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Preklad ustanovení Trestného zákona č. 300/2005 Z.z. - anglický jazyk NEPREČÍTANÉ 

     
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    13.04.2010Spracoval: JUDr. Peter Sepeši
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    Act No. 300/2005 Coll. CRIMINAL CODE

    CHAPTER ONE - SCOPE OF THE ACT AND FOUNDATIONS OF CRIMINAL LIABILITY

    Division One - Criminal Code and its scope

    Section 2
    Applicability in time

    (1) The criminality of an act shall be determined and the punishment shall be imposed according to the law applicable at the time of its commission. Where several new laws have taken effect between the time of commission of the act and the delivery of judgment, the criminality of the act shall be determined and the punishment shall be imposed according to the law which is more favourable for the offender. (2) Where it is more favourable for the offender, he may receive a penalty provided for in the law which is in force at the time of the proceedings on the criminal offence. (3) Protective measures shall always be imposed pursuant to the legal provisions effective at the time of taking the decision on the relevant protective measure.

    Section 3
    Territorial applicability

    (1) This Act shall be applied to determine the criminal liability for a criminal offence committed on the territory of the Slovak Republic. (2) The criminal offence shall be considered as having been committed on the territory of the Republic even if the offender a) performed the action in whole or in part, on its territory, if the actual breach of or threat to an interest protected under this Act took place or was intended to take place, in whole or in part, outside of its territory, or b) committed the act outside of the territory of the Slovak Republic, if the actual breach of or the threat to an interest protected under this Act took place or was intended to take place, in whole or in part, outside of its territory. The Act shall be also applied to determine the criminality of an act committed outside of the territory of the Slovak Republic aboard a vessel registered under the flag of the Slovak Republic or aboard a plane entered in the aircraft register of the Slovak Republic.

    Personal applicability
    Section 4 

    This Act shall also be applied to determine the criminality of an act committed outside of the territory of the Slovak Republic by a Slovak national or a foreign national with permanent residency status in the Slovak Republic.

    Section 5

    This Act shall also be applied to determine the criminality of a particularly serious felony, if the act was committed outside of the territory of the Slovak Republic against a Slovak national, and if it carries criminal liability in the place of its commission, or if the place of its commission does not fall under any criminal jurisdiction.

    Section 6

    (1) This Act shall be applied to determine the criminality of an act committed outside of the territory of the Slovak Republic by a foreign national who does not have a permanent residency status in the Slovak Republic also where a)  the act carries criminal liability under the laws of the territory where it was committed, b) offender was detained or arrested in the territory of the Slovak Republic, and c) was not extradited to another State for prosecution. (2) However, the offender referred to in paragraph 1 may not receive a stricter punishment than that allowed under the law of the State on the territory of which the criminal offence was committed.

    Section 7
    Scope under international treaties

    (1) This Act shall be used to determine the criminality also when it is prescribed by an international treaty ratified and promulgated in a manner defined by law, which is binding for the Slovak Republic. (2) Provisions of Sections 3 through 6 shall not apply if their use is prohibited by an international treaty ratified and promulgated in a manner defined by law, which is binding for the Slovak Republic.

    Division Two - Foundations of criminal liability

    Subdivision One - Concept of a criminal offence and types of criminal offences

    Section 8
    Criminal Offence

     A criminal offence is any unlawful act that meets the elements set out in this Act, unless this Act provides otherwise.

    Section 9
    Types of criminal offences

    Criminal offences are minor offences and felonies.

    Section 10
    Minor offence

    (1) A minor offence is a) a criminal offence committed by negligence, or b) an intentional criminal offence for which the Special Part of this Act sets out a maximum custodial sentence of not more than five years. (2) The act shall not constitute a minor offence if it is of lesser seriousness in view of the mode of its commission and consequences, the circumstances of its commission, the degree of causation and the motivation of the offender.

    Section 11
    Felony

    (1) A felony is an intentional criminal offence carrying a maximum custodial penalty of more than five years according to the Special Part of this Act. (2) An intentional minor offence which, because of its seriousness, carries a maximum custodial penalty of more than five years shall also be deemed as a felony. (3) A felony carrying a custodial penalty of more than eight years under this Act shall be considered as a particularly serious felony.

    Culpability
    Section 15

    Intentional criminal offences are those where the offender a) acting in a manner defined in this Act, had the intent to infringe or prejudice an interest protected under this Act, or b) was aware that his act was likely to cause such infringement or prejudice and was prepared to accept that consequence should it occur.

    Section 16

    Criminal offences committed by negligence are those where the offender
    a) knew that by acting in a manner defined in this Act he could infringe or prejudice an interest protected under this Act, but presumed without good reasons that no such infringement or prejudice would be caused, or
    b) did not know that he could cause such infringement or prejudice although, considering the circumstances and his personal situation, he could and should have been aware of it.

    Section 17

    An act committed by a natural person shall carry criminal liability only in case of intentional causation, unless it is explicitly stated in this Act that causation by negligence is sufficient.

    Section 18

    Aggravating circumstances or other circumstances that attract a higher penalty shall be taken into account a) if they have a more serious consequence, including where the offender caused it by negligence, unless this Act provides for intentional causation, or b) if other considerations exist, even if the offender was not aware of them, although considering the circumstances and his personal situation he could and should have known them, unless this Act explicitly requires that the offender be aware of such circumstances.

    Subdivision Three - Circumstances excluding criminal liability

    Section 22
    Age

    (1) The person who has not reached the age of fourteen at the time of commission of the criminal offence may not be held criminally liable. (2) The person may not be held criminally liable of sexual abuse under Section 201 if he has not reached the age of fifteen at the time of its commission.

    Subdivision Four - Circumstances excluding unlawfulness of an act

    Section 30
    Performing the duties of an agent

    (1) An act otherwise considered as criminal, whereby an agent appointed in compliance with this Act endangers or infringes an interest protected under this Act in the course of disclosing a criminal offence or identifying its perpetrator, shall not constitute a criminal offence if he was forced to perform such act by the criminal group or the terrorist group in which he operates, or performed it out of fear for his life or health, or the life or health of a close person.
    (2) The provision of paragraph 1 shall not apply if the agent commits the criminal offence of premeditated murder pursuant to Section 144, murder pursuant to Section 145, rape pursuant to Section 199, sexual violence pursuant to Section 200, sexual abuse pursuant to Section 201, general endangerment pursuant to Section 284 paragraphs 2 to 4, endangering the safety of an aircraft or vessel pursuant to Section 291, hijacking an aircraft to a foreign country pursuant to Section 293, high treason pursuant to Section 311, plotting against the Slovak Republic pursuant to Section 312, terror pursuant to Sections 313 and 314, diversion acts pursuant to Sections 315 and 316, sabotage pursuant to Section 317, espionage pursuant to Section 318, genocide pursuant to Section 418, terrorism pursuant to Section 419, or acts against humanity pursuant to Section 425, or if he causes grievous bodily injury or death through an act defined in paragraph 1.
    (3) Acts otherwise defined as criminal in Sections 332 to 335 and Section 336 paragraph 2, carried out in compliance with the Code of Criminal Procedure in order to disclose criminal offences or identify the perpetrators of criminal offences defined in Sections 326, 328 to 331, or in Section 336 paragraph 1, shall not constitute criminal offences.

