advantage of his office or official authority, exceeds the limits of his official authority or fails to execute his official duty, shall be punished by imprisonment for a term not exceeding three months.

(2) If substantial damage or a serious breach of another man's right has occurred as a result of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for a term exceeding three months but not exceeding five months.


Fraud in office

Article 130.

(1) An official who, in the course of performing his duty, with the intention of acquiring an unlawful gain for himself or another, by submitting false accounts or in some other way deceives an authorized person into making an illegal disbursement, shall be punished by imprisonment for a term exceeding three months but not exceeding five months.

(2) If a material gain in the amount exceeding 30,000 Thalers has been acquired as a result of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for a term exceeding six months but not exceeding 10 months.


Accepting of bribe

Article 131.

(1) An official who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit for the doing within the scope of his official powers of an official act which ought not to be performed by him, or for the omission of an official act which ought to be performed by him, shall be punished by imprisonment for a term exceeding six months but not exceeding 10 months.

(2) In a particularly grave case of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for not less than 10 months.

(3) An official who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit for the doing within the scope of his official powers of an official act which ought to be performed by him, or for the omission of an official act which ought not to be performed by him, shall be punished by imprisonment for a term exceeding six months but not exceeding 10 months.

(4) An official who demands or accepts a gift or any other benefit following the performance or omission of an official act referred to in paragraphs 1 to 3 of this article, and in relation to it, shall be punished by imprisonment for a term exceeding one month but not exceeding three months.

(5) The gifts or any other benefits shall be forfeited.


Illegal influence

Article 132.

(1) An official who accepts a reward or any other benefit toward interceding that an official act be or not be performed, taking advantage of his official position, shall be punished by imprisonment for a term not exceeding three months.

(2) An official who, taking advantage of his official position, intercedes that an official act be performed which ought not to be performed, or that an official act be not performed which ought to be performed, shall be punished by imprisonment for a term exceeding three months but not exceeding five months.

(3) If a reward or any other benefit has been received in return for the intercession referred to in paragraph 2 of this article, the offender shall be punished by imprisonment for a term exceeding six months but not exceeding 10 months.


Violation of law by a judge

Article 133.

(1) A High Judge or other representative of the High Court who passes an illegal act or violates law in any other way with the intention of acquiring a gain for another person or causing damage to him,  shall be punished by imprisonment for a term exceeding six months but not exceeding twelve months.

(2) In a particularly grave case of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for a term exceeding twelve months but not exceeding eighteen months.


Lack of commitment in working

Article 134.

(1) An official who by breaching laws or other regulations or general acts, failing to exercise due supervision or in any other way manifestly acts in a clearly unconscientious manner in the discharge of his official duties, although he was aware or was obliged to be and could have been aware that as a result of it a serious violation of another man's rights might occur, and if such violation does occur in an amount exceeding 10,000 Thalers, shall be punished by imprisonment for a term not exceeding six months.

(2) If a serious violation of another man's right or damage to property exceeding 100,000 Thalers has occurred as a result of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for a term exceeding six months but not exceeding twelve months.


Disclosure of official secrets

Article 135.

(1) An official who, without authorization communicates, conveys or in any other way makes accessible to another person information which constitutes an official secret, or who obtains such information with the intention of conveying it to an unauthorized person who is not supposed to have it, shall be punished by imprisonment for a term exceeding three months but not exceeding five months.

(2) If an act referred to in paragraph 1 of this article has been committed out of greed or in respect of particularly confidential information or for the purpose of disclosing or using the information abroad, the offender shall be punished by imprisonment for a term exceeding six months.

(3) If an act referred to in paragraph 1 of this article has been committed by negligence, the offender shall be punished by imprisonment for a term not exceeding three months.

(4) An official secret shall be so construed as to understand information or documents which have been designated as official secret by virtue of law, some other regulation or a decision by a competent body made on the basis of law, as well as information which have not been designed an official secret, but whose disclosure might manifestly have caused substantial detrimental consequences for the office.

(5) Provisions referred to in paragraphs 1 to 4 of this article shall also be applied to a person who has disclosed an official secret after his function as an official person has ceased.


Falsifying official documents

Article 136.

(1) An official who enters false data into official documents or files, or who fails to enter important data, or who by his signature or an official seal certifies an official or business document or file containing false data, or who by his signature or an official seal facilitates the drawing up of such documents or files containing with false data, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.

(2) The punishment referred to in paragraph 1 of this article shall also be imposed on an official who, in the office, uses a false official or business document or file as if they were authentic, or who destroys, conceals, substantially damages or in some other way renders useless any official or business document or file.


