Text consolidated by Valsts
valodas centrs (State Language Centre) with amending laws
of:
18 May 2000 [shall come
into force on 15 June 2000];
1 June 2000 [shall come into force on 28 June
2000];
20 June 2001 [shall come into force on 12 July
2001];
25 April 2002 [shall come into force on 23 May
2002];
20 June 2002 [shall come into force on 1 November
2002];
17 October 2002 [shall come into force on 20 November
2002];
31 October 2002 [shall come into force on 1 January
2003];
10 April 2003 [shall come into force on 14 May
2003];
12 June 2003[shall come into force on 15 July
2003];
11 December 2003 [shall come into force on 2 January
2004];
18 December 2003 [shall come into force on 1 January
2004];
15 January 2004 [shall come into force on 17 January
2004];
22 January 2004 [shall come into force on 1 February
2004];
12 February 2004 [shall come into force on 1 January
2005];
29 April 2004 [shall come into force on 26 May
2004];
20 May 2004 [shall come into force on 18 June
2004];
27 May 2004 [shall come into force on 24 June
2004];
16 December 2004 [shall come into force on 11 January
2005];
28 April 2005 [shall come into force on 1 June
2006];
5 May 2005 [shall come into force on 1 October
2005];
26 May 2005 [shall come into force on 24 June
2005];
28 September 2005 [shall come into force on 1 October
2005];
6 October 2005 [shall come into force on 3 November
2005];
8 December 2005 [shall come into force on 5 January
2006];
16 February 2006 [shall come into force on 22 March
2006];
12 October 2006 [shall come into force on 15 November
2006];
14 December 2006 [shall come into force on 1 January
2007];
21 June 2007 [shall come into force on 19 July
2007];
8 November 2007 [shall come into force on 1 September
2008];
13 December 2007 [shall come into force on 12 January
2008];
13 December 2007 [shall come into force on 12 January
2008];
30 October 2008 [shall come into force on 27 November
2008];
21 May 2009 [shall come into force on 1 July 2009];
16 June 2009 [shall come into force on 1 July
2009];
10 September 2009 [shall come into force on 14 October
2009];
19 November 2009 [shall come into force on 23 December
2009];
21 October 2010 [shall come into force on 1 January
2011];
2 December 2010 [shall come into force on 1 January
2011];
16 June 2011 [shall come into force on 13 July
2011];
8 July 2011 [shall come into force on 1 October
2011];
8 September 2011 [shall come into force on 4 October
2011];
1 December 2011 [shall come into force on 1 January
2012];
13 December 2012 [shall come into force on 1 April
2013];
14 March 2013 [shall come into force on 1 April
2013];
20 March 2014 [shall come into force on 3 April
2014];
3 April 2014 [shall come into force on 9 April
2014];
15 May 2014 [shall come into force on 14 June
2014];
25 September 2014 [shall come into force on 29 October
2014];
16 October 2014 [shall come into force on 1 February
2015];
15 January 2015 [shall come into force on 1 February
2015];
12 February 2015 [shall come into force on 19 February
2015];
29 October 2015 [shall come into force on 3 December
2015];
12 November 2015 [shall come into force on 2 December
2015];
28 January 2016 [shall come into force on 1 March
2016];
10 March 2016 [shall come into force on 7 April
2016];
21 April 2016 [shall come into force on 11 May
2016];
15 December 2016 [shall come into force on 12 January
2017];
8 June 2017 [shall come into force on 1 January
2018];
22 June 2017 [shall come into force on 1 August
2017];
26 April 2018 [shall come into force on 23 May
2018];
11 October 2018 [shall come into force on 7 November
2018];
6 June 2019 [shall come into force on 3 July 2019];
20 June 2019 [shall come into force on 1 July
2019];
11 June 2020 [shall come into force on 6 July
2020];
3 September 2020 [shall come into force on 29 September
2020];
17 December 2020 [shall come into force on 1 January
2022];
7 January 2021 [shall come into force on 2 February
2021];
6 July 2021 [shall come into force on 5 August
2021];
11 November 2021 [shall come into force on 14 November
2021];
7 April 2022 [shall come into force on 4 May 2022];
16 June 2022 [shall come into force on 23 June
2022];
27 October 2022 [shall come into force on 25 November
2022];
20 April 2023 [shall come into force on 1 May
2023];
15 June 2023 [shall come into force on 15 July
2023];
5 October 2023 [shall come into force on 20 October
2023];
14 December 2023 [shall come into force on 30 December
2023].
If a whole or part of a
section has been amended, the date of the amending law
appears in square brackets at the end of the section. If
a whole section, paragraph or clause has been deleted,
the date of the deletion appears in square brackets
beside the deleted section, paragraph or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Criminal Law
General Part
Chapter I
General Provisions
Section 1. Basis of Criminal
Liability
(1) Only a person who is guilty of committing a criminal
offence, that is, one who deliberately (intentionally) or through
negligence has committed an offence which is set out in this Law
and which has all the constituent elements of a criminal offence,
may be held criminally liable and punished.
(2) To be found guilty of committing a criminal offence and to
impose a criminal punishment may be done by a judgment of a court
and in accordance with law.
(3) In the cases provided for by Law, also a prosecutor shall
find a person guilty of committing a criminal offence and
determine a punishment by drawing up a penal order.
(4) An offence may not be considered criminal by applying the
law by analogy.
(5) Nobody shall be tried or punished again for an offence for
which he or she has already been acquitted or punished by a
ruling made in accordance with the procedures laid down in law
and in effect in a criminal case or a case of administrative
violation. The abovementioned shall not exclude the
re-examination of a case in accordance with the law if new
circumstances have been found or if significant violation of
material or procedural norms which could affect the outcome of
the case, has been made in the previous proceedings.
[28 September 2005; 13 December 2012; 15 May 2014]
Section 2. Application of the
Criminal Law in the Territory of Latvia
(1) The liability of a person who has committed a criminal
offence in the territory of Latvia shall be determined in
accordance with this Law.
(2) If a foreign diplomatic representative, or other person
who, in accordance with the laws in force or international
agreements binding upon the Republic of Latvia, is not subject to
the jurisdiction of the Republic of Latvia, has committed a
criminal offence in the territory of Latvia, the issue of this
person being held criminally liable shall be decided by
diplomatic procedures or in accordance with a mutual agreement of
the states.
Section 3. Applicability of the
Criminal Law to Aircrafts, and Sea and River Vessels Outside the
Territory of Latvia
A person who has committed a criminal offence outside the
territory of Latvia, on an aircraft, or a sea or river vessel or
other floating means of conveyance, if this means of conveyance
is registered in the Republic of Latvia and if it is not provided
otherwise in the international agreements binding upon the
Republic of Latvia, shall be held liable in accordance with this
Law.
Section 4. Applicability of the
Criminal Law Outside the Territory of Latvia
(1) Latvian citizens, non-citizens, and foreigners who have a
permanent residence permit in the Republic of Latvia, shall be
held liable, in accordance with this Law, in the territory of
Latvia for an offence committed in the territory of another state
or outside the territory of any state irrespective of whether it
has been recognised as criminal and punishable in the territory
of commitment.
(11) For an offence committed by a natural person
acting in the interests of a legal person registered in the
Republic of Latvia, for the benefit of the person or as a result
of insufficient supervision or control thereof in the territory
of another state or outside the territory of any state
irrespective of whether it has been recognised as criminal and
punishable in the territory of commitment the legal person may be
applied the coercive measures provided for in this Law.
(2) Soldiers of the Republic of Latvia who are located outside
the territory of Latvia shall be held liable for criminal
offences in accordance with this Law, unless it is otherwise
provided for in international agreements binding upon the
Republic of Latvia.
(3) Foreigners who do not have permanent residence permits in
the Republic of Latvia and who have committed serious or
especially serious crimes in the territory of another state which
have been directed against the Republic of Latvia or against the
interests of its inhabitants, shall be held criminally liable in
accordance with this Law irrespective of the laws of the state in
which the crime has been committed, if they have not been held
criminally liable or committed to stand trial in accordance with
the laws of the state where the crime was committed.
(4) Foreigners who do not have a permanent residence permit in
the Republic of Latvia and who have committed a criminal offence
in the territory of another state or outside the territory of any
state, in the cases provided for in international agreements
binding upon the Republic of Latvia, irrespective of the laws of
the state in which the offence has been committed, shall be held
liable in accordance with this Law, if they have not been held
criminally liable for such offence or committed to stand trial in
the territory of another state.
[17 October 2002; 16 December 2004; 21 May 2009; 21 October
2010; 25 September 2014]
Section 5. Time when the Criminal
Law is In Force
(1) The criminality and punishability of an offence (act or
failure to act) are determined by the law which was in force at
the time of committing the offence.
(2) A law which recognises an offence as not punishable,
reduces the punishment or is otherwise beneficial to a person,
unless otherwise provided for in the applicable law, has
retrospective effect, that is, it applies to offences which have
been committed prior to the applicable law coming into force, as
well as to a person who is serving a punishment or has served a
punishment but regarding whom conviction remains in effect.
(3) A law which recognises an offence as punishable, increases
the punishment, or is otherwise not beneficial to a person, does
not have retrospective effect.
(4) A person who has committed a crime against humanity, a
crime against peace, a war crime or has participated in genocide,
shall be punishable irrespective of the time when such offence
was committed.
Chapter II
Criminal Offences
Section 6. Concept of a Criminal
Offence
(1) A harmful offence (act or failure to act) committed
deliberately (intentionally) or through negligence, provided for
in this Law, and for the commission of which criminal punishment
is set out shall be considered a criminal offence.
(2) An offence (act or failure to act) which has the
constituent elements of an offence set out in this Law, but has
been committed in circumstances which exclude criminal liability,
shall not be considered criminal.