    CHAPTER TWO - SANCTIONS

    Division One - Types of sanctions

    Section 31
    Penalties and protective measures

    (1) Sanctions as defined in this Act shall consist of penalties and protective measures, imposed as a legal consequence of the commission of a criminal offence or an act otherwise considered as criminal. (2) Penalties shall involve the restriction of personal freedom, property rights or other rights of sentenced persons, and may be imposed on the offender only by a court for the commission of a criminal offence defined in this Act. (3) Protective measures shall involve the restriction of personal freedom or property rights of sentenced or other persons, and may be imposed only by a court to protect the society from criminal offences or acts considered as criminal under this Act.

    Section 32
    Types of penalties

    Offenders who are natural persons may be imposed only the following penalties by courts a) imprisonment, b) home arrest, c) community service, d) pecuniary penalty, e) forfeiture of property, f) forfeiture of a thing, g) prohibition of certain activities, h) ban from residence, i) loss of honorary titles and distinctions, j) loss of military or other rank, k) expulsion.

    Section 33
    Types of protective measures

    Protective measures are a) protective treatment, b) protective education, c) protective supervision, d) detention, e)confiscation of a thing.

    Division Two - Basic rules for the imposition of sanctions

    Section 34
    Rules for imposing penalties

    (1) Penalties serve the purpose of protecting the society from the perpetrators of crime by preventing them from continuing to commit crime and creating conditions for their re-education with a view to making them lead a regular life and, at the same time, discouraging other persons from committing crime; moreover, penalties express moral condemnation of the offenders by the society. (2) Offenders may be imposed only the type and degree of penalties that are provided for in this Act; a Special Part of this Act sets out the sentencing guidelines governing exclusively custodial sentences. (3) Penalties are intended to punish only the offender, so as to minimise the impact on the offender’s family and his close persons. (4) The courts determine the type and the degree of penalty mainly on the basis of the mode of the commission of crime and its consequences, culpability, motive, aggravating circumstances, mitigating circumstances, the person of the offender, his personal situation and rehabilitation potential. (5) In determining the type and amount of punishment, the court shall consider a) in the case of accomplices, also the extent to which the actions performed by each of them have contributed to the commission of the criminal offence, b) in the case of organisers, persons who commissioned the criminal offence, instigators, and abettors, also the importance and character of their participation in the commission of the offence, c) with regard to the preparation for and the attempt at committing an offence, also the extent to which the actions performed by the offender have brought the criminal offence nearer to its completion as well as the circumstances and reasons for its non-completion. (6) The penalties referred to in Section 32 may be imposed separately or concurrently. The courts shall have to impose custodial sentences for every criminal offence which, according to the Special Part of this Act, carries a maximum custodial penalty of at least five years. (7) The following penalties may not be imposed concurrently: a) imprisonment and home arrest, b) imprisonment and community service, c) pecuniary penalty and forfeiture of property, d) forfeiture of a thing and forfeiture of property, e) ban from residence and expulsion. (8) When the court delivers a life sentence, it may also decide not to grant the possibility of parole to the offenders who a) committed two or more particularly serious felonies, b) meet two or more parallel conditions warranting the application of a higher sentencing rate, c) committed the criminal offence as members of a criminal group or a terrorist group, or d) were already punished for committing the criminal offence referred to in Section 47 paragraph 2.

    Section 35
    Rules for imposing protective measures

    (1) Protective measures may be imposed on the perpetrators of criminal offences either in conjunction with a penalty or, even if the penalty has been waived, as separate measures if they guarantee the protection of the society from the offender better than a penalty. (2) When imposing protective measures, it shall be necessary to minimise their impact on the person’s family and close persons. (3) Protective measures may be imposed also on the perpetrators of acts considered as criminal or on other persons if they are necessary to protect the society from the commission of more criminal offences. (4) Protective supervision may not be imposed in combination with protective education. (5) When imposing protective measures, the courts shall not be guided by the principle of proportionality with regard to the committed act, but by the need to protect the society, and the need for treatment, education, or the need to complete the re-education of the offender or other person. (6) Protective measures shall have to be withdrawn as soon as they have attained their purpose, or upon the expiry of the period for which they were imposed, or after the sentenced or other person has reached the age prescribed by law. Mitigating circumstances and aggravating circumstances

    Section 36

    Mitigating circumstances shall be as follows: a) the offender has committed the criminal offence in a state of justified emotional distress, b) the offender has committed the criminal offence because of the lack of knowledge or experience, c) the offender has committed the criminal offence due to the consequences of an illness, d) the offender has committed the criminal offence at an age close to that of juveniles or as an elderly person, if this fact had an influence on his mental or volitional ability, e) the offender has committed the criminal offence under the pressure of dependency or subordination, f) the offender has committed the criminal offence under threat or duress, g) the offender has committed the criminal offence due to an emergency that he did not bring about himself, h) the offender has committed the criminal offence under the influence of a stressful personal or family situation which he did not cause himself, i) the offender has committed the criminal offence trying to avert an attack or other danger, or acting under the circumstances which, subject to the fulfilment of other conditions, exclude criminal liability without, however, fully meeting the requirements of necessary defence, extreme emergency, exercising the rights or performing the duties without the consent of the victim, authorised use of a weapon, permitted risk, or executing the duties of an agent, j) the offender led a regular life before he committed the criminal offence, k) the offender contributed to the elimination of adverse effects of the criminal offence or voluntarily offered compensation for inflicted damage, l) the offender confessed to having committed the criminal offence and sincerely regrets its commission, m) the offender reported his criminal offence to the authorities, n) the offender co-operated with the competent bodies in the investigation of his criminal activities, or o) the offender contributed to identifying or convicting an organised group, a criminal group, or a terrorist group.

    Section 37

    Aggravating circumstances shall be as follows: a) the offender has committed the criminal offence due to a particularly despicable reason, b) c) the offender has committed the criminal offence to prevent or frustrate the exercise of another person’s fundamental rights or freedoms, or to facilitate or cover up for another criminal offence, d) the offender has committed the criminal offence during a natural disaster or other extraordinary event seriously endangering the lives or health of people, other fundamental rights and freedoms, the constitutional system, property, public order or morality, e) the offender has abused his employment, occupation, function or position to obtain an unlawful or undue advantage, f) the offender has committed the criminal offence in public, g) the offender has committed the criminal offence in a place which enjoys special protection under a generally binding legal act, in particular the house or flat of another person, h) the offender has committed more than one criminal offence, i)  the offender has misused a person who is not criminally liable to commit the criminal offence, j) the offender has incited a juvenile to committing a criminal offence, k) the offender has committed the criminal offence as its organiser, l) the offender has committed the criminal offence in association with a foreign power or a foreign official, or m) the offender was already sentenced for a criminal offence; the court, considering the nature of the previous conviction, may decide not to consider it as an aggravating circumstance.

