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  • Budapest Convention
  • Lanzarote Convention
  • Protocol on Xenophobia and Racism

Not Party to:

  • Istanbul Convention (signed)

 Online child sexual exploitation and abuse of children

 

Criminal Code

Section 187 Sexual Abuse

(1) Whoever performs a sexual intercourse with a child under the age of fifteen, or whoever otherwise sexually abuses a child, shall be sentenced to imprisonment for one to eight years.

(2) An offender shall be sentenced to imprisonment for two to ten years, if he/she commits the act referred to in Sub-section (1) on a child under fifteen years of age entrusted to his/her supervision, while abusing their addiction or the offender’s position and, their credibility or influence derived therefrom.

(3) An offender shall be sentenced to imprisonment for five to twelve years, if he/she causes grievous bodily harm by the act referred to in Sub-section (1).

(4) An offender shall be sentenced to imprisonment for ten to eighteen years, if he/she causes death by the act referred to in Sub-section (1).

(5) Preparation is criminal.

Section 192 Production and other Disposal with Child Pornography

(1) Whoever handles photographic, film, computer, electronic or other pornographic works, displaying or otherwise using a child, shall be sentenced to imprisonment for up to two years.

(2) The same sentence shall be imposed to anyone, who using information or communication technologies get the access to child pornography.

(3) Whoever produces, imports, exports, transports, offers, makes publicly available, provides, puts into circulation, sells or otherwise procures photographic, film, computer, electronic or other pornographic works that display or otherwise use a child or a person, who appears to be a child or

whoever profits from such pornographic works,

shall be sentenced to imprisonment for six months to three years, to prohibition of activity or to confiscation of a thing.

(4) An offender shall be sentenced to imprisonment for two to six years or to confiscation of property, if he/she commits the act referred to in Sub-section (3)

  • a) as a member of an organised group,
  • b) by press, film, radio, television, publicly accessible computer network, or in other similarly effective way, or
  • c) with the intention to gain substantial profit for him-/herself or for another.

(5) An offender shall be sentenced to imprisonment for three to eight years or to confiscation of property, if he/she commits the act referred to in Sub-section (3)

  • a) as a member of an organised group operating in more states, or
  • b) with the intention to gain extensive profit for him-/herself or for another.

Section 193 Abuse of a Child for Production of Pornography

(1) Whoever persuades, arranges, hires, allures, entices or exploits a child for production of pornographic works and profits the child's participation in such pornographic works, shall be sentenced to imprisonment for one year to five years.

(2) An offender shall be sentenced to imprisonment for two to six years, if he/she commits the act referred to in Sub-section (1)

  • a) as a member of an organised group, or
  • b) with the intention to gain substantial profit for him-/herself or for another.

(3) An offender shall be sentenced to imprisonment for three to eight years, if he/she commits the act referred to in Sub-section (1)

  • a) as a member of an organised group operating in several states, or
  • b) with the intention to gain extensive profit for him-/herself or for another.

Section 193b Establishment of Unauthorised Contacts with a Child

Whoever proposes a meeting to a child under fifteen years of age with the intention to commit a criminal offence referred to in Section 187 (1), Section 192, 193, Section 202 (2) or any other sexually motivated criminal offence shall be sentenced to imprisonment for up to two years.

Section 201 Endangering a Child’s Care

(1) Whoever, even out of negligence, endangers the intellectual, emotional, or moral development of a child by

  • a) enticing them to an indolent or immoral life,
  • b) allowing them to lead an indolent or immoral life,
  • c) allowing them to obtain means for themselves or for others by a criminal activity or in another condemnable manner, or
  • d) seriously breaching his/her obligation to take care of them or another important obligation arising from parental responsibility,

shall be sentenced to imprisonment for up to two years.

(2) Whoever allows, even out of negligence, a child to play on vending machines equipped with a technical device affecting the outcome of the game and which provides the possibility of monetary winnings, shall be sentenced to imprisonment for up to one year, to a pecuniary penalty, or to prohibition of activity.

(3) An offender shall be sentenced to imprisonment for six months to five years, if he/she

  • a) commits the act referred to in Sub-section (1) or (2) out of a condemnable motive,
  • b) continues in commission of such an act for a long period of time,
  • c) commits such an act repeatedly, or
  • d) gains substantial profit for him-/herself or for another by such act.

Hate crime

 

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 Useful Resources

 

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 Cyberharassment, violations of privacy, cybercrime, actual violence

 

Criminal Code

Section 145 Grievous Bodily Harm

(1) Whoever intentionally inflicts grievous harm to the health of another person shall be sentenced to imprisonment for three to ten years.