[13 December 2012]
Section 7. Classification of
Criminal Offences
(1) Criminal offences shall be divided into criminal
violations and crimes according to the nature and harm of the
threat to the interests of a person or the society. Crimes shall
be divided as follows: less serious crimes, serious crimes and
especially serious crimes.
(2) A criminal violation is an offence for which the
deprivation of liberty for a period exceeding fifteen days, but
not exceeding three months (temporary deprivation of liberty), or
a type of lesser punishment is provided for in this Law.
(3) A less serious crime is an intentional offence for which
the deprivation of liberty for a period exceeding three months
but not exceeding three years is provided for in this Law, as
well as an offence which has been committed through negligence
and for which the deprivation of liberty for a period not
exceeding eight years is provided for in this Law.
(4) A serious crime is an intentional offence for which the
deprivation of liberty for a period exceeding three years but not
exceeding eight years is provided for in this Law, as well as an
offence which has been committed through negligence and for which
the deprivation of liberty for a time period exceeding eight
years is provided for in this Law.
(5) An especially serious crime is an intentional offence for
which the deprivation of liberty for a period exceeding eight
years or life imprisonment is provided for in this Law.
(6) If this Law provides for the deprivation of liberty for a
period not exceeding five years for a crime, also a type of
lesser punishment shall be provided for therein for the relevant
crime.
[21 May 2009; 1 December 2011; 13 December 2012; 17
December 2020]
Section 8. Forms of Guilt
(1) Only a person who has committed a criminal offence
deliberately (intentionally) or through negligence may be found
guilty of it.
(2) When determining the form of guilt of the person who has
committed a criminal offence the mental state of the person in
relation to the objective elements of the criminal offence must
be established.
Section 9. Commission of a Criminal
Offence Deliberately (Intentionally)
(1) A criminal offence shall be considered to have been
committed deliberately (intentionally) if the person has
committed it with a direct or indirect intent.
(2) A criminal offence shall be considered to have been
committed with a direct intent if the person has been aware of
the harm caused by his or her act or failure to act and has
knowingly committed or allowed it or also been aware of the harm
caused by his or her act or failure to act, foreseen the harmful
consequences of the offence and has desired them.
(3) A criminal offence shall be considered to have been
committed with an indirect intent if the person has been aware of
the harm caused by his or her act or failure to act, foreseen the
harmful consequences of the offence and, although has not desired
such consequences, has knowingly allowed them to result.
[13 December 2012]
Section 10. Commission of a Criminal
Offence through Negligence
(1) A criminal offence shall be considered to be committed
through negligence if the person has committed it through
criminal self-reliance or criminal neglect.
(2) A criminal offence shall be considered to have been
committed through criminal self-reliance if the person has
foreseen the possibility that the harmful consequences of his or
her act or failure to act would result and nevertheless
carelessly relied on these being prevented.
(3) A criminal offence shall be considered to have been
committed through criminal neglect if the person did not foresee
the possibility that the consequences of his or her act or
failure to act would result, although according to the actual
circumstances of the offence he or she should have and could have
foreseen the referred to harmful consequences.
(4) An offence provided for in this Law shall not be
criminally punishable if the person did not foresee and should
not and could not have foreseen the possibility that harmful
consequences of his or her act or failure to act would
result.
[13 December 2012]
Section 11. Age at which the
Criminal Liability Applies
A natural person who, on the day of the commission of a
criminal offence, has attained fourteen years of age may be held
criminally liable. An underaged person, that is, a person who has
not attained fourteen years of age, may not be held criminally
liable.
Section 12. Liability of a Natural
Person in the Case of a Legal Person
A natural person who has committed a criminal offence acting
in the interests of a legal person governed by private law, for
the benefit of the person or as a result of insufficient
supervision or control thereof shall be held criminally liable,
but the coercive measures provided for in this Law may be applied
to the legal person.
[14 March 2013]
Section 13. Mental Incapacity
(1) A person who, during the time of the commission of the
offence, was in a state of mental incapacity, that is, due to a
mental disorder or mental disability was not able to understand
his or her acts or control them, may not be held criminally
liable.
(2) On a person who has been found to have a lack of mental
capacity, the court may impose the compulsory measures of a
medical nature laid down in this Law.
[20 March 2014]
Section 14. Diminished Mental
Capacity
(1) If a person, at the time of the commission of a criminal
offence, due to mental disorder or mental disability, was not
able to understand his or her acts fully or control them, that
is, was in a state of diminished mental capacity, the court may
reduce the punishment to be adjudged or release such person from
punishment, according to the actual circumstances of the
offence.
(2) For a person who has been found to have diminished mental
capacity the court shall apply compulsory measures of a medical
nature as set out in this Law.
Section 15. Completed and
Uncompleted Criminal Offences
(1) A criminal offence shall be considered completed if it has
all the constituent elements of a criminal offence set out in
this Law.
(2) Preparation for a crime and an attempted crime are
uncompleted criminal offences.
(3) The locating of, or adaptation of, means or
instrumentalities, or the intentional creation of circumstances
conducive for the commission of an intentional offence, shall be
considered to be preparation for a crime if, in addition, it has
not been continued for reasons independent of the will of the
guilty party. Criminal liability shall apply only for preparation
for serious or especially serious crimes.
(4) A conscious act (failure to act) which is directly
dedicated to intentional commission of a crime, shall be
considered to be an attempted crime if the crime has not been
completed for reasons independent of the will of the guilty
party.
(5) Liability for preparation for a crime or an attempted
crime shall apply in accordance with the same Section of this Law
as sets out liability for a specific offence.
(6) A person shall not be held criminally liable for an
attempt to commit a criminal violation.
Section 16. Voluntary Withdrawal
(1) Voluntary withdrawal from the commission of a criminal
offence means complete discontinuation by a person, pursuant to
his or her will, of a criminal offence commenced by such person
while knowing that the possibility exists to complete the
commission of the criminal offence.
(2) A person who has voluntarily withdrawn from the commission
of a criminal offence shall not be held criminally liable. Such
person shall be liable only in the case where the constituent
elements of another criminal offence are present in his or her
actually committed offence.
Section 17. Perpetrator of a
Criminal Offence
A person who himself or herself has directly committed a
criminal offence or, in the commission of such, has employed
another person who, in accordance with the provisions of this
Law, may not be held criminally liable, shall be considered the
perpetrator of a criminal offence.
Section 18. Participation of Several
Persons in a Criminal Offence
The participation by two or several persons knowingly in joint
commission of an intentional criminal offence is participation or
joint participation.
Section 19. Participation
Criminal acts committed knowingly by which two or several
persons (that is, a group) jointly, knowing such, have directly
committed an intentional criminal offence shall be considered to
be participation (joint commission). Each of such persons is a
participant (joint perpetrator) in the criminal offence.
Section 20. Joint Participation
(1) An act or failure to act committed knowingly by which a
person (joint participant) has jointly with another person
(perpetrator) participated in the commission of an intentional
criminal offence, but he himself or she herself has not been the
direct perpetrator of it, shall be considered to be joint
participation. Organisers, instigators, and abettors are joint
participants in a criminal offence.
(2) A person who has organised or directed the commission of a
criminal offence shall be considered to be an organiser.
(3) A person who has encouraged another person to commit a
criminal offence shall be considered to be an instigator.
(4) A person who has knowingly promoted the commission of a
criminal offence, providing advice, direction, or means, or
removing impediments for the commission of such, as well as a
person who has previously promised to conceal the perpetrator or
joint participant, the instrumentalities or means for committing
the criminal offence, trail of the criminal offence or the
objects acquired by criminal means or has previously promised to
acquire or to dispose these objects, shall be considered to be an
abettor.
(5) A joint participant shall be held liable in accordance
with the same Section of this Law which provides for the
liability of the perpetrator.
(6) Individual constituent elements of a criminal offence
which refer to a perpetrator or joint participant do not affect
the liability of other participants or joint participants.
(7) If a joint participant has not had the knowledge of a
criminal offence committed by a perpetrator or other joint
participants, he or she shall not be held criminally liable for
such.
(8) If the perpetrator has not completed the offence for
reasons independent of his or her will, the joint participants
are liable for joint participation in the relevant attempted
offence. If the perpetrator has not commenced commission of the
offence, the joint participants are liable for preparation for
the relevant offence.
(9) Voluntary withdrawal, by an organiser or instigator from
completing of commission of a criminal offence shall be
considered as such only in cases when he or she, in due time, has
done everything possible to prevent the commission with his or
her joint participation of the contemplated criminal offence and
this offence has not been committed. An abettor shall not be held
criminally liable if he or she has voluntarily refused to provide
the promised assistance before commencement of the criminal
offence.
Section 21. Organised Groups
(1) An organised group is an association formed by more than
two persons which has been created for the purpose of jointly
committing one or several crimes and the participants of which in
accordance with previous agreement have divided
responsibilities.
(2) Liability of a person for the commission of an offence
within an organised group shall apply in the cases set out in
this Law for formation and leadership of a group, and for
participation in preparation for a serious or especially serious
crime or in commission of a crime, irrespective of the role of
the person in the jointly committed offence.
[25 April 2002; 13 December 2012]
Section 22. Concealing without a
Prior Promise and Failure to Inform
(1) Concealment without a prior promise of a perpetrator or a
joint participant in a crime, as well as of instrumentalities or
means for committing a crime or trail of a crime, and failure to
inform regarding a crime are not joint participation, and
criminal liability for such shall apply only in the cases
provided for in this Law.
(2) The betrothed, spouse, parents, children, brothers and
sisters, grandparents and grandchildren of a person who has
committed a crime, as well as the person with whom the natural
person who has committed a crime is living together and with whom
he or she has a joint (single) household are not liable for
concealment without a prior promise or failure to inform.