    Section 38

    (1) The circumstances that constitute the statutory elements of a criminal offence may not be considered as mitigating circumstances, aggravating circumstances or as the circumstances warranting a lower than minimum statutory penalty or as the circumstances warranting a higher penalty. (2) When determining the type and degree of penalty, the court must take account of the relative weight and importance of mitigating and aggravating circumstances. (3) If the weight of mitigating circumstances prevails, maximum statutory penalty shall be reduced by one third. (4) If the weight of aggravating circumstances prevails, minimum statutory penalty shall be increased by one third. (5) In case of a repeated felony, the statutory penalty shall be increased by one half and the provision of paragraph 4 shall not apply. (6) In case of repeated commission of a particularly serious felony, the statutory penalty shall be increased by two thirds and the provisions of paragraphs 4 and 5 shall not apply. (7) The provisions of paragraphs 4 to 6 shall not apply in case of concurrent sentences or cumulative sentences pursuant to Section 41 paragraph 2 or Section 42 if the parallel application of these provisions were inappropriately harsh on the offender. (8) Maximum penalty shall be reduced or minimum penalty shall be increased in cases defined in paragraphs 3 to 6 only within the applicable statutory penalty range; the basis for reducing or increasing the penalty shall be the difference between the maximum and the minimum statutory penalty.
    Maximum statutory penalty may not be reduced, nor may minimum statutory penalty be increased in case of criminal offences which, according to the Special Part of this Act, carry a custodial penalty of twenty-five years or life imprisonment.

    Section 39

    Exceptional reduction of custodial penalties (1) If, given the circumstances of the case or personal situation of the offender, the court believes that the imposition of a custodial penalty pursuant to this Act would be inappropriately harsh and that a shorter-term punishment would be sufficient to protect the society, it may reduce the term of imprisonment below the minimum rate set out in this Act. (2) The court may also reduce the term of imprisonment below the minimum rate set out in this Act also when sentencing an offender a) for preparing a felony or for an attempted criminal offence if it believes that, considering the nature and gravity of preparation or attempt, a custodial sentence pursuant to this Act would be inappropriately harsh and that a shorter-term punishment would be sufficient to protect the society, b) who has significantly contributed to clarifying a criminal offence committed for the benefit of a criminal group or a terrorist group, or who helped prevent the commission of a criminal offence prepared or attempted by another person for the benefit of a criminal group or a terrorist group by reporting those other persons’ actions to criminal procedure authorities and providing them with information they would be otherwise unable to obtain, thus enabling them to prevent or mitigate the consequences of the criminal offence, identify or convict its perpetrators, and secure the evidence of the criminal offence with a view to the conviction of a criminal group or a terrorist group, c) who has committed a criminal offence in a state of diminished sanity and the court is of the opinion that, considering the offender’s health condition, the purpose of protecting the society can be achieved also by a reduced penalty and protective treatment; the court shall impose a reduced penalty and concurrent protective treatment without being bound by the restrictions set out in paragraph 3, d) in plea bargain proceedings, or e) who has made a particularly significant contribution to clarifying the criminal offence of corruption according to the relevant sections of Chapter VIII Division Three of this Act, the criminal offence of establishing, masterminding or supporting a criminal group pursuant to Section 296, the criminal offence of establishing, masterminding or supporting a terrorist group pursuant to Section 297, or a particularly serious felony committed by an organised group, a criminal group or a terrorist group, or to identifying or convicting perpetrators of such criminal offences by providing evidence thereof in criminal proceedings, if the court believes that, considering the nature and degree of the crime committed, the purpose of punishment can be achieved also by a reduced penalty; custodial penalty may not be reduced below the minimum rate for a person who organised, instigated or commissioned a crime of which he has submitted evidence in criminal proceedings. (3) However, when considering less than statutory penalty, the court may not impose a) a custodial penalty of less than twenty years if the offender is convicted of criminal offence of premeditated murder pursuant to Section 144 paragraph 3, genocide pursuant to Section 418 paragraph 3, terrorism pursuant to Section 419 paragraph 2, acts against humanity pursuant to Section 425 paragraph 2, or war atrocity pursuant to Section 433 paragraph 2, b) a custodial penalty of less than eight years if the Special Part of this Act sets out an imprisonment sentence of at least fifteen years, c) a custodial penalty of less than five years if the Special Part of this Act sets out an imprisonment sentence of at least ten years, d) a custodial penalty of less than two years if the Special Part of this Act sets out an imprisonment sentence of at least five years, e) a custodial penalty of less than six months if the Special Part of this Act sets out an imprisonment sentence of less than five years, f) prohibition of certain activities, ban from residence, or expulsion for a period of less than six months. (4) In plea bargaining proceedings, the court may impose a custodial sentence that is one third lower than a minimum statutory penalty or, in case of criminal offences referred to in paragraph 3(a), a custodial penalty of at least twenty years.

    Section 40
    Waiver of punishment

    (1) The punishment of the perpetrator of a minor offence that did not result in death or grievous bodily injury may be waived if the offender confessed to having committed the minor offence, shows contrition, and makes effective effort at his rehabilitation and if, considering the nature of the minor offence and the previous life of the offender, it may be reasonably expected that the hearing of his case before the court will be in itself sufficient to guarantee his rehabilitation, the court accepts the guarantee of the offender’s rehabilitation and believes that no penalty needs to be imposed in view of the educational influence of the person who has offered such guarantee, the nature of the minor offence, and the personality of the offender, or the offender committed the minor offence in a state of diminished sanity and the court believes that protective treatment will guarantee the protection of the society and rehabilitation of the offender more effectively than a penalty; this shall not apply if the offender has induced the state of diminished sanity himself under the influence of an addictive substance. (2) The offender whose punishment has been waived pursuant to paragraph 1 shall be treated as if not convicted.

    Pecuniary penalty
    Section 56

    (1) The court may impose a pecuniary penalty of not less than 5,000 SKK and not more than 10,000,000 SKK on the perpetrator of an intentional criminal offence whereby he gained or tried to gain property benefits. (2) In the absence of the conditions referred to in paragraph 1, the court may impose a pecuniary penalty for a minor offence if, in view of the character of the offence and the potential for rehabilitating the offender, it decides not to impose a custodial penalty. (3) The court may, taking account of the amount of the pecuniary penalty and the personal and property situation of the offender, allow the payment of the pecuniary penalty in monthly instalments. At the same time, the court shall determine the amount of instalments and the time limit for the payment of the pecuniary penalty, which may not be longer than one year from the date on which the convicting judgment became final. (4) The pecuniary penalty that the sentenced person has already paid shall be credited towards the new pecuniary penalty imposed in respect of the same offence, or the penalty imposed as a cumulative or concurrent sentence. (5) The court shall not impose a pecuniary penalty if this would obstruct the payment of the compensation for damage caused by the criminal offence.

    Section 57

    (1) In determining the amount of the pecuniary penalty, the court shall also consider the personal and property situation of the offender. It shall not impose a pecuniary penalty if it is obvious that it cannot be paid. (2) The paid pecuniary penalty shall constitute the revenue for the State. (3) In addition to imposing a pecuniary penalty, the court shall deliver an alternative custodial penalty of up to five years, to be executed should the execution of the pecuniary penalty be deliberately prevented. The combination of such alternative penalty and the imposed custodial penalty may not exceed the statutory sentencing range. (4) If the alternative penalty would exceed the range referred to in paragraph 3, or if a pecuniary penalty is imposed in combination with life imprisonment, the court shall impose no alternative penalty.