(2) An offender shall be sentenced to imprisonment for five to twelve years if he/she commits act referred to in Sub-section (1)

  • a) on two or more persons,
  • b) on a pregnant woman,
  • c) on a child under the age of fifteen years,
  • d) on a witness, expert or interpreter in connection with the performance of their obligations,
  • e) on a medical worker during performance of the medical profession or employment aimed at saving life or health, or on a person who fulfilled his/her similar obligation of saving life, health or property arising from his/her employment, profession, position or function, or imposed by law,
  • f) on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
  • g) repeatedly or after he/she committed another especially serious felony connected with intentional infliction of grievous bodily harm or death or its attempt, or
  • h) out of a condemnable motive.

(3) An offender shall be sentenced to imprisonment for eight to sixteen years, if he/she causes death by the act referred to in Sub-section (1).

(4) Preparation is criminal.

Section 146 Bodily Harm

(1) Whoever intentionally harms another person’s health shall be sentenced to imprisonment for six months to three years.

(2) An offender shall be sentenced to imprisonment for one year to five years, if he/she commits the act referred to in Sub-section (1)

  • a) on a pregnant woman,
  • b) on a child under the age of fifteen years,
  • c) on a witness, expert or interpreter in connection with the performance of their obligations,
  • d) on a medical worker during performance of the medical profession or employment aimed at saving life or health, or on a person who fulfilled his/her similar obligation of saving life, health or property arising from his/her employment, profession, position or function, or imposed by law, or
  • e) on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith.

(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she causes severe harm to health by the act referred to in Sub-section (1).

(4) An offender shall be sentenced to imprisonment for five to ten years, if he/she causes death by the act referred to in Sub-section (1).

Section 168 Trafficking in Human Beings

(1) Whoever forces, procures, hires, incites, entices, transports, conceals, detains, adopts or consigns a child to be used for

  • a) sexual intercourse or other forms of sexual abuse or harassment, or for production of pornographic works by another,
  • b) extraction of tissue, cell, or organs from his/her body by another,
  • c) service in the armed forces,
  • d) slavery or servitude, or
  • e) forced labour or other forms of exploitation, or

who profits on such a conduct,

shall be sentenced to imprisonment for two to ten years.

(2) The same sentence shall be imposed to anyone who forces, procures, hires, incites, entices, transports, hides, detains, adopts or consigns a person other than referred to in Sub-section (1) by using violence, threat of violence or other grievous harm or deceit, or by abusing his/her error, distress, or addiction in order to use him/her for

  • a) sexual intercourse or other forms of sexual abuse or harassment, or for the production of pornographic works by another,
  • b) extraction of tissue, cell, or organs from their body by another,
  • c) service in the armed forces,
  • d) slavery or servitude, or
  • e) forced labour or other forms of exploitation, or

who profits on such conduct.

(3) An offender shall be sentenced to imprisonment for five to twelve years or to confiscation of property if he/she

  • a) commits then act referred to in Sub-section (1) or (2) as a member of an organised group,
  • b) exposes another person to a risk of grievous bodily harm or death by such an act,
  • c) commits such an act with the intention to gain a substantial profit for him-/herself or for another, or
  • d) commits such an act with the intention to use another person for prostitution.

(4) An offender shall be sentenced to imprisonment for eight to fifteen years or to confiscation of property if he/she

  • a) causes grievous bodily harm by the act referred to in Sub-section (1) or (2),
  • b) commits such an act with the intention to gain extensive profit for him-/herself or for another, or
  • c) commits such an act in connection to an organised group operating in several states.

(5) An offender shall be sentenced to imprisonment for ten to eighteen years or to confiscation of property, if he/she causes death by the act referred to in Sub-section (1) or (2).

(6) Preparation is criminal.

Section 171 Illegal Restraint

(1) Whoever restrains another from enjoying personal freedom, shall be sentenced to imprisonment for up to two years.

(2) An offender shall be sentenced to imprisonment for up to three years, if he/she commits the act referred to in Sub-section (1) with the intent to facilitate another criminal offence.

(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she

  • a) commits the act referred to in Sub-section (1) as a member of an organised group
  • b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
  • c) causes physical or mental suffering by such an act,
  • d) causes grievous bodily harm by such an act, or
  • e) commits such an act with the intention to gain substantial profit for him-/herself or for another.

(4) An offender shall be sentenced to imprisonment for three to ten years if he/she

  • a) causes death by the act referred to in Sub-section (1), or
  • b) commits such an act with the intent to gain extensive profit for him-/herself or for another.
  • Section 175 Extortion

(1) Whoever forces another person by violence or by a threat of violence or another serious detriment to act, omit or to suffer something, shall be sentenced to imprisonment for six months to four years, or to a pecuniary penalty.

(2) An offender shall be sentenced to imprisonment for two to eight years, if he/she

  • a) commits the act referred to in Sub-section (1) as a member of an organised group,
  • b) commits such an act with at least two persons,
  • c) commits such an act with a weapon,
  • d) causes substantial damage by such an act,
  • e) commits such an act on a witness, expert, or interpreter in connection to performance of their obligations, or
  • f) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith.