(3) In the cases set out in this Law other persons are also
not liable for failure to inform.
[25 September 2014; 6 June 2019]
Section 23. Separate (Unitary)
Criminal Offence
(1) A separate (unitary) criminal offence is one offence (act
or failure to act) which has the constituent elements of one
criminal offence, or also two or several mutually related
criminal offences encompassed by the unitary purpose of the
offender and which correspond to the constituent elements of only
one criminal offence.
(2) A separate (unitary) criminal offence is also constituted
by continuous and continuing criminal offences.
(3) A separate continuous criminal offence is constituted by
several mutually related similar criminal acts which are directed
to a common objective if they are encompassed by the unitary
purpose of the offender, and therefore in their totality they
form one criminal offence.
(4) A separate continuing criminal offence is the
uninterrupted realisation of the elements of one criminal offence
(act or failure to act) which is related to consequent continuing
non-fulfilment of obligations which has been imposed upon the
offender by the law with threat of criminal prosecution.
(5) [13 December 2012]
[13 December 2012]
Section 24. Multiplicity of Criminal
Offences
(1) Multiplicity of criminal offences is the commission (or
allowing) by one person of two or several separate offences (act
or failure to act) which correspond to the constituent elements
of several criminal offences, or the commission (or allowing) by
a person of one offence (act or failure to act) which corresponds
to the constituent elements of at least two different criminal
offences.
(2) Multiplicity of criminal offences is constituted by
aggregation and recidivism of criminal offences.
(3) Multiplicity of criminal offences is constituted also by
such criminal offences in respect of which a punishment adjudged
in a foreign state is served in Latvia.
[20 June 2002; 13 December 2012]
Section 25. Repetition of Criminal
Offences
[13 December 2012]
Section 26. Aggregation of Criminal
Offences
(1) Aggregation of criminal offences shall be constituted by
one offence or several offences committed by one person which
correspond to the constituent elements of two or several criminal
offences, if such person has not been convicted for any of these
criminal offences and also a limitation period for criminal
liability has not set in.
(2) An offence committed by a person which corresponds to the
constituent elements of several different related criminal
offences, constitutes a conceptual aggregation of criminal
offences.
(3) Two or several mutually unrelated offences committed by a
person which correspond to the constituent elements of several
different criminal offences, constitute a factual aggregation of
criminal offences.
(4) An aggregation of criminal offences is not constituted by
an offence, for the commission of which a person has been
released from criminal liability.
(5) If one criminal offence conforms to the general and
special norm provided for in the Special Part of this Law, there
shall be no aggregation of criminal offences and criminal
liability shall apply only according to the special norm.
[13 December 2012]
Section 27. Recidivism of Criminal
Offences
Recidivism of a criminal offence is constituted by a new
intentional criminal offence committed by a person after the
conviction of such person for an intentional criminal offence
committed earlier, if at the time of commission of the new
criminal offence the criminal record for it has not been set
aside or extinguished in accordance with the procedures laid down
in Law.
[12 November 2015]
Chapter III
Circumstances which Exclude Criminal Liability
Section 28. Types of Circumstances
Excluding Criminal Liability
Circumstances which exclude criminal liability, even if acts
committed in such circumstances correspond to the constituent
elements of a criminal offence provided for in this Law, are
necessary self-defence, detention causing personal harm, extreme
necessity, justifiable professional risk, and execution of a
criminal command or criminal order.
Section 29. Necessary
Self-defence
(1) Necessary self-defence is an act which is committed in
defence of the interests of the State or the public, or the
rights of oneself or another person, as well as in defence of a
person against assault, or threats of assault, in such a manner
that harm is caused to the assailant. Criminal liability for this
act applies if the limits of the necessary self-defence have been
exceeded.
(2) Protective acts obviously disproportionate to the nature
and danger of the assault which were not necessary for prevention
or repelling of the assault and as a result of which harm is
caused to the assailant, shall be considered as exceeding the
limits of the necessary self-defence.
(3) Causing harm to the assailant through negligence, while
repelling an assault, shall not be criminally punishable.
(4) A person has the right to necessary self-defence,
irrespective of the possibilities of avoiding the assault or
turning to other persons for help.
Section 30. Apparent
Self-defence
(1) Apparent self-defence occurs when an actual assault, as
referred to in Section 29 of this Law, is not taking place but a
person mistakenly thinks that such an assault is taking
place.
(2) In cases when the circumstances of the offence have
provided a basis for assuming that an actual assault is taking
place but the person who has taken the defensive measures did not
know that such an assumption was mistaken, and, additionally, he
or she could not have and, moreover, should not have known it,
the acts of such person shall be judged as necessary
self-defence.
(3) A person who has exceeded the limits of self-defence which
would be permissible in the circumstances of a corresponding
actual assault, is liable similarly as for exceeding the limits
of necessary self-defence.
(4) A person who causes harm which corresponds to the elements
of a criminal offence, to an apparent assailant, not knowing that
the assault is apparent, even if in the actual circumstances he
or she should have and could have known such, shall be liable for
the relevant offence similarly as for one which has been
committed through negligence.
Section 31. Detention Causing
Personal Harm
(1) Detention causing personal harm is an act which is
directed against such person who is committing or has committed a
criminal offence. Criminal liability for this act shall not apply
if apparent non-conformity of the harm caused to the person with
the nature of the offence, non-compliance or resistance is not
allowed.
(2) A person who, in carrying out detention, has violated the
conditions regarding detention, shall be liable for violating
such conditions.
(3) If the acts by which harm has been caused to the person to
be detained have not been necessary for his or her detention,
liability on a general basis applies for the harm caused.
(4) The causing of harm to the detained person through
negligence shall not be criminally punishable.
Section 32. Acts of Extreme
Necessity
An act of extreme necessity is an act which is committed by a
person to prevent harm, which threatens national or public
interests, rights of this person or another person, as well as
this person or another person, if it has not been possible to
prevent the relevant harm in the particular circumstances by
other means and if the harm caused is less than that which was
prevented. Extreme necessity excludes criminal liability.
Section 33. Justifiable Professional
Risk
(1) Criminal liability shall not apply for harm that has been
committed through a professional act which has the constituent
elements of a criminal offence, if such act has been committed in
order to achieve a socially useful objective that could not be
achieved by other means. The professional risk related to this
act shall be considered justifiable, if the person who has
allowed the risk has taken all measures to prevent harm to
legally protected interests.
(2) The risk shall be considered not to be justified, if it is
knowingly related to a threat to the life of several persons or
threatens to cause an ecological or public disaster.
Section 34. Execution of Criminal
Commands or Criminal Orders
(1) Execution of a criminal command or a criminal order by the
person who has executed it is justifiable only in those cases
when the person did not know of the criminal nature of the
command or the order and it was not obvious. In such cases,
criminal liability shall nonetheless apply if crimes against
humanity and peace, war crimes or genocide have been
committed.
(2) A person who has not executed a criminal command or order
shall not be held criminally liable.
Chapter IV
Punishment
Section 35. Punishment and Its
Purpose
(1) Punishment as provided for in the Criminal Law is a
compulsory measure which, within the limits of this Law, is
adjudged by court on behalf of the State against persons guilty
of the committing of a criminal offence or, in the cases provided
for by law, imposed by a prosecutor by drawing up a penal
order.
(2) The purpose of punishment is:
1) to protect the public safety;
2) to restore justice;
3) to punish the offender for a committed criminal
offence;
4) to resocialize the punished person;
5) to achieve that the convicted person and other persons
comply with the law and refrain from committing criminal
offences.
[28 September 2005; 13 December 2012]
Section 36. Forms of Punishment
(1) One of the following basic punishments may be adjudged
against a person who has committed a criminal offence:
1) [1 December 2011];
2) deprivation of liberty;
3) [13 December 2012];
4) [13 December 2012];
41) probationary supervision;
5) community service;
6) a fine.
(2) In addition to a basic punishment, the following
additional punishments may be adjudged against a convicted
person:
1) confiscation of property;
2) deportation from the Republic of Latvia;
3) probationary supervision;
4) community service;
5) a fine;
6) restriction of rights.
(3) For a person who has committed a criminal violation, a
less serious crime, or a serious crime for which a punishment of
deprivation of liberty for a period of up to five years is
provided for, a prosecutor in drawing up a penal order may
specify probationary supervision, community service, or fine, and
also additional punishments - community service, fine, or
restriction of rights.
(4) The procedures for serving a punishment shall be
determined in accordance with law.
[12 February 2004; 28 September 2005; 8 December 2005; 21
May 2009; 8 July 2011; 1 December 2011; 13 December 2012; 10
March 2016; 17 December 2020]
Section 37. Death Penalty
[1 December 2011]
Section 38. Deprivation of
Liberty
(1) Deprivation of liberty is the compulsory imprisonment of a
person.
(2) Deprivation of liberty shall be determined for a period of
fifteen days and up to twenty years.
(21) In cases specifically provided for in this
Law, temporary deprivation of liberty for a period not exceeding
three months may be determined for criminal violations and crimes
for which deprivation of liberty for a period up to five years is
provided for in this Law.
(3) In cases specifically provided for in this Law,
deprivation of liberty may be determined for life (life
imprisonment).
(4) The period of deprivation of liberty shall be determined
in years, months and days.
[16 June 2009; 13 December 2012; 25 September 2014; 12
November 2015]
Section 38.1 Probationary
Supervision
(1) Probationary supervision as a basic punishment or
additional punishment is compulsory involvement of a person in
social behaviour correction and social rehabilitation measures
appropriate for his or her age, psychological characteristics,
and level of development.
(2) Probationary supervision may be imposed as a basic
punishment only in the cases referred to in the Special Part of
this Law for a period of one year and up to five years.