Infringement of the equality of citizens

Article 137.

An official who, on the ground of differences in nationality, race, religion, ethnic background, sex, language, education or social status, denies or restricts the rights of citizens laid down by the law, Constitution or other regulation or general act, or who, on the basis of such distinction, grants privileges or advantages, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.


Unlawful deprivation of liberty

Article 138.

(1) An official who, in the course of his duty, unlawfully, and temporarily bans another person, or deprives him in any other way of his freedom of movement, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.

(2) If the unlawful deprivation of liberty lasted for more than 30 days, or was carried out in a brutal way, or if such a treatment of the person who was illegally deprived of liberty caused a serious consequence, the offender shall be punished by imprisonment for a term exceeding six months but not exceeding eight months.

(3) If the permanent banning of the person who had been unlawfully deprived of liberty, or his decision to remove himself from the RKG was caused by virtue of the imprisonment, the offender shall be punished by imprisonment for not less than twelve months.


Extraction of statements by duress

Article 139.

(1) An official who in the discharge of his duty uses force, a threat or other unauthorized ways or means to extract testimony or some other statement from a defendant, witness, expert or some other person, shall be punished by imprisonment for a term exceeding three months but not exceeding five months.

(2) If the extraction of the testimony or statement has been was accompanied by grave violence, or if, in the course of criminal proceedings, the defendant suffered particularly grave consequences as a result of the statement made under duress, the offender shall be punished by imprisonment for not less than six months.


Maltreatment in the course of duty

Article 140.

An official who in the discharge of his duties maltreats another person, insults him or in general treats him in a manner offensive to human dignity, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.


Breach of the right to litigate

Article 141.

(1) An official who, by abuse of his official position or powers, prevents another person from exercising his right to lodge a complaint or make any other legal application, objection, plea or request, shall be punished by imprisonment for a term exceeding three months but not exceeding six months.


Illegally enabling the performance of certain activities

Article 142.

If an official enables another person to perform certain activities in a state body despite knowing that the prohibition to carry out that particular occupation, activity or duty has been imposed on the person, or the protective measure of the ban on performing certain duties, or if the ban from performing certain activities has taken place as the legal consequence of a conviction, he shall be punished by imprisonment for a term exceeding three months but not exceeding six months.


Failure to report a criminal offense

Article 143.

(1) If an official fails to report a criminal offense he has discovered while performing his duties, for which the law provides five months of imprisonment or a harsher punishment for the offense, and if the offense is subject to prosecution as an official duty, he shall be punished by imprisonment for a term exceeding three months but not exceeding six months.

(3) No punishment for failure to report the criminal offense referred to in paragraph 1 of this article shall be imposed on an official if the offender is the spouse, first-line blood relative, brother or sister, adoptive parent or adopted child, or the offender's defense lawyer.


Imposing the punishment of confiscation of property

Article 144.

The punishment of confiscation of property may be imposed on a perpetrator of any criminal act referred to in Articles 129-143 of this law.


Chapter Nineteen

CRIMINAL ACTS AGAINST THE ARMED FORCES OF THE RKG


Failure and refusal to execute an order

Article 145.

(1) If a military person fails or refuses to execute an order of a superior given in the line of duty, he shall be punished by imprisonment for a term exceeding three months but not exceeding six months.

(2) Whoever suborns a military person to commit an act referred to in paragraph 1 of this article, shall be punished by imprisonment for a term not exceeding six months.

(3) In a particularly grave case of the criminal act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for a term exceeding six months but not exceeding twelve months.

(4) A military person who fails to execute an order of a superior under paragraph 1 of this article by negligence, shall be punished by imprisonment for a term not exceeding eight months.


Maltreatment of a subordinate or a military person of lower rank

Article 146.

(1) A military superior who in the line of duty or in connection with duty maltreats his subordinate or a person of lower military rank or treats him in a way offensive to human dignity, shall be punished by imprisonment for a term exceeding fifteen days but not exceeding three months.

(2) If the act referred to in paragraph 1 of this article has been committed against several persons, the offender shall be punished by imprisonment for a term exceeding three but not exceeding six months.


Submitting untrue reports and accounts

Article 147.

(1) If a military person, in the execution of his duty, presents a report or gives an account whose contents is untrue, or withholds knowledge of a true fact which he ought to have mentioned in a report or an account, and if such his act results in serious detrimental consequences for the service, or if the service is seriously jeopardized, he shall be punished by imprisonment for a term not exceeding six months.