    Forfeiture of property
    Section 58

    (1) Taking account of the circumstances under which the criminal offence was committed and the personal situation of the offender, the court may order the forfeiture of property of the offender whom it sentences to life imprisonment or to unconditional imprisonment for a particularly serious felony through which the offender gained or tried to gain large-scale property benefits or caused large-scale damage. (2) The court may order the forfeiture of property even in the absence of the conditions referred to in paragraph 1 when sentencing perpetrators of criminal offences of illicit production of narcotics or psychotropic substances, poisons or precursors, possession and trafficking pursuant to Section 172 paragraphs 2, 3 or 4, laundering the proceeds of crime pursuant to Section 233, establishing, masterminding and supporting a criminal group pursuant to Section 296, establishing, masterminding and supporting a terrorist group pursuant to Section 297, or accepting a bribe pursuant to Section 328 paragraph 2 or Section 329 paragraphs 2 or 3, if it is proven that the offender has acquired his property or part thereof from the proceeds of crime. Section 59 The penalty of the forfeiture of property shall be imposed in respect of the entire property of the sentenced person or any part thereof determined by the court; property forfeiture shall, however, not apply to the means or things which constitute essential life necessities of the sentenced person or of persons that he is legally in charge of. This type of penalty may not be imposed if it would prevent the compensation for the damage caused by the criminal offence. (2) The forfeited property shall, unless the court decides otherwise on the basis of a promulgated international treaty binding for the Slovak Republic, become a property of the State. (3) The final decision on the forfeiture of property shall result in the dissolution of community property of spouses.

    Section 60
    Forfeiture of a thing

    (1) The court shall order the forfeiture of a thing which was a) used to commit the criminal offence, b) intended to be used to commit a criminal offence, c) obtained by means of a criminal offence or as remuneration for committing a criminal offence, or d) obtained by the offender in exchange for a thing referred to in(c). (2) If the thing referred to in paragraph 1 is inaccessible or unidentifiable, or is merged with the property of the offender or with the property of another person obtained by lawful means, the court may impose the forfeiture of a thing whose value corresponds to the value of the thing referred to in paragraph 1. (3) An inaccessible thing shall mean a thing that has been destroyed, damaged, lost, stolen, rendered unusable, consumed, hidden, transferred to another person for the purpose of excluding it from the competence of criminal procedure authorities, or a thing removed in a different manner, or the costs saved. (4) A thing within the meaning of paragraph 1 shall also mean the proceeds of crime, as well as profits, interests or other benefits arising from such proceeds or things. (5) The court may impose the sentence of forfeiture of a thing only if the thing belongs to the offender. (6) The forfeited thing shall, unless the court decides otherwise on the basis of a promulgated international treaty binding for the Slovak Republic, become a property of the State. (7) Paragraph 1 shall not apply if: a) the victim is entitled to a compensation for damage caused by the offence, which the forfeiture of a thing would make impossible, b) the value of the thing is manifestly disproportionate to the gravity of the minor offence, or c) the court waives the punishment of the offender.

    Section 83
    Confiscation of a thing

    In case that the sanction of the forfeiture of a thing referred to in Section 60 paragraph 1 was not imposed, the court shall order the confiscation of such a thing if a) it belongs to the offender who cannot be prosecuted or sentenced, b) it belongs to an offender whose punishment the court waived, or an offender whose prosecution was stayed, or an offender whose prosecution was conditionally stayed, or an offender whose prosecution was stayed due to the conclusion of a conciliation agreement, (c) it consists of goods that are not marked with control stamps or goods that were not subjected to other technical control measures required by generally binding legal acts for taxation purposes, (d) the circumstances of the case justify the presumption that the thing could be used as a source to finance terrorism, or (e) this is necessary with regard to the security of people or property or other similar general interest. (2) The confiscated thing shall, unless the court decides otherwise on the basis of a promulgated international treaty binding for the Slovak Republic, become a property of the State. (3) The provision of paragraph 1 shall not apply if: a) the victim is entitled to the compensation for damage caused by the offence, which the confiscation of the thing would render impossible, b) the value of the thing is manifestly disproportionate to the gravity of the minor offence.

    CHAPTER THREE - EXTINCTION OF PUNISHABILITY AND OF PENALTY

    Effective contrition
    Section 85

    Punishability of criminal offences of spreading dangerous human infectious diseases pursuant to Section 163, endangering health by defective food or by other objects pursuant to Section 168, taking a hostage pursuant to Section 185, laundering the proceeds of crime pursuant to Sections 233, 234, breach of duties in the administration of another person’s property pursuant to Section 238, violation of regulations governing the circulation of goods in relations with other countries pursuant to Section 254, violation of regulations governing the handling of controlled goods and technologies pursuant to Sections 255, 256 and 257, endangering foreign exchange management pursuant to Section 258, reporting distorted financial or commercial data pursuant to Section 260, damaging the financial interests of the European Communities pursuant to Section 263, endangering trade, bank, postal, telecommunications or tax secrecy pursuant to Section 264, tax and insurance fraud pursuant to Section 276, general endangerment pursuant to Section 284, damaging and endangering the operation of a public facility pursuant to Section 286, endangering or damaging the environment pursuant to Sections 300 and 301, high treason pursuant to Section 311, plotting against the Slovak Republic pursuant to Section 312, terror pursuant to Sections 313 and 314, diversion acts pursuant to Section 315 and 316, sabotage pursuant to Section 317, espionage pursuant to Section 318, endangering classified information pursuant to Sections 319 and 320, endangering confidential or exclusive information pursuant to Section 353, prison insurrection pursuant to Section 358, spreading alarming news pursuant to Sections 361 and 362, genocide pursuant to Section 418, terrorism pursuant to Section 419, acts against humanity pursuant to Section 425, and using prohibited means of combat and unlawful conduct of combat pursuant to Section 426 shall become extinct if the offender voluntarily prevented or remedied harmful consequences of the criminal offence, or reported the criminal offence in sufficient time to prevent its harmful consequences; such report must be filed with a body active in criminal proceedings or the Police Corps or, in case of members of the armed forces, also with their commanding officers or service body, and in case of sentenced and remand prisoners, with an officer of the Corps of Prison and Court Guard.

    Section 86

    Punishability of the following criminal offences shall also become extinct ... f) active bribery pursuant to Sections 332, 333, 334 or 335 and indirect corruption pursuant to Section 336 paragraph 2, if the offender provided or promised a bribe only because it was solicited, and he voluntarily and without delay reported this fact to a body active in criminal proceedings or to the Police Corps or, in case of members of the armed forces, also to their commanding officers or service body, and in case of sentenced and remand prisoners, with an officer of the Corps of Prison and Court Guard.