(3) Probationary supervision may be imposed as an additional
punishment only jointly with deprivation of liberty in the cases
referred to in the Special Part of this Law for a period of one
year and up to three years. In the cases provided for in the
Special Part of this Law, a probationary supervision may also be
applied to a person as an additional punishment for a longer
period, however, the period may not exceed five years. According
to the nature of a criminal offence, a court may determine
probationary supervision as an additional punishment also in
cases when such punishment is not provided for in the sanction of
the relevant Section of the Special Part of this Law, for a
period of one year and up to three years.
(4) A convicted person or a person upon whom probationary
supervision has been imposed with the prosecutor's penal order
shall, during probationary supervision, fulfil the obligations
provided for in the law governing the execution of criminal
punishments and stipulated by the sentence execution
institution.
(5) Execution of probationary supervision as an additional
punishment shall be commenced after serving the punishment of
deprivation of liberty. If a person is conditionally released
from execution of the punishment of deprivation of liberty prior
to completion thereof, probationary supervision as an additional
punishment shall be commenced from the moment when the
supervision of a person after conditional release has ended.
(6) After receipt of a submission of the sentence execution
institution, a court may reduce the time period of probationary
supervision or revoke probationary supervision if the person upon
whom probationary supervision has been imposed by a court
judgment or the prosecutor's penal order has served half of the
specified time period of the punishment, has, in exemplary
manner, fulfilled the obligations provided for in the law
governing the execution of criminal punishments and stipulated by
the sentence execution institution and cooperated with the
sentence execution institution in solving problems of
criminogenic nature and achieving socially supported
objectives.
(7) If a person upon whom probationary supervision has been
imposed by a court judgment or the prosecutor's penal order does
not fulfil the obligations provided for in the law governing the
execution of criminal punishments or stipulated by the sentence
execution institution without a justified reason, a court shall,
after receipt of a submission of the sentence execution
institution, substitute the unserved punishment term, counting
one probationary supervision day as one day of deprivation of
liberty, but not longer than:
1) three months if probationary supervision has been imposed
for a criminal violation;
2) three years if probationary supervision has been imposed
for a less serious crime;
3) five years if probationary supervision has been imposed for
a serious or especially serious crime.
[17 December 2020; 7 April 2022]
Section 39. Custodial Arrest
[13 December 2012]
Section 40. Community Service
(1) Community service as a basic punishment or additional
punishment is compulsory involvement of a person in indispensable
public service appropriate for his or her age, psychological
characteristics, physical abilities, and level of development
during free time outside regular employment or studies and
without remuneration.
(2) Community service as a basic punishment shall be
determined for a period of forty hours and up to two hundred and
eighty hours. Community service as an additional punishment for a
period of forty and up to one hundred hours may be applied to a
person upon whom suspended sentence has been imposed or upon whom
probationary supervision has been imposed as the basic
punishment.
(3) Community service shall not be imposed on persons who are
not able to perform it due to physical or mental disorders.
(4) Upon proposal of the sentence execution institution, a
person who has been convicted with community service or for whom
community service has been imposed by the prosecutor's penal
order may be released from serving the punishment by a court if
the community service has been determined for a time period of
not less than eighty hours, if not less than half of the
specified punishment has been actually served, and the person has
fulfilled the obligations provided for in the law governing the
execution of criminal punishments, has complied with the
conditions and procedures for the execution of community service,
and also has, in exemplary manner, fulfilled community
service.
(5) If a person convicted with community service or a person
for whom community service has been imposed by the prosecutor's
penal order does not fulfil it without a justified reason, a
court shall, after receipt of a submission of the sentence
execution institution, substitute temporary deprivation of
liberty for the unserved punishment, calculating four hours of
work as one day of temporary deprivation of liberty, but not
longer than three months.
[17 December 2020; 7 April 2022]
Section 41. Fines
(1) A fine as a basic punishment or additional punishment is a
sum of money which is imposed by a court or prosecutor to be paid
for the benefit of the State within 30 days in the amounts
specified in this Section.
(2) A fine as a basic punishment proportionate to the
harmfulness of the criminal offence and the financial status of
the offender shall be determined:
1) for a criminal violation - in the amount of one and up to
one hundred minimum monthly wages specified in the Republic of
Latvia;
2) for a less serious crime - in the amount of three and up to
one thousand minimum monthly wages specified in the Republic of
Latvia;
3) for a serious crime for which deprivation of liberty for a
period not exceeding five years is provided for in this Law - in
the amount of ten and up to two thousand minimum monthly wages
specified in the Republic of Latvia.
(21) A fine shall be determined in the amount of
the minimum monthly wage specified in the Republic of Latvia at
the time of preparing the judgment, indicating the amount of the
fine in the monetary units of the Republic of Latvia in the
judgement.
(22) Considering the harmfulness of the criminal
offence and the financial status of the offender, a court may
determine a fine as the basic punishment also for the commission
of such serious crime for which deprivation of liberty for a
period exceeding five years is provided for in this Law, and the
commission of an especially serious crime, if the crime has not
resulted in death of a human being, has not caused serious bodily
injuries to at least one person or less serious bodily injuries
to several persons, is not related to violence or threat of
violence, is not related to illegal handling of narcotic and
psychotropic substances and has not been committed in an
organised group, in the amount of three hundred and up to ten
thousand minimum monthly wages specified in the Republic of
Latvia.
(3) A fine as an additional punishment proportionate to the
harmfulness of the criminal offence and the financial status of
the offender shall be determined:
1) for a criminal violation - in the amount of one and up to
one hundred minimum monthly wages specified in the Republic of
Latvia;
2) for a less serious crime - in the amount of three and up to
one thousand minimum monthly wages specified in the Republic of
Latvia;
3) for a serious crime for which deprivation of liberty for a
period not exceeding five years is provided for in this Law - in
the amount of five and up to two thousand minimum monthly wages
specified in the Republic of Latvia;
4) for a serious crime for which deprivation of liberty for a
period exceeding five years is provided for in this Law and for
an especially serious crime - in the amount of ten and up to five
thousand minimum monthly wages specified in the Republic of
Latvia.
(4) The financial status of the offender shall be determined
by evaluating his or her possibilities to pay the fine without
delay or to acquire foreseeable income which could provide the
possibility for him or her to pay the fine imposed within the
time period specified in the Law.
(5) A court or prosecutor as appropriate may divide the
payment of the fine into terms or suspend the payment for a time
period which does not exceed a year from the day when a judgement
or the penal order has entered into legal effect. If the fine
exceeds the amount of three hundred minimum monthly wages, a
court or the prosecutor as appropriate may divide the payment of
the fine into terms or suspend the payment for a time period
which does not exceed three years from the day when a judgement
or the penal order has entered into legal effect.
(6) The amount of the fine not paid in due time, if it does
not exceed the amount of thirty minimum monthly wages, shall be
substituted with temporary deprivation of liberty, calculating
one minimum monthly wage as four days of temporary deprivation of
liberty, however, not exceeding three months; the unpaid fine, if
it does not exceed the amount two hundred minimum monthly wages,
shall be substituted with deprivation of liberty, calculating one
minimum monthly wage as four days of deprivation of liberty,
however, not exceeding one year; the unpaid fine, if it exceeds
two hundred minimum monthly wages, shall be substituted with
deprivation of liberty, calculating one minimum monthly wage as
five days of deprivation of liberty, however, not exceeding five
years.
(7) If a fine or a part thereof is paid during the time a
convicted person is serving a punishment of deprivation of
liberty instead of a fine, the convicted person shall be
released, or the period of deprivation of liberty shall be
reduced, according to the portion of the fine paid. In reducing
the period of the punishment as indicated, the time of
deprivation of liberty shall be included according the
proportions determined by a court.
[16 June 2009; 13 December 2012; 12 December 2015; 29
October 2015; 10 March 2016; 8 June 2017; 6 June 2019; 11 June
2020; 6 July 2021; 7 April 2022]
Section 42. Confiscation of
Property
(1) Confiscation of property is compulsory alienation of the
property owned by a convicted person to the State ownership
without compensation. Confiscation of property may be specified
as an additional punishment. Property owned by a convicted person
which he or she has transferred to another natural or legal
person, may also be confiscated.
(2) Confiscation of property may be specified only in the
cases provided for in the Special Part of this Law.
(3) A court, in determining confiscation of property, shall
specifically indicate which property is to be confiscated.
(4) The indispensable property of the convicted person or of
his or her dependants which may not be confiscated, shall be
determined in the law.
[12 February 2004; 6 October 2005; 21 May 2009; 13 December
2012; 22 June 2017]
Section 43. Deportation from the
Republic of Latvia
(1) A citizen of another state, or a person who has a
permanent residence permit of another state, may be deported from
the Republic of Latvia if a court finds that, taking into account
the circumstances of the matter and the personality of the
offender, it is not permissible for him or her to remain in the
Republic of Latvia.
(11) Deportation from the Republic of Latvia shall
not apply to a citizen of the European Union Member State, state
of the European Economic Area or the Swiss Confederation, as well
as to his or her spouse, child up to twenty one years of age,
parents or a person with whom he or she is living together and
with whom he or she has a joint (single) household or who is
dependent on him or her, except cases when a court recognises
that, taking into account the circumstances of the case, the
nature of the criminal offence and the personality of the guilty
person, his or her presence in the Republic of Latvia causes
serious threats to public order or national security. If such
person has stayed in the Republic of Latvia for the previous ten
years or is a minor, then deportation shall be applicable thereto
only if a court recognises that, taking into account the
circumstances of the case, the nature of the criminal offence and
the personality of the guilty person, his or her presence in the
Republic of Latvia causes serious threats to national security.