(2) If the act referred to in paragraph 1 of this article has been committed by presenting a report or account of special importance, or if serious consequences have occurred, the offender shall be punished by imprisonment for a term exceeding three months but not exceeding eight months.

(3) In the event that the offence referred to in paragraph 2 of this article has been committed by negligence, the offender shall be punished by imprisonment for a term not exceeding three months.


Disclosure of military secrets

Article 148.

(1) Whoever without authority communicates, confers or otherwise makes accessible to another information which constitutes a military secret, or whoever compiles such information with a view to convey it to an unauthorized person, shall be punished by imprisonment for a term exceeding three months but not exceeding twelve months.

(2) In the event that the offence referred to in paragraph 1 of this article has been committed out of greed, or if it involves especially confidential information, or for the purpose of disclosing or using the information abroad, the offender shall be punished by imprisonment for not less than six months.

(3) In the event that the offence referred to in paragraph 1 of this article has been committed by negligence, the offender shall be punished by imprisonment for a term not exceeding three months.

(4) Military secret shall be so construed as to include information which has been designated as a military secret by virtue of law, other statutory provision, general act or decision of a competent body, as well as information which has not been designated as a military secret, but whose disclosure, because of their importance, might manifestly cause serious detrimental consequences to the armed forces and their preparations for the defense of the country.


Punishment for criminal acts committed during a state of war or imminent war danger

Article 149.

(1) If any of the criminal acts referred to in Article 145-148 of this law has been committed during a state of war or imminent war danger, the offender shall be punished by imprisonment for a term exceeding six months but not exceeding twelve months.


Imposing the punishment of confiscation of property

Article 150.

The punishment of confiscation of property may be imposed on a perpetrator of any criminal act referred to in Articles 145-148 of this law.


Conditions for imposing disciplinary penalties, measures

Article 151.

For criminal acts against the armed forces for which a punishment of imprisonment for a term not exceeding three months has been prescribed, military persons may incur disciplinary penalties or measures designated by statutory regulations, provided that the offence be of an especially light character and that considerations of service and military discipline so require.


Responsibility for criminal offenses committed by superior orders

Article 152.

No punishment shall be imposed on a subordinate if he commits a criminal offence pursuant to order of a superior given in the line of official duty, unless the order has been directed toward committing a war crime or any other grave criminal offence, or if it was obvious that the carrying out of the order constitutes a criminal offence.


Chapter Nineteen

CONSPIRACY AND JOINING FORCES FOR THE PURPOSE OF THE COMMISSION OF CRIMINAL ACTS DEFINED IN THE CODE OF LAW


Conspiracy for the purpose of the commission of a criminal act defined in the Code of Law


Article 153.

Whoever plots with another to commit a criminal act defined in the code of law, for which a punishment of five months or a heavier penalty might be imposed, unless the law threatens a heavier penalty for such conspiracy, shall be punished by imprisonment for a term not exceeding three months.


Joining for the purpose of the commission of criminal acts defined in the code law

Article 154.

(1) Whoever organizes a group of persons for the purpose of the commission of criminal acts defined in the code of law, for which a punishment of five months or a heavier penalty might be imposed, unless the law threatens a heavier penalty for such organizing, shall be punished by imprisonment for a term exceeding one month but not exceeding five months.

(2) A member of the group referred to in paragraph 1 of this article shall be punished by
imprisonment for a term not exceeding three months.

(3) A member of a group referred to in paragraph 1 of this article who exposes the group before he has committed a criminal act in its ranks or on its account, may have his punishment remitted.


Chapter Twenty

SPECIAL PRIVILEGES OF THE SOVEREIGN RULER OF RKG

Article 155.

The Sovereign Ruler of RKG may, at his own discretion, make changes, add amendments, and detract Articles from this code without consulting the legislature.

Article 156.

The Sovereign Ruler of RKG may, at his own discretion, declare pardon, amnesty, or reduction of a High Court’s imposed sentence.

Article 157.

The Sovereign Ruler of RKG is afforded the ability to dispense with due process at any time, and impose his own punishments, sanctions, and penalties on an offender.  The only exceptions to this rule apply to the death penalty, or crimes which may be penalized with a sentence of 24 months imprisonment.

Article 158.

The Sovereign Ruler of RKG may, at his own discretion, direct the High Court, or any other officials, to perform investigations, bring citizens to trial, or form inquiries.


Chapter Twenty-One

FINAL PROVISIONS


Article 159.

This law takes effect on 10 September 2004 (CE)