    Limitation of criminal proceedings
    Section 87

    (1) Punishability of an act shall become statute-barred on the expiry of the limitation period which is a) thirty years in case of a felony for which this Act allows life imprisonment, b) twenty years in case of a felony for which the Special Part of this Act allows a maximum custodial penalty of at least ten years, c) ten years in case of other felonies, d) five years in case of a minor offence for which the Special Part of this Act allows a maximum custodial penalty of at least three years, e) three years in case of other minor offences. (2) The limitation period shall not include a) the period during which the offender could not be made to stand trial because of legal impediments, b) the period during which the offender stayed abroad with the intention to avoid criminal prosecution, c) the probationary period in case of a conditional stay of criminal prosecution, d) the period during which the bringing of indictment was temporarily postponed, e) the period during which the criminal prosecution was interrupted. (3) Limitation of criminal prosecution shall be interrupted a) by the bringing of an indictment for the criminal offence which is subject to the limitation, and by the subsequent acts of criminal procedure authorities, a judge for pre-trial proceedings, or the court connected with the criminal prosecution of the offender, or b) when the offender commits an intentional criminal offence in the course of the limitation period. (4) A new period of limitation shall commence to run as from the date of interruption of the initial limitation period.

    Section 88

    The expiry of the limitation period shall not result in the extinction of punishability for criminal offences set out in Chapter XII of the Special Part of this Act, except for the criminal offence of supporting and promoting groups leading to the suppression of fundamental rights and freedoms pursuant to Sections 421 and 422, criminal offence of defamation of a nation, race or conviction pursuant to Section 423, and the criminal offence of incitement to national, racial or ethnic hatred pursuant to Section 424.  

    CHAPTER FIVE - DEFINITIONS OF TERMS

    Division One - General terms

    Damage
    Section 124

    (1) For the purposes of this Act, damage shall mean harm to property or actual loss of assets or prejudice to the rights of the victim or other harm, which has a causal relationship with the criminal offence irrespective of whether the harm has been caused to a thing or to the rights. For the purposes of this Act, damage shall also mean benefits gained in causal relationship with the criminal offence. (2) Damage within the meaning of paragraph 1 shall also mean the loss of profit to which the victim, considering the circumstances and his personal situation, would otherwise be entitled or could reasonably expect to obtain. (3) In case of criminal offences against the environment, damage shall mean the combined environmental harm and property damage; property damage shall also comprise the costs of restoring the environment to its original state. In case of the criminal offence of illegal handling of waste pursuant to Section 302, the scope of the offence shall be determined on the basis of customary price charged at the time and place of the offence for the collection, transport, export, import, recycling, disposal or dumping of waste, and the price charged for the removal of waste from the site that is not designated for dumping.

    Section 125

    (1) Small damage shall mean the damage amounting to more than SKK 8,000. Larger damage shall mean the damage which is at least ten times higher than the aforesaid amount. Substantial damage shall mean the damage which is at least one hundred times higher than the aforesaid amount. Large-scale damage shall mean the damage which is at least five hundred times higher than the aforesaid amount. These aspects shall be also used to determine the amount of benefit, the value of a thing, and the scope of the offence. (2) Where the Special Part of this Act requires that the basic elements of the criminal offence include infliction of damage as a property consequence of the criminal offence without specifying its amount, such damage shall be understood as at least a small damage.

    Section 126

    (1) The amount of damage shall be determined on the basis of customary price at which the damaged thing is sold at the time and place of the offence. Where the amount of damage cannot be determined as stated above, it shall be determined on the basis of costs that would be reasonably incurred to obtain an identical or a similar thing, or to restore the thing to its original state. (2) In case of environmental damage, harm to protected species of animals and plants, specimens or wood species, or damage to the things protected as monuments, or the things of historical, artistic or scientific value, the degree of harm or the amount of damage shall be determined also taking account of the value of such thing as defined by a law or other generally binding legal act issued on the basis of a law. (3) Where the amount of damage or the degree of harm cannot be determined by applying any of the provisions of paragraphs 1 or 2, or where there are serious reasons to doubt the accuracy of the amount of damage or the degree of harm thus determined, they shall be established on the basis of a professional opinion or a certificate issued by a legal entity whose competence or line of activity offers a guarantee of objective determination of damage or harm; otherwise, the amount of damage shall be determined on the basis of an expert opinion.

    Section 128

    (1) For the purposes of this Act, public officials shall mean the President of the Slovak Republic, members of the National Council of the Slovak Republic, members of the European Parliament, members of the Government, judges of the Constitutional Court of the Slovak Republic, judges, prosecutors or other persons holding an office in a body of public authority, members of the armed forces, persons in a service relationship, mayors, heads of self-governing regional authorities, members of local or regional self-governing authorities, civil servants and employees of State administration authorities, of local or regional self-governing authorities or of other State authorities, persons exercising the competencies of legal entities that have a statutory authority to make decisions in the area of public administration, notaries, court executors, members of forest guard, water guard, fishery guard, hunting guard, nature guard or persons authorised to act as nature guard, when they participate in the fulfilment of the duties of the society and of the State exercising the competencies they have been granted with a view to the responsible fulfilment of such duties. Criminal liability and protection of public officials under relevant provisions of this Act require that the offence be committed in connection with the exercise of their powers and responsibilities.
    Public officials shall also include the judges and officials of international judicial bodies recognised by the Slovak Republic and the functionaries and other officials of criminal justice authorities of other States, of the bodies of the European Union or the bodies established jointly by Member States of the European Union, who carry out criminal procedure duties for such other States or bodies; to be entitled to the protection under the provisions of this Act, they must carry out criminal procedure duties in conformity with the applicable international treaties or with the consent of Slovak authorities. (2) For the purposes of this Act, foreign public officials shall mean any person holding an office a) in the legislature, a judicial authority or a public administration authority of a foreign country including the head of State, or b) in a legal entity in which a foreign country exercises a decisive influence or in the international organisation established by States or another subjects of public international law, if the performance of their office also includes the competencies for running public affairs, and the criminal offence has been committed in connection with such competencies. Thing

    Section 130

    (1) For the purposes of this Act, a thing shall mean a) a movable or immovable thing, dwelling or non-residential premises, or animals, unless the relevant provisions of this Act provide otherwise, b) a controllable force of nature or energy, or c) a security paper irrespective of its form. (2) Intangible information, computer data or video recording on a technical medium shall also be considered as things. (3) For the purposes of this Act, an entrusted thing shall mean a thing owned by another person, which the offender is authorised to use under a contract, or which the offender has in his possession in order to perform certain tasks as instructed by the owner of the thing, with the obligation to use it only for agreed purposes or return it to the owner under agreed conditions. (4) For the purposes of this Act, misappropriation of a thing shall mean divesting the owner or other person who has legal possession of the thing of the right to dispose with that thing without consent and with the intent to dispose with it as with one’s own. (5) For the purposes of this Act, addictive substances shall mean alcohol, narcotics, psychotropic substances and other substances capable of exerting adverse effects on one’s mental state and self-control or recognition abilities, or on one’s social conduct. (6) For the purposes of this Act, means of public transport shall mean the things with the capacity to transport at least nine persons.

    Section 131

    (1) For the purposes of this Act, a thing of general interest shall mean an interest that transcends the framework of individual rights and interests of individuals, and is important for the society. (2) For the purposes of this Act, the handling of waste shall mean the collection, transportation, export, import, recycling, disposal and dumping of waste. (3) For the purposes of this Act, a bribe shall mean a thing or other transaction of property or non-property nature to which there is no legal entitlement. (4) For the purposes of this Act, a public deed shall mean a written document issued on the basis of a law by a State authority or other authority of public power within its competence, which gives rise to, modifies or extinguishes the rights or obligations or confirms their creation, modification or extinction, or certifies the identity of a person or thing, their status, properties or capacities, or legally protected interests.

    Section 133
    Foreign powers and foreign officials

    (1) For the purposes of this Act, foreign powers shall mean foreign States and their military or other groupings represented by their organisations and bodies, in particular by persons carrying out intelligence activities, military officials, diplomats and other civil servants. (2) For the purposes of this Act, a foreign official shall mean a natural person or a legal entity which, although not being a body or a representative of a foreign State, has nevertheless an important influence in his State or in international relations because of his political, economic or social status.

    Laundering of the proceeds of crime
    Section 233

    (1) Any person who performs any of the following with regard to income or other property obtained by crime with the intent to conceal such income or things, disguise their criminal origin, conceal their intended or actual use for committing a criminal offence, frustrate their seizure for the purposes of criminal proceedings, forfeiture or confiscation: a) transfers to himself or to another person, lends, borrows, transfers in a bank or a subsidiary of a foreign bank, imports, transits, delivers, transfers, leases or otherwise procures for himself or other person, or b) holds, hides, conceals, uses, consumes, destroys, alters or damages, such proceeds or property shall be punished by imprisonment for a term of two to five years. (2) The offender shall be punished by imprisonment for a term of three to eight years if he commits the act referred to in paragraph 1 a) for a particular reason, or b) if he thus gains larger benefits for himself or for other person. (3) The offender shall be punished by imprisonment for a term of seven to twelve years if he commits the act referred to in paragraph 1 a) as a public official, b) and thus gains substantial benefits, or c) as a result of more serious misconduct. (4) The offender shall be punished by imprisonment of twelve to twenty years if he commits the act referred to in paragraph 1 a) and thus gains large-scale benefits for himself or for other person, b) in relation to the things that originate in the trade in narcotics, psychotropic, nuclear substances or high-risk chemical substances, weapons, people or in another particularly serious felony, or c) as a member of a dangerous grouping.

    Section 234

    (1) Any person who fails to inform or report a) the facts indicating that other person has committed the criminal offence of laundering the proceeds of crime according to Section 233, or b) an unusual business transaction, although he has such obligation by virtue of his employment, profession, position or function, shall be punished by imprisonment for a term of two to eight years. (2) The act referred in paragraph 1 shall not be punishable if the offender cannot make the information or report without the risk of criminal prosecution against himself or a close person.  

    Breach of obligations in the management of foreign assets
    Section 237

    (1) Any person, who causes a small damage by breaching a generally bind legal regulation of appointed obligation or obligation ordered by courts final judgment or being contracted to guard or manage the foreign assets, shall be punished by imprisonment for a term of up to two years. (2) The offender shall be punished by imprisonment for a term of one to five years, if he commits an offence referred in paragraph 1. a) and more serious misconduct b) out of personal motive (3) The offender shall be punished by imprisonment for a term of three to ten years, if he commits an offence referred in paragraph 1 a) and causes a considerable damage, or b) by more serious way of acting (4) The offender shall be punished by imprisonment for a term of ten to fifteen years, if he commits an offence referred in paragraph 1 a) causes a damage on a large scale, or b) as a member of a dangerous group.

    CHAPTER FIVE - ECONOMIC CRIMINAL OFFENCES

    Title Two - Criminal offences against economic discipline

    Distortion of data in financial and commercial records
    Section 259

    (1) Whoever presents false or grossly distorted data concerning important facts in statement, reports, input data entered into the computer or other documents which serve for a) statistical verification with the intention to obtain undue advantages for himself or other persons, b) employee records with the intention to obtain undue advantages for himself or other persons, c) the control of accounting records, d) the control of the use of subsidies or other State budget allocations, allocations from the budgets of public service institutions, State funds, upper-tier territorial units or municipalities, e) assessing the value of property or securities being transferred or assigned to other persons, f) bankruptcy, composition, restructuring or write-off of debt, g) entry into the business register or land register, motor vehicles register or other register on the basis of a special law, shall be punished by imprisonment for a term of six month to three years. (2) The same sentence shall be imposed on any person who with the intent referred to in paragraph 1 a) interferes with computer hardware or software, or b) destroys, damages, conceals, renders unusable or fails to keep the records referred to in paragraph 1. (3) The offender shall be punished by imprisonment for a term of three to eight years if he commits an act referred to in paragraphs 1 or 2 a) and causes substantial damage, b) as a result of more serious misconduct, or c) for a particular reason. (4) The offender shall be punished by imprisonment of five to twelve years if he commits the act referred in paragraphs 1 and 2 a) and causes large-scale damage, or b) causes a particularly serious disturbance to the running of the economy of the Slovak Republic or other particularly serious consequence.

    Section 260

    Any person who by negligence commits the criminal offence of distorting data in financial and commercial records pursuant to Section 259 paragraph 1 above except for (a) and/or (b), thus causing large-scale damage, shall be punished by imprisonment for a term of three to eight years.

    Damaging financial interests of the European Communities
    Section 261

    (1) Any person, who uses or presents a false, incorrect or incomplete statement or document or fails to provide mandatory data or uses funds from the general budget of the European Communities or budgets managed by or on behalf of the European Communities for purposes other than those for which they were originally intended and thus allows embezzlement or illegal withholding of funds from the aforesaid budget shall be punished by imprisonment for a term of six months to three years. (2) The offender shall be punished by imprisonment for a term of one to five years if he commits the act referred to in paragraph 1 a) and causes larger damage, b) for a particular reason, or c) as a result of more serious misconduct. (3) The offender shall be punished by imprisonment for a term of three to eight years if he commits the act referred to in paragraph 1 and causes substantial damage. (4) The offender shall be punished by imprisonment for a term of seven to twelve years if he commits the act referred to in paragraph 1 a) and causes large-scale damage, or b) as a member of a dangerous grouping.

    Section 262

    (1) Any person who by breaching or failing to comply with an obligation resulting from his employment, occupation, position or function in the management or supervision of his subordinates enables the commission of the criminal offence referred to in Section 261 paragraph 1 shall be punished by imprisonment for a term of up to two years. (2) The offender shall be punished by imprisonment for a term of one to three years if, through the commission of the offence referred to in paragraph 1, he causes substantial damage. (3) The offender shall be punished by imprisonment for a term of one to five years if, through the commission of the offence referred to in paragraph 1, he causes large-scale damage.

    Section 263

    (1) Any person who by negligence causes damage to the financial interests of the European Communities referred to in Section 261 paragraph 1 shall be punished by imprisonment for a term of up to one year. (2) The offender shall be punished by imprisonment for a term of one to three years if, through the commission of the offence referred to in paragraph 1, he causes substantial damage.

    Deceitful practices in public procurement and public auction
    Section 266

    (1) Any person who, in connection with public procurement or public auction, breaches a generally binding legal act on public procurement or public auction with the intent to cause damage to another person or to obtain benefits for himself or another person, or secures preferential treatment or more advantageous terms for certain tenderers in public procurement or bidders in public auction at the expense of other tenderers or bidders, shall be punished by imprisonment for a term of between six months to three years. (2) The offender shall be punished by imprisonment for a term of two to eight years if he commits the act referred to in paragraph 1 a) and causes substantial damage, b) for a particular reason, c) as the announcer or organiser of public procurement or of a public auction, member of a privatisation commission, auctioneer, d) and requests, accepts or solicits a pledge of property or other benefit, or e) as a result of more serious misconduct. (3) The offender shall be punished by imprisonment for a term of seven to twelve years if he commits the act referred to in paragraph 1 a) and causes large-scale damage, b) as a member of a dangerous grouping.

    Section 267

    Any person who uses deceitful practices in public procurement, namely if he forces another person, through more serious misconduct, to refrain from taking part in public procurement, provides, offers or promises a property or other benefit to another person for not taking part in public procurement, or requests or accepts a property or other benefit for refraining from taking part in public procurement, shall be punished by imprisonment for a term of one to five years.

    Section 268

    Any person who uses deceitful practices in public auctions, namely if he a) forces another person, through more serious misconduct, to refrain from submitting bids in an auction, b) provides, offers or promises a property or other benefit to another person for not submitting bids in a public auction, or c) requests or accept a property or other benefit for refraining from submitting a bid in a public auction, shall be punished by imprisonment for a term of one to five years.

    CHAPTER EIGHT - CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC AFFAIRS

    Division Two - Criminal offences committed by public officials

    Section 326
    Abuse of power by a public official

    (1) A public official who, with the intent to cause damage to other person, or to obtain undue benefits for himself or other person, a) exercises his powers in an unlawful manner, b) exceeds his legal authority, or c) fails to fulfil a duty resulting from his legal authority or from a court decision, shall be punished by imprisonment for a term of two to five years. (2) The offender shall be punished by imprisonment for a term of four to ten years if he commits the act referred to in paragraph 1 a) as a result of more serious misconduct, b) against a protected person, or c) because of a particular reason. (3) The offender shall be punished by imprisonment for a term of seven to twelve years if he commits the act referred to in paragraph 1 a) and causes grievous bodily harm or death, b) and causes substantial damage, or c) in order to obstruct or hinder the exercise of fundamental rights and freedoms of another person. (4) The offender shall be punished by imprisonment for a term of ten to twenty years if he commits the act referred to in paragraph 1 a) and causes grievous bodily harm to several persons or the death of several persons, b) and causes large-scale damage, c) in a crisis situation.

    Section 327
    Obstructing the performance of duties by public officials

    (1) A public official who obstructs the performance of an important duty in the exercise of his authority shall be punished by imprisonment for a term of up to two years. (2) The offender shall be punished by imprisonment for a term of one to five years if by committing the act referred to in paragraph 1 he causes substantial damage or other particularly serious consequence.

    Division Three - Corruption

    Accepting a bribe
    Section 328

    (1) Any person who, either directly or through an intermediary, receives, requests or accepts the promise of a bribe for himself or another person for acting or refraining from acting and thus violates his duties resulting from his employment, occupation, position or function shall be punished by imprisonment for a term of two to five years. (2) The offender shall be punished by imprisonment for a term of three to eight years if he commits the criminal offence referred to in paragraph 1 as a result of more serious misconduct. (3) The offender shall be punished by imprisonment for a term of seven to twelve years if he commits the criminal offence referred to in paragraph 1 at a large scale.

    Section 329

    (1) Any person who, in connection with the procurement of a thing of general interest, receives, requests or accepts the promise of a bribe for himself or for another person, either directly or through an intermediary, shall be punished by imprisonment for a term of three to eight years. (2) The offender shall be punished by imprisonment for a term of five to twelve years if he commits the offence referred in paragraph 1 as a public official. (3) The offender shall be punished by imprisonment for a term of ten to fifteen years if he commits the offence referred in paragraph 1 or 2 at a large scale. Section 330 (1) Any person, who as a foreign public official receives, requests or accepts the promise of a bribe in connection with his official duties, either directly or through an intermediary, in order to provide or maintain an undue advantage in an international business transaction, shall be punished by imprisonment for a term of five to twelve years. (2) The offender shall be punished by imprisonment for a term of ten to fifteen years if he commits the offence referred in paragraph 1 at a large scale.

    Section 331

    (1) Any person who, as a member of a foreign parliamentary assembly, judge or official of an international judicial institution recognised by the Slovak Republic, or a representative or employee of an international, supranational, intergovernmental organisation or institution of which the Slovak Republic is a member or with which the Slovak Republic has a contractual relationship, or as a person in a similar position receives, requests or accepts the promise of a bribe in connection with the exercise of his office, either directly or through an intermediary, shall be punished by imprisonment for a term of five to twelve years. (2) The offender shall be punished by imprisonment for a term of ten to fifteen years if he commits the offence referred in paragraph 1 at a large scale.

    Bribery
    Section 332

    (1) Any person who, either directly or through an intermediary, gives or promises a bribe to another person to make that person act or refrain from acting and thus breach his duties resulting from his employment, profession, position or function, or gives or promises a bribe for the same reason to a third party either directly or through an intermediary, shall be punished by imprisonment for a term of up to three years. (2) The offender shall be punished by imprisonment for a term of one to five years if he commits the criminal offence referred to in paragraph 1 as a result of more serious misconduct. (3) The offender shall be punished by imprisonment for a term of four to ten years if he commits the criminal offence referred to in paragraph 1 at a large scale.

    Section 333

    (1) Any person who, in connection with the procurement of a thing of general interest, gives, offers, or promises a bribe to another person, either directly or through an intermediary, or gives, offers or promises a bribe for the same reason to a third party, shall be punished by imprisonment for a term of six months to three years. (2) The offender shall be punished by imprisonment for a term of two to five years if he commits the act referred to in paragraph 1 a) as a result of more serious misconduct, or b) against a public official. (3) The offender shall be punished by imprisonment for a term of five to twelve years if he commits the criminal offence referred to in paragraph 1 at a large scale.

    Section 334

    (1) Any person who gives, offers or promises a bribe to a foreign public official or to another person, either directly or through an intermediary, in connection with the official duties of the foreign public official with the aim to obtain or maintain an undue advantage in an international business transaction, shall be punished by imprisonment for a term of two to five years. (2) The offender shall be punished by imprisonment for a term of five to twelve years if he commits the criminal offence referred to in paragraph 1 at a large scale.

    Section 335

    (1) Any person who, either directly or through an intermediary, gives, offers or promises a bribe to a member of a foreign parliamentary assembly, judge or official of an international judicial institution recognised by the Slovak Republic, or a representative or employee of an international, supranational, intergovernmental organisation or institution of which the Slovak Republic is a member or with which the Slovak Republic has a contractual relationship, or to a person in a similar position, or gives, offers or promises a bribe to a third party for the same reason, shall be punished by imprisonment of two to five years. (2) The offender shall be punished by imprisonment for a term of five to twelve years if he commits the criminal offence referred to in paragraph 1 at a large scale.

    Section 336
    Indirect corruption

    (1) Any person who, either directly or through an intermediary, receives, requests or accepts the promise of a bribe for using or having used his influence on the exercise of duties by persons referred in Sections 328, 329, 330 and 331, shall be punished by imprisonment for a term of up to three years. (2) Any person who, either directly or through an intermediary, gives or promises a bribe to another person in order to make that person use his influence on the exercise of duties by persons referred to in Sections 332 and 333 or for having used that influence, or gives, offers or promises a bribe to a third party for the same reason, shall be punished by imprisonment for a term of up to two years.

    Division Four - Certain forms of criminal involvement

    Section 337
    Incitement

    Any person who publicly incites the commission of a criminal offence, or makes a public appeal to large-scale non-compliance with an important duty prescribed by law, or based on a law, or to serious disturbances of public order, shall be punished by imprisonment for a term of up to two years.

    Section 338
    Approving a criminal act

    (1) Any person who expresses public approval for a criminal act or publicly praises its perpetrator shall be punished by imprisonment of up to one year. (2) The same punishment as in paragraph 1 shall be imposed on any person who with the intent to express approval of a criminal act rewards or compensates the offender or his close person for the punishment, or raises funds for such reward or compensation.

    Section 339
    Aiding and abetting

    (1) Any person who provides assistance to the perpetrator of a crime with a view to helping him evade the criminal prosecution, sentence or protective measure or their execution shall be sentenced to a term of imprisonment of up to three years; if, however, he provides assistance to the perpetrator of a crime that carries a lighter punishment under this Act, he shall be imposed such lighter punishment. (2) Any person who commits the act referred to in paragraph 1 for the benefit of his close person shall not be held criminally liable unless he has the intent to assist a person who committed high treason pursuant to Section 311, plotting against the Slovak Republic pursuant to Section 312, act of terror pursuant to Sections 313 and 314, diversion acts pursuant to Sections 315 and 316, sabotage pursuant to Section 317, espionage pursuant to Section 318 or genocide pursuant to Section 418, or gain property benefits for himself or for another person. (3) The person who commits the offence referred to in paragraph 1 shall not be held criminally liable if he was forced to provide such assistance and could not refuse it without putting himself or a close person at the risk of death, bodily harm or other serious harm.

    Section 340
    Failure to report a criminal offence

    (1) The person who possesses credible information about the commission of a felony by another person, carrying a maximum custodial sentence of at least ten years, or one of corruption offences defined in Division Three of Chapter Eight of the Special Part of this Act, and fails to report such felony or criminal offence without delay to a body active in criminal proceedings or to the Police Corps, or in case of members of the armed forces to their commanding officers or service body, or in case of persons serving a custodial sentence or remanded in custody to a member of the Corps of Prison and Court Guard, shall be punished by imprisonment for a term of up to three years. (2) The person who commits the offence referred to in paragraph 1 shall not be held criminally liable if he could not have made such a report without putting himself or a close person at the risk of death, bodily harm, other serious harm or criminal prosecution. (3) The person who commits the offence referred to in paragraph 1 shall not be held criminally liable if, by reporting the criminal offence, he would breach a) confessional secrecy or secrecy of information he received orally or in writing under the seal of secrecy as a person entrusted with pastoral care. b) non-disclosure obligation laid down by law.

    Section 341
    Failure to prevent a criminal offence

    (1) The person who obtains credible information suggesting that another person is preparing or committing a felony that carries a maximum custodial sentence of at least ten years under this Act, or one of corruption offences defined in Division Three of Chapter Eight of the Special Part of this Act, and fails to prevent the commission or completion of such felony or criminal offence either personally or through another competent person or a competent body, shall be punished by imprisonment for a term of up to three years. (2) The person who commits the offence referred to in paragraph 1 shall not be held criminally liable if he could not have prevented the felony without considerable difficulties or without putting himself or a close person at the risk of death, grievous bodily harm, other serious harm or criminal prosecution. However, exposing a close person to the risk of criminal prosecution shall not exempt the offender from criminal liability in case of non-prevention of a felony carrying a life sentence under this Act. (3) The felony may be also prevented by notifying forthwith a body active in criminal proceedings or the Police Corps; members of the armed forces may file such report also with their commanding officers or service body, and sentenced and remand prisoners with an officer of the Corps of Prison and Court Guard. (4) The obligation referred to in paragraph 1 shall not apply to persons who would breach confessional secrecy by its fulfilment.

    Division Five - Other forms of interfering with the actions of bodies of public authority

    Section 342
    Interfering with judicial independence

    (1) Any person who exerts an influence on a judge with the aim of making him breach his duty in judicial proceedings, or who performs an action with the intent to obstruct the right of the parties to the proceedings or the accused to lawful judge, shall be punished by imprisonment for a term of one to six years. (2) The offender shall be punished by imprisonment for a term of two to eight years if he commits the act referred to in paragraph 1 a) for a particular reason, b) in order to obstruct or hinder the exercise of fundamental rights and freedoms of another person, or c) by publicly slandering a judge for his decision in a particular case. (3) The offender shall be punished by imprisonment for a term of three to ten years if he commits the act referred to in paragraph 1 with the intent to obtain substantial benefits for himself or other persons, or to cause substantial damage or other particularly serious consequence.

    Section 343
    Contempt of court

    Any person who, in spite of previous admonishments, repeatedly a) seriously disturbs a court hearing, b) displays disrespectful or contemptuous behaviour during the hearing, or c) does not comply with an order or summons of the court without a justified excuse, shall be punished by imprisonment for a term of up to two years.

    Section 344
    Obstruction of justice

    (1) Any person who, in the proceedings before the court or in criminal proceedings a) presents as genuine the evidence of which he knows that it is false or altered, b) falsifies, alters or obstructs the evidence or prevents the taking of evidence, c) obstructs or prevents the presence or the testimony of a party to criminal proceedings, party to the proceedings before the court, witness, expert, interpreter or translator, or d) uses violence, threat of violence or threat of other grievous injury or who promises, offers or provides undue advantage with the aim of exerting influence on a party to criminal proceedings, party to the proceedings before the court, witness, expert, interpreter, translator, or a body active in criminal proceedings, shall be punished by imprisonment for a term of one to six years.  (2) The offender shall be punished by imprisonment for a term of three to eight years if he commits the act referred to in paragraph 1 a) with the intent to obtain substantial benefits for himself or other person, or to cause substantial damage or other particularly serious consequence, b) with the intent to prevent or hinder the exercise of fundamental rights and freedoms by another person, or c) for a particular reason.  
    Pinkarhoaro (neregistrovaný užívateľ)    13. január 2013 15:28
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    AtroneeNoto (neregistrovaný užívateľ)    13. január 2013 07:39
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    seagwheet (neregistrovaný užívateľ)    12. január 2013 13:02
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    seagwheet (neregistrovaný užívateľ)    12. január 2013 08:08
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