Deportation from the Republic of Latvia shall be applicable to a
minor also if it conforms to the interests of the minor in
accordance with international agreements binding upon the
Republic of Latvia.
(2) This punishment may be adjudged as an additional
punishment jointly with deprivation of liberty or a fine,
determining the entry ban for a period from three to ten years
and executing it only after the basic punishment has been served
or after conditional release prior to completion of punishment in
accordance with the procedures laid down in law, or after
entering into effect of a judgment in case of suspended sentence.
The period of serving of the additional punishment shall be
counted from the day when the person has been deported from the
Republic of Latvia.
[13 December 2007; 13 December 2012; 16 October
2014]
Section 44. Restriction of
Rights
(1) Restriction of rights is the deprivation of specific
rights or determination of such prohibition which precludes a
person from executing specific rights, taking up a specific
office, performing a specific professional or other type of
activity, visiting of specific places or events.
(2) Restriction of rights is an additional punishment adjudged
by a court, or determined by a prosecutor in drawing up a penal
order for a period from one year up to five years, depriving the
rights provided for in the relevant Section in the Special Part
of this Law or determining a prohibition. Taking into account the
type and nature of the criminal offence in the cases provided for
in the Special Part of this Law a person may also be restricted
the rights for a longer period, however, the period may not
exceed ten years.
(3) According to the nature of the criminal offence, the
restriction of rights may be imposed also in cases where such
punishment has not been provided for in the sanction of the
relevant Section of the Special Part of this Law or another
restriction of rights may also be imposed in addition to the
restriction provided for in the sanction of the relevant Section
of the Special Part of this Law.
(4) If a person has been convicted with deprivation of liberty
and with restriction of rights, then the prohibition referred to
in this Section shall apply not only to the period when the
person is serving the deprivation of liberty, but also to the
period to be served for the additional punishment adjudged in the
judgment, calculated from the day when he or she completes
serving the basic punishment. In the determining of such
additional punishment jointly with suspended sentence, the period
of serving the additional punishment shall be calculated from the
day when the probationary period specified for the person starts.
In determining of such additional punishment jointly with other
forms of basic punishment, the period for serving the additional
punishment shall be calculated from the day when the judgement of
conviction or the prosecutor's penal order has entered into
effect.
[13 December 2012; 12 November 2015; 10 March 2016; 5
October 2023]
Section 44.1 Prohibition
to Become a Candidate in Saeima, European Parliament, City
Council, County Council and Parish Council Elections
[13 December 2012]
Section 45. Police Supervision
[8 July 2011 / The amendment on the deletion of the Section
shall come into force on 1 January 2015. See Paragraph 10 of the
Transitional Provisions]
Section 45.1 Probationary
Supervision
[17 December 2020]
Chapter V
Determination of Punishment
Section 46. General Principles for
Determination of Punishment
(1) A punishment shall be determined to the extent provided
for the committed criminal offence by the sanction of the
relevant Section of the Special Part of this Law, conforming to
the provisions of the General Part of this Law.
(2) In determining the type of punishment, the nature of and
harm caused by the criminal offence committed, as well as the
personality of the offender shall be taken into account.
(3) In determining the amount of punishment, the circumstances
mitigating or aggravating the liability shall be taken into
account.
(31) If the sanction of the relevant Section of the
Special Part of this Law for the crime committed only provides
for one basic punishment - deprivation of liberty, the nature of
and harm caused by the criminal offence committed, the
personality of the offender, and also the circumstances
mitigating or aggravating the liability shall be taken into
account, in determining the duration thereof.
(4) The punishment of deprivation of liberty for a criminal
violation and a less serious crime shall be applied if the
purpose of the punishment cannot be achieved by determining any
of the types of lesser punishment provided for in the sanction of
the relevant Section.
[13 December 2012; 7 April 2022]
Section 47. Mitigating
Circumstances
(1) The following circumstances shall be considered as
circumstances mitigating the liability:
1) the perpetrator of the criminal offence has admitted his or
her guilt, has freely confessed and has regretted the criminal
offence committed;
2) the offender has actively furthered the disclosure and
investigation of the criminal offence;
3) the offender has voluntarily compensated the harm caused by
the criminal offence to the victim or has eliminated the harm
caused;
4) the offender has facilitated the disclosure of a crime of
another person;
5) the criminal offence was committed as a result of unlawful
or immoral behaviour of the victim;
6) the criminal offence was committed exceeding the conditions
regarding the necessary self-defence, extreme necessity,
detention of the person committing the criminal offence,
justifiable professional risk, the legality of the execution of a
command and order;
7) the criminal offence was committed by a person in a state
of diminished mental capacity.
(2) In determining a punishment, circumstances which are not
provided for in this Law and which are related to the criminal
offence committed, may be considered as circumstances mitigating
the liability.
(3) A circumstance which is provided for in this Law as a
constituent element of a criminal offence, may not be considered
to be a mitigating circumstance.
[13 December 2012]
Section 48. Aggravating
Circumstances
(1) The following may be considered to be aggravating
circumstances:
1) the criminal offence constitutes recidivism of criminal
offences;
2) the criminal offence was committed while in a group of
persons;
3) the criminal offence was committed, taking advantage in bad
faith of an official position or trust of another person;
4) the criminal offence has caused serious consequences;
5) the criminal offence was committed against a woman, knowing
her to be pregnant;
6) the criminal offence was committed against a person who has
not attained eighteen years of age or against a person by taking
advantage of his or her condition of helplessness or of infirmity
due to old-age;
7) the criminal offence was committed against a person taking
advantage of his or her official, financial or other dependence
on the offender;
8) the criminal offence was committed with particular cruelty
or with humiliation of the victim;
9) the criminal offence was committed by taking advantage of
the circumstances of a public disaster or during an emergency
situation or a state of exception;
10) the criminal offence was committed employing weapons or
explosives, or in some other generally dangerous way;
11) the criminal offence was committed out of a desire to
acquire property;
12) the criminal offence was committed under the influence of
alcohol, narcotic, psychotropic, toxic or other intoxicating
substances;
13) the person committing the criminal offence, for the
purpose of having his or her punishment reduced, has knowingly
provided false information regarding a criminal offence committed
by another person;
14) the criminal offence was committed due to racist,
national, ethnic, or religious motives or due to social
hatred;
15) the criminal offence related to violence or threats of
violence, or the criminal offence against morality and sexual
inviolability was committed against a person to whom the
perpetrator of a criminal offence is related in the first or
second degree of kinship, or against the spouse or former spouse,
or against a person with whom the perpetrator of a criminal
offence is or has been in continuous intimate relationships, or
against a person with whom the perpetrator of a criminal offence
has a joint (single) household;
16) the criminal offence related to violence or threats of
violence, or an intentional criminal offence against health or
morality and sexual inviolability of a person was committed at
the presence of a minor;
17) the perpetrator of the criminal offence has knowingly
given a false testimony.
(2) Taking into account the nature of the criminal offence, it
may be decided not to consider any of the circumstances referred
to in Paragraph one of this Section as aggravating.
(3) In determining punishment, such circumstances may not be
considered as aggravating which are not set out in this Law.
(4) A circumstance which is provided for in this Law as a
constituent element of a criminal offence shall not be considered
an aggravating circumstance.
[27 May 2004; 12 October 2006; 21 October 2010; 13 December
2012; 15 May 2014; 25 September 2014; 8 June 2017; 26 April 2018;
11 June 2020; 6 July 2021]
Section 49. Determination of a
Lesser Punishment than the Punishment Provided for by Law
(1) If a court, by taking into account various mitigating
circumstances and the personality of the offender, considers it
necessary to impose a punishment which is less than the minimum
limit for the relevant criminal offence provided for by the Law,
it may reduce the punishment accordingly, setting out the reasons
for such ruling in the judgment.
(11) In determining the punishment of deprivation
of liberty which is less than the minimum limit for the relevant
criminal offence provided for by the Special Part of the Law, a
person may not be adjudged less than:
1) half of the minimum punishment for committing a serious
crime provided for in the sanction of the relevant Section;
2) two thirds of the minimum punishment for committing an
especially serious crime provided for in the sanction of the
relevant Section.
(2) Taking into account several circumstances mitigating the
liability and the personality of the offender, a court may
determine a type of lesser punishment for the commission of such
serious crime for which deprivation of liberty for a period
exceeding five years is provided for in this Law, and for the
commission of an especially serious crime, if the relevant crime
has not resulted in death of a human being, has not caused
serious bodily injuries to at least one person or less serious
bodily injuries to several persons, is not related to violence or
threat of violence, is not related to illegal handling of
narcotic and psychotropic substances and has not been committed
in an organised group.
(3) Paragraphs one and two of this Section are not applicable
if the court has found that the criminal offence was committed in
aggravating circumstances.
(4) [8 November 2007]
[25 April 2002; 8 November 2007; 13 December 2012; 8 June
2017]
Section 49.1
Determination of Punishment if the Rights to Termination of
Criminal Proceedings within Reasonable Time Period has not been
Observed
(1) If the court determines that the rights of a person to
termination of criminal proceedings within reasonable time period
have not been observed, it may:
1) take this circumstance into consideration when determining
the punishment and mitigate the punishment;
2) determine a punishment which is lower than the minimum
limit provided for the relevant criminal offence by the law;
3) determine another, lesser type of punishment than provided
for the relevant criminal offence by the law.
(2) If the court determines that the rights of a person to the
termination of criminal proceedings within reasonable time period
have not been observed and the person has committed a crime for
which life imprisonment is provided for in the sanction of the
Special Part of the Criminal Law, the court may determine a
deprivation of liberty for twenty years instead of life
imprisonment.
[21 October 2010; 1 December 2011]
Section 50. Determination of
Punishment for Several Criminal Offences
(1) If a person has committed several independent criminal
offences, a court in rendering a judgment or the prosecutor by
drawing up a penal order shall determine punishment separately
for each criminal offence. In such case the final punishment
shall be determined according to the aggregation of the criminal
offences, including the lesser punishment within the more serious
or also completely or partially adding together the punishments
imposed.
(2) If all criminal offences constituting the aggregation of
criminal offences are criminal violations or less serious crimes,
the final punishment shall be determined including the lesser
punishment within the more serious or also completely or
partially adding together the punishments imposed. In such case
the total amount or period of the punishment may exceed the
maximum amount or period of the punishment provided for the most
serious of the committed criminal offences, but not more than a
half of the maximum amount or period of the punishment provided
for the most serious of the criminal offences committed.
(3) If at least one criminal offence constituting the
aggregation of criminal offences is a serious or especially
serious crime, the final punishment shall be determined
completely or partially adding together the punishments imposed.
In such case the total amount or period of the punishment may
exceed the maximum amount or period of the punishment provided
for the most serious of the committed criminal offences, but not
more than a half of the maximum amount or period of the
punishment provided for the most serious of the criminal offences
committed. The total period of the punishments of deprivation of
liberty (except life imprisonment) added together shall not
exceed twenty five years, but, if an especially serious crime has
been committed resulting in death of the victim, the total period
of the punishment of deprivation of liberty may also be
determined for the whole life (life imprisonment).
(4) At first an additional punishment, the same as a basic
punishment, shall be determined separately for each of the
criminal offences and afterwards for the aggregation of criminal
offences together with a basic punishment. Additional punishments
adjudged separately for each of the criminal offences shall be
added to the basic punishment determined for the aggregation of
criminal offences.
(41) If a basic punishment and an additional
punishment conform to one type of punishment, then they shall be
fully or partially added up, determining the final punishment as
the basic punishment. In such case the total amount or time of
the punishment may exceed the maximum amount or time provided for
the relevant type of punishment, but not more than half of
it.
(5) The court shall determine the punishment in accordance
with the same procedure if, after a judgment has been rendered or
a prosecutor's penal order has been drawn up, it is established
that the person is also guilty of another criminal offence which
he or she had committed prior to entering into effect of the
judgment or the prosecutor's penal order in respect of the first
matter. In such case, the period of the punishment shall include
the punishment which has already been totally or partially served
after the first judgment. If the period of deprivation of liberty
determined conditionally in a judgment exceeds the period of
deprivation of liberty determined in another judgment, the period
of deprivation of liberty determined conditionally shall be
completely of partially added to the period of deprivation of
liberty.
(6) The total amount or period of the final punishment
determined in accordance with the procedures laid down in this
Section may exceed the maximum amount or period determined for
the relevant type of punishment.
[21 October 2010; 13 December 2012; 25 September 2014; 8
June 2017; 17 December 2020; 7 April 2022]
Section 51. Determination of
Punishment after Several Judgments
(1) If, after the judgment has entered into effect, but, prior
to serving the full punishment, the convicted person has
committed a new criminal offence, a court shall add, completely
or partially, the punishment which has not been served after the
previous judgment to the punishment determined in the new
judgment.
(11) In determining a punishment after several
judgments, not less than one third of the punishment unserved
shall be added to the punishment if:
1) a person who has been punished for a serious or especially
serious crime has committed a serious or especially serious crime
during the unserved punishment;
2) recidivism of criminal offences has been established;
3) the new criminal offence has been committed during the
probationary period specified by a court;
4) the new criminal offence has been committed during the time
when a person has been conditionally released prior to completion
of the basic punishment.
(2) The final punishment for several judgments shall exceed
the punishment which has been determined for the newly committed
criminal offence, as well as the part of the punishment which has
not been served after the previous judgment.
(3) In adding together punishments for several judgments, the
total amount or period of the punishment shall not exceed the
maximum amount or period set out for the relevant form of
punishment, but not more than a half of the maximum amount or
period determined for the relevant type of punishment. The total
period of punishments of deprivation of liberty added up (except
life imprisonment) shall not exceed thirty years, but if an
especially serious crime has been committed resulting in death of
a victim the total period of the punishment of deprivation of
liberty may also be determined for the whole life (life
imprisonment).
(31) If a life-sentenced prisoner who has been
conditionally released prior to completion of punishment commits
a criminal offence during the supervision of conditionally
released, a court shall add a life imprisonment to the punishment
determined.
(4) A judgment within the meaning of Sections 51 and 52 of
this Law is also a prosecutor's penal order.
[13 December 2007; 21 October 2010; 13 December 2012; 25
September 2014; 11 June 2020]
Section 52. Provisions for Addition
of and Substitution of Punishments
(1) In adding together punishments for several criminal
offences in one judgment or in several judgments, one day of a
punishment of deprivation of liberty corresponds to:
1) [13 December 2012];
2) eight hours of community service;
3) [8 July 2011];
4) two days of probationary supervision.
(2) A fine, restriction of rights, if such punishments are
imposed jointly with a punishment of deprivation of liberty,
probationary supervision, or community service, are executed
independently. In case of a suspended sentence the additional
punishment - community service - is executed independently upon
commencement of the probationary period.
(21) If basic punishments - community service and
deprivation of liberty the period of which jointly does not
exceed five years - have been imposed for several criminal
offences in one judgment or according to several judgments, the
punishment - community service - shall be executed independently.
In such cases the execution of community service shall be
commenced after serving the punishment of deprivation of liberty,
but in case of a suspended sentence - immediately after entering
into effect of the judgment.
(22) If punishments - community service and
probationary supervision - have been imposed for several criminal
offences in one judgment or according to several judgments, the
community service shall be executed concurrently with
probationary supervision.
(23) If basic punishments - probationary
supervision and deprivation of liberty which has not been
determined conditionally and the period of which jointly does not
exceed five years - have been imposed for several criminal
offences in one judgment or according to several judgments, the
punishment - probationary service - shall be executed
independently. In such cases the execution of probationary
supervision shall be commenced after serving the punishment of
deprivation of liberty.
(3) In determining punishments which have not been mentioned
in Paragraph one of this Section, a court, taking into account
any arrest, the part of a punishment already served, or a period
of application of compulsory measures of a medical nature, may
reduce the punishment or totally release the offender from
serving punishment.
(4) The period of a punishment shall be calculated in years,
months, and days. A court shall count arrest as part of the
period of a punishment, calculating one day of arrest as one day
of deprivation of liberty. A court shall count detention as part
of the period of a punishment, calculating detention of up to 24
hours as one day of deprivation of liberty. Such arrest is not
counted as part of the period of a punishment which coincides, in
terms of time, with serving of a punishment of deprivation of
liberty for another criminal offence.
(5) Arrest, detention, and a part of a served punishment shall
be counted as part of the period of the most serious punishment
in accordance with the provisions of Paragraph one of this
Section.
(6) House arrest shall be counted as part of the period of
punishment of deprivation of liberty. One house arrest day shall
be the equivalent of one day of deprivation of liberty.
(7) The substituted punishments shall be completely added
together.
[12 June 2003; 28 September 2005; 16 June 2009; 8 July
2011; 13 December 2012; 15 May 2014; 8 June 2017; 6 June 2019; 11
June 2020; 17 December 2020]
Section 53. Determination of
Punishment for Preparation for a Crime and for an Attempted
Crime
In determining punishment for preparation for a crime or for
an attempted crime, a court shall take into account the nature of
the acts committed by the offender and the harm caused by such,
the degree of realisation of the criminal intent, and the reasons
why the crime has not been completed.
Section 54. Determination of
Punishment for a Criminal Offence Committed by Joint
Participants
(1) In determining punishment for joint participants in a
criminal offence, a court shall take into account the nature of
participation of each person and his or her role in the committed
criminal offence.
(2) Aggravating or mitigating circumstances pertaining to an
individual joint participant shall be taken into account by a
court only in determination of punishment for this joint
participant.
Section 55. Suspended Sentence
(1) If, in determining a punishment - deprivation of liberty -
for a period exceeding three months but not exceeding five years,
or not exceeding three years if an especially serious crime has
been committed, a court, taking into account the nature of the
committed criminal offence and the harm caused, the personality
of the offender and other circumstances of the matter, becomes
convinced that the offender, without serving the punishment, will
not commit violations of the law in the future, it may punish the
offender with a suspended sentence.
(2) In such case the court shall decide that the execution of
sentence is suspended if, within the period of probation
adjudicated by it, the convicted person does not commit a new
criminal offence, does not violate public order, and fulfils the
obligations provided for in the law governing the execution of
criminal punishments and stipulated by the sentence execution
institution.
(3) In imposing suspended sentence, the court shall determine
a period of probation of not less than six months and up to five
years. The period of probation shall commence on the day of the
entering into effect of the court judgment. The specified period
of probation may not be less than the applied period of
deprivation of liberty.
(4) In imposing suspended sentence, circumstances, which the
court has found material for not serving the punishment, shall be
set out in the judgment.
(5) In imposing a suspended sentence, additional punishments
may be imposed. Additional punishment - probationary supervision
- shall be executed only if the court decides to execute the
basic punishment determined in the judgment.
(6) [16 October 2014]
(7) [16 October 2014]
(8) [16 October 2014]
(9) If a convicted person upon whom a suspended sentence has
been imposed does not fulfil the obligations provided for in the
law governing the execution of criminal punishments or stipulated
by the sentence execution institution without a justified reason,
the court, on the basis of a submission of the sentence execution
institution, may take the decision to serve the punishment
determined in the judgment for the convicted person, or to extend
the period of probation up to one year.
(10) If a convicted person upon whom a suspended sentence has
been imposed, commits a new criminal offence during the period of
probation, his or her imposed punishment shall be implemented and
the court shall determine punishment for him or her in accordance
with the provisions provided for in Sections 51 and 52 of this
Law.
(101) If a convicted person upon whom a suspended
sentence has been imposed commits a new criminal offence through
negligence and if he or she is released from criminal liability
for the new criminal offence in accordance with Section 58 of
this Law or is released from the punishment in accordance with
Section 59 of this Law, or a fine or community service has been
determined as the basic punishment to him or her for the new
criminal offence, the court may take the decision to extend the
probationary period up to one year.
(11) Imposing of a suspended sentence shall not be determined
for a person for committing of an intentional criminal offence,
if the person has been previously convicted with deprivation of
liberty and the criminal record thereof has not been set aside or
extinguished in accordance with the procedures laid down in law.
Imposing of a suspended sentence shall not be determined for a
person who has committed the crime provided for in Section 159 or
160 of this Law.
[18 December 2003; 27 May 2004; 12 February 2004; 21 June
2007; 13 December 2007; 8 November 2007; 8 July 2011; 13 December
2012; 25 September 2014; 16 October 2014; 8 June 2017; 11 June
2020; 17 December 2020]
Chapter VI
Release from Criminal Liability and Punishment
Section 56. Criminal Liability
Limitation Period
(1) A person may not be held criminally liable if from the day
when he or she committed the criminal offence, the following time
period has elapsed:
1) [21 October 2010];
2) two years after the day of committing a criminal
violation;
3) five years after the day of committing a less serious
crime;
4) ten years after the day of committing a serious crime;
5) fifteen years after the day of committing an especially
serious crime, except a crime for which, in accordance with the
law, life imprisonment may be adjudged;
6) [12 November 2015].
(11) A person may not be held criminally liable if
twenty years have elapsed from the day when the victim of the
criminal offence against morality and sexual inviolability of a
minor or resulting in serious bodily injury related to genital
mutilation or loss of reproductive capacity, or of human
trafficking, or of compelling commission of an abortion has
attained eighteen years of age, except for the crime for which,
in accordance with the Law, life imprisonment may be
adjudged.
(2) The limitation period shall be calculated from the day
when the criminal offence has been committed or in the case
provided for in Paragraph 1.1 of this Section from the
day when the victim has attained eighteen years of age, until
when charges are brought or the accused has been issued an
official extradition request if the accused resides in another
state and has been declared as wanted.
(3) The limitation period is interrupted if, before expiry of
the time periods laid down in Paragraph one or 1.1 of
this Section, the person who has committed the criminal offence
commits a new criminal offence. In such case, the limitation
period provided for the more serious of the committed criminal
offences shall be calculated from the time of the committing the
new criminal offence.
(4) The issue of application of a limitation period to a
person who has committed a crime for which life imprisonment may
be adjudged, shall be decided by a court, if from the day of
committing the crime or from the day when the victim of a crime
against morality and sexual inviolability of a minor, has
attained eighteen years of age, thirty years have elapsed.
[20 May 2004; 28 September 2005; 12 October 2006; 21
October 2010; 1 December 2011; 13 December 2012; 12 November
2015; 8 June 2017]
Section 57. Inapplicability of
Limitation Period
A limitation period for criminal liability is not applicable
to a person who has committed a crime against humanity, a crime
against peace, a war crime, or a person who has participated in
genocide.
Section 58. Release from Criminal
Liability
(1) A person who has committed a misdemeanour may be released
from criminal liability.
(2) A person who has committed a criminal violation or a less
serious crime, except criminal offences resulting in death of a
human being, may be released from criminal liability if there is
a settlement effected with the victim or with his or her
representative and within the last year the person has not been
released from criminal liability for committing an intentional
criminal offence by reaching a settlement and has completely
eliminated the harm caused by the criminal offences committed or
has reimbursed for the losses caused.
(3) The accused who has given substantial assistance in
uncovering a serious or especially serious crime of another
person which is more serious or dangerous than the crime
committed by the person himself or herself may be released from
criminal liability if this other person has been held criminally
liable for such crime. This provision shall not apply to a person
who is held criminally liable for especially serious crimes
provided for in Sections 116, 117, 118, 125, 159, 160, 176,
190.1, 251, 252, and 253.1 of this Law or
to a person who has established or managed himself or herself an
organised group or a gang.
(4) A person may also be released from criminal liability in
particular cases provided for in the Special Part of this
Law.
(5) A person may also be released from criminal liability, if
it is established that his or her rights to termination of
criminal proceedings within reasonable time period have not been
observed.
(6) A person may be released from criminal liability, if he or
she has committed a criminal offence during a period when he or
she was subjected to human trafficking and was forced to commit
it.
[25 April 2002; 28 September 2005; 21 May 2009; 21 October
2010; 13 December 2012; 11 June 2020; 7 April 2022]
Section 58.1 Conditional
Release from Criminal Liability
(1) A person who has committed a criminal violation or a less
serious crime and who has not been punished for an intentional
criminal offence, and also against whom criminal proceedings have
not been terminated within the last five years, may be
conditionally released from criminal liability by a prosecutor
if, taking into account the nature of the offence and the harm
caused, information characterising the accused and other
circumstances of the matter, a conviction has been acquired that
the accused will not commit further criminal offences.
(11) A prosecutor may, in accordance with the
procedures laid down in the Law, also conditionally release from
criminal liability a person who is accused of committing a
serious crime, who has not been punished for an intentional
criminal offence, and also against whom criminal proceedings have
not been terminated within the last five years with conditional
release from criminal liability and who has given substantial
assistance in the uncovering of a serious or especially serious
crime, which is more serious or dangerous than the crime
committed by the person himself or herself if this other person
has been held criminally liable for such crime. This provision
shall not apply to a person who is held criminally liable for
committing the serious crimes provided for in Sections 125, 159,
160, 176, 190.1, 251, 252, and 253.1 of
this Law, or to a person who has been an organiser of a
crime.
(2) In conditionally releasing from criminal liability, the
prosecutor shall decide not to continue the criminal prosecution
of the person for the offence, if in the probationary period the
person does not commit a new criminal offence and fulfils the
duties imposed, as well as in case if a settlement has been
reached the conditions thereof will be fulfilled.
(3) In conditionally releasing from criminal liability, the
prosecutor shall determine for the person a probationary period
of not less than three and up to eighteen months. The
probationary period shall commence on the day of the entering
into effect of the prosecutor's decision.
(4) In conditionally releasing from criminal liability, the
prosecutor, with the consent of the person, may impose as a
duty:
1) to apologise to the victim;
2) to rectify the harm caused within a specific time
period;
21) [7 April 2022];
3) to arrive periodically at the sentence execution
institution and to participate in probation programmes in
accordance with the instructions of the sentence execution
institution;
31) [7 April 2022];
4) to refrain from specific types of actions or
activities;
5) to arrive periodically at the sentence execution
institution and to visit the specialist indicated by such
institution in order to undergo an addiction diagnostics, and to
carry out the instructions of the specialist, including to
receive medical treatment for alcoholism, narcotic, psychotropic,
toxic substance addiction or other addiction;
6) to deposit guarantee money within a specific time
period.
(41) The prosecutor shall determine the amount of
the guarantee money considering the nature of the criminal
offence and the harm caused by such offence, the financial status
of a person, and also the type and measure of the punishment
specified in the law.
(5) If a person who has been conditionally released from
criminal liability, during the period of probation commits a new
intentional criminal offence or does not fulfil the imposed
duties or the conditions of the settlement, his or her criminal
prosecution shall be continued. In such cases the deposited
guarantee money shall be transferred into the State budget.
[20 June 2002; 18 December 2003; 27 May 2004; 21 June 2007;
21 May 2009; 16 June 2009; 15 May 2014; 17 December 2020; 7 April
2022 / Clause 6 of Paragraph four, Paragraph 4.1,
and amendment regarding the supplementation of Paragraph five
with a sentence shall come into force on 3 November 2022. See
Transitional Provision of the Law of 7 April 2022]
Section 59. Release from Punishment
or Serving of Punishment
(1) The release of a convicted person from punishment or
serving of a punishment and the reduction of a punishment as
adjudged, except release from punishment or reduction of a
punishment on the basis of amnesty or clemency, may only be done
by a court in cases and in accordance with procedures laid down
in the law.
(2) A court may, in the cases provided for in this Law,
release persons who have not attained the age of majority from
punishment, imposing compulsory measures of a corrective
nature.
(3) A court may also release a person from punishment in the
cases provided for in Section 58 of this Law.
(4) A court may release a person who has committed a criminal
violation or a less serious crime due to alcoholism, narcotic,
psychotropic addiction or toxic substance addiction, from serving
a punishment, if this person has agreed to medical treatment for
alcoholism, narcotic, psychotropic addiction or toxic substance
addiction. The punishment shall be served if the person has not
commenced undergoing the medical treatment within the time
stipulated by the court or, after this, has avoided the medical
treatment.
(5) If a person who has been convicted of a criminal offence
or for whom a punishment has been specified with a prosecutor's
penal order, after the judgment is proclaimed or after a
prosecutor has issued a penal order, has become ill with a mental
illness which has deprived him or her of the ability to
understand his or her actions or to control them, a court shall
release such person from serving a punishment. Compulsory
measures of a medical nature may be imposed on him or her in
accordance with the provisions laid down in this Law.
(6) If a person who has been convicted of a criminal offence
or for whom a punishment has been determined by a prosecutor's
penal order has become ill with another serious incurable
illness, a court may release such person from serving the
punishment.
[27 May 2004; 13 December 2007; 13 December 2012]
Section 60. Reduction of Punishment
in Exceptional Cases
If a convicted person has helped uncover a crime committed by
another person which is as serious, more serious, or more
dangerous than the criminal offence committed by the person
himself or herself and this other person has been held criminally
liable for such crime, the court may reduce the punishment
specified in the judgment, but where life imprisonment has been
adjudged, may substitute it with twenty years of deprivation of
liberty.
[7 April 2022]
Section 61. Conditional Release
Prior to Completion of Punishment
(1) A person who has been convicted with deprivation of
liberty, except temporary deprivation of liberty, may be
conditionally released prior to completion of his or her basic
punishment, if there is a reason to believe that he or she is
able to adapt in the society after release without committing a
criminal offence.
(2) Taking into account the personality and behaviour of the
convicted person, conditional release prior to completion of
punishment may be ordered, if:
1) the convicted person has reached a certain result of
resocialisation;
2) the convicted person to the extent possible has voluntarily
made compensation for the losses caused by his or her crime;
3) the convicted person has the possibilities to acquire means
of subsistence in legal way after his or her release;
4) the period specified in a law governing the execution of
criminal punishments after imposition of a punishment for the
violation of the punishment serving regime has lapsed and there
are no effective punishments for administrative violations
committed during execution of the punishment of deprivation of
liberty;
5) the convicted person is solving and is ready to continue to
solve his or her psychological problems which have caused or may
cause commitment of criminal offence;
6) the convicted person has agreed to treatment for alcoholism
or addiction to narcotic, psychotropic or toxic substances, if he
or she has committed the criminal offence due to alcoholism or
addiction to narcotic, psychotropic or toxic substances.
(21) Upon conditional release prior to completion
of punishment a convicted person may be applied electronic
monitoring in conformity with the following conditions:
1) the convicted person agrees to electronic monitoring;
2) implementation of electronic monitoring is possible at the
place of residence of the convicted person;
3) application of electronic monitoring will promote inclusion
of the convicted person in the society.
(3) Conditional release prior to completion of punishment may
be proposed if the convicted person has actually served:
1) not less than half of the punishment imposed for a less
serious crime committed;
2) not less than two-thirds of the punishment imposed, if it
has been imposed for a serious crime, or if the convicted person
is a person who has previously been convicted with deprivation of
liberty for an intentional crime and the criminal record for this
crime has not been set aside or extinguished;
3) not less than three-quarters of the punishment imposed, if
it has been adjudged for an especially serious crime or if the
convicted person is a person who has previously been
conditionally released prior to completion of punishment and has
newly committed an intentional crime during the period of the
unserved punishment;
4) twenty-five years of a punishment of deprivation of
liberty, if the convicted person is a person for whom life
imprisonment has been imposed.
(31) If application of electronic monitoring is
possible in accordance with that laid down in Paragraph
2.1 of this Section, conditional release prior to
completion of punishment with determination of electronic
monitoring may be proposed, if the convicted person has actually
served:
1) not less than one third of the punishment imposed for a
less serious crime;
2) not less than half of the punishment imposed, if it has
been imposed for a serious crime, as well as if the convicted
person is a person who has previously been convicted with
deprivation of liberty for an intentional crime and the criminal
record for this crime has not been set aside or extinguished;
3) not less than two-thirds of the punishment imposed, if it
has been adjudged for an especially serious crime, as well as if
the convicted person is a person who has previously been
conditionally released prior to completion of punishment and has
newly committed an intentional crime during the period of the
unserved punishment;
4) not less than twenty-four years of a punishment of
deprivation of liberty, if the convicted person is a person for
whom life imprisonment has been imposed.
(4) During the unserved part of the punishment a person who
has been conditionally released shall fulfil the obligations
provided for in the law governing the execution of criminal
punishments and stipulated by the sentence execution institution.
If a person who has been conditionally released does not fulfil
the abovementioned obligations without a justified reason, the
court may, on the basis of a submission of the sentence execution
institution, take the decision to execute the part of unserved
punishment.
(41) If a person who has been conditionally
released and who has been applied electronic monitoring does not
fulfil the obligations related to electronic monitoring laid down
in the law governing the execution of criminal punishments
without a justified reason, revokes his or her consent to
electronic monitoring, or implementation of electronic monitoring
is not possible anymore in the conditions in which he or she
lives, the court may, on the basis of a submission of the
sentence execution institution, take the decision to execute the
part of unserved punishment.
(42) If a person who has been conditionally
released and who has been applied electronic monitoring has, in
exemplary manner, fulfilled the obligations provided for in the
law governing the execution of criminal punishments and
stipulated by the sentence execution institution and the period
laid down in Section 61, Paragraph three of this Law has set in,
according to which conditional release prior to completion of
punishment is possible without determination of electronic
monitoring, the court may, on the basis of a submission of the
sentence execution institution, take the decision to revoke
electronic monitoring. If the court takes a decision to revoke
electronic monitoring, the convicted person is monitored in
accordance with the provisions for monitoring of the convicted
persons conditionally released prior to completion of punishment
provided for in the laws and regulations governing the execution
of criminal punishments.
(43) After release, the life-sentenced prisoner who
has been conditionally released prior to completion of punishment
shall be under supervision of the sentence execution institution
for life and shall fulfil the obligations provided for in the law
governing the execution of criminal punishments and stipulated by
the sentence execution institution. If the life-sentenced
prisoner who has been conditionally released prior to completion
of punishment does not fulfil the obligations provided for in the
law governing the execution of criminal punishments and
stipulated by the sentence execution institution without a
justified reason, the court may, on the basis of a submission of
the sentence execution institution, take the decision to
substitute the period of supervision of conditionally released
with deprivation of liberty for life (life imprisonment).
(44) If a life-sentenced prisoner who has been
conditionally released prior to completion of punishment and who
has been applied electronic monitoring does not fulfil the
obligations related to electronic monitoring laid down in the law
governing the execution of criminal punishments without a
justified reason, revokes his or her consent to electronic
monitoring, or implementation of electronic monitoring is not
possible anymore in the conditions in which he or she lives, the
court shall, on the basis of a submission of the sentence
execution institution, take the decision to substitute the period
of supervision of conditionally released with deprivation of
liberty for life (life imprisonment).
(5) If a person who has been conditionally released prior to
completion of punishment commits a new criminal offence during
the period of the punishment unserved, the court shall determine
punishment for him or her in accordance with the provisions
provided for in Sections 51 and 52 of this Law.
(6) Conditional release prior to completion of punishment
shall not be applied, if it has been imposed on a person of legal
age for an especially serious crime committed against a person
who has not attained the age of sixteen years, and is related to
sexual violence.
[27 May 2004; 21 June 2007; 30 October 2008; 8 July 2011; 1
December 2011; 13 December 2012; 15 May 2014; 16 October 2014; 11
June 2020; 17 December 2020]
Section 61.1 Electronic
Monitoring
(1) Electronic monitoring are intense control measures
determined by the court in order to restrict free movement of a
convicted person. In order to implement electronic monitoring, an
electronic device is attached to the body of the convicted person
in order to control his or her location at a specific time and
place.
(2) The court shall determine electronic monitoring for a time
period from one month to twelve months.
(3) The term of electronic monitoring shall start from the day
when the electronic device is attached to the body of the
convicted person. Upon termination of the term for electronic
monitoring stipulated by the court, the convicted person is
monitored in accordance with the provisions for monitoring of the
convicted persons conditionally released prior to completion of
punishment provided for in the laws and regulations governing the
execution of criminal punishments, if the term of unserved
punishment has not ended.
[16 October 2014 / Section shall come into force from 1
July 2015. See Paragraph 19 of the Transitional
Provisions]
Section 62. Limitation Period on the
Execution of a Judgment of Conviction
(1) A judgment of conviction and a prosecutor's penal order
shall not be executed if the execution thereof has not been
commenced within the following time periods from the day when it
enters into legal effect:
1) within two years, if temporary deprivation of liberty,
community service, or a fine has been adjudged;
11) within two years after serving of the
punishment of deprivation of liberty, if the punishment -
community service - is to be executed independently in the cases
provided for in Section 52, Paragraph 2.1 of this
Law;
2) [6 June 2019];
21) within three years, if probationary supervision
has been adjudged;
3) within five years, if deprivation of liberty has been
adjudged for a period not exceeding five years;
4) within ten years, if deprivation of liberty has been
adjudged for a period not exceeding ten years;
5) within fifteen years, if a more severe punishment has been
adjudged than deprivation of liberty for ten years.
(2) A limitation period is interrupted if a convicted person
evades serving the punishment or before the time of expiration of
the limitation period commits a new criminal offence for which a
court has adjudged deprivation of liberty for a period of one
year. If a new criminal offence has been committed, the
limitation period shall be calculated from the time of its
commission, but if the convicted person has avoided serving the
punishment, from the time he or she arrives to serve the
punishment or from the time when a convicted person who has been
in hiding, is detained. However, the judgment of conviction shall
not be carried out if from the time it has entered into effect
fifteen years have elapsed and a new criminal offence has not
interrupted the limitation period. The issue of whether the
convicted person has evaded serving the punishment shall be
decided by a court.
(3) The issue of a limitation period in respect of a person
for whom life imprisonment has been imposed shall be decided by a
court.
[12 February 2004; 13 December 2007; 1 December 2011; 13
December 2012; 14 March 2013; 25 September 2014; 29 October 2015;
6 June 2019; 17 December 2020]
Section 63. Extinguishment and
Setting Aside of Criminal Record
(1) Criminal record is the legal consequences of the
convicting or determination of punishment for a person who has
committed a criminal offence, which is in effect during the
period of punishment imposed by a court or in a prosecutor's
penal order, as well as afterwards until the criminal record is
extinguished or set aside in accordance with the procedures laid
down in law.
(2) A person shall be considered to be convicted from the