(3) An offender shall be sentenced to a sentence of imprisonment for five to twelve years, if he/she

  • a) causes grievous bodily harm by such an act,
  • b) commits such an act with the intention to enable or facilitate commission of a terrorist criminal offence financing of terrorism (Section 312d) or threatening with terrorism (Section 312f), or
  • c) causes extensive damage by such an act.

(4) An offender shall be sentenced to imprisonment for eight to sixteen years, if he/she causes death by the act referred to in Sub-section (1).

(5) Preparation is criminal.

Section 184 Defamation

(1) Whoever makes a false statement about another capable of significantly threaten his/her reputation among fellow citizens, especially harm him/her in employment, disrupt his/her family relations or cause another serious detriment, shall be sentenced to imprisonment for up to one year.

(2) An offender shall be sentenced to imprisonment for up to two years or to prohibition of activity, if he/she commits the act referred to in Sub-section (1) by press, film, radio, television, publicly accessible computer network or in another similarly effective manner.

Section 185 Rape

(1) Whoever forces another person to have sexual intercourse by violence or by a threat of violence, or a threat of other serious detriment, or

whoever exploits the person’s vulnerability for such an act,

shall be sentenced to imprisonment for six months to five years.

(2) An offender shall be sentenced to imprisonment for two to ten years, if he/she commits the act referred to in Sub-section (1)

  • a) by sexual intercourse or other sexual contact performed in a manner comparable with intercourse,
  • b) on a child, or
  • c) with a weapon.

(3) An offender shall be sentenced to imprisonment for five to twelve years, if he/she

  • a) commits the act referred to in Sub-section (1) on a child under the age of fifteen,
  • b) commits such an act on a person in detention, serving a prison sentence, in protective treatment, in protective detention, in protective or institutional therapy or in another place where personal freedom is restricted, or
  • c) causes grievous bodily harm by such an act.

(4) An offender shall be sentenced to imprisonment for ten to eighteen years, if he/she causes death by the act referred to in Sub-section (1).

(5) Preparation is criminal.

Section 209 Fraud

(1) Whoever enriches him-/herself or another by inducing error in someone, by using someone's error, or by concealing material facts and thus causing damage not insignificant to property of another, shall be sentenced to imprisonment for up to two years, to prohibition of activity, or to confiscation of a thing.

(2) An offender shall be sentenced to imprisonment for six months to three years, if he/she commits the act referred to in Sub-section (1) and has been convicted or sentenced for such an act in the past three years.

(3) An offender shall be sentenced to imprisonment for one to five years or to a pecuniary penalty, if he/she causes larger damage by the act referred to in Sub-section (1).

(4) An offender shall be sentenced to imprisonment for two to eight years, if he/she

  • a) commits the act referred to in Sub-section (1) as a member of an organised group,
  • b) commits such an act as a person having a particular obligation to defend the interests of the aggrieved person,
  • c) committed such an act in a state of national emergency or a state of war, natural disaster or during another event seriously threatening the life or health of people, public order or property, or
  • d) causes substantial damage by such an act.

(5) An offender shall be sentenced to imprisonment for five to ten years, if he/she

  • a) causes extensive damage by the act referred to in Sub-section (1), or
  • b) commits such an act in order to facilitate or enable commission of a terrorist criminal offence, financing of terrorism (Section 312d) or threatening with terrorism (Section 312f).

(6) Preparation is criminal.

Section 353 Dangerous Threatening

(1) Whoever threatens another with death, grievous bodily harm another serious detriment in such a way that it can raise a reasonable fear, shall be sentenced to imprisonment for up to one year or to prohibition of activity.

(2) An offender shall be sentenced to imprisonment for up to three years or to prohibition of activity, if he/she commits the act referred to in Sub-section (1)

  • a) as a member of an organised group,
  • b) against a child or a pregnant woman,
  • c) with a weapon,
  • d) on a witness, expert or interpreter in connection to performance of their duties, or
  • e) on a medical worker in performance of medical occupation or a profession aimed at saving lives or protection of health or on another person who was fulfilling his/her similar duty in protection of lives, health or property arising from his/her occupation, profession, position or function or imposed to him/her according to law.

 

Section 354 Dangerous Pursuing

(1) Whoever pursues another in long term by

  • a) threatening with bodily harm or another detriment to him/her or to persons close to him/her,
  • b) seeks his/her personal presence or follows him/her,
  • c) persistently contacts him/her by the means of electronic communications, in writing or in another way,
  • d) restricting him/her in his/her usual way of life, or
  • e) abuses his/her personal data for the purpose of gaining personal or other contact,

and this conduct is capable of raising reasonable fear for his/her life or health or lives or health of persons close to him/her, shall be sentenced to imprisonment for up to one year or to prohibition of activity.

(2) An offender shall be sentenced to imprisonment for six months to three years, if he/she commits the act referred to in Sub-section (1)

  • a) against a child or a pregnant woman,
  • b) with a weapon, or
  • c) with at least two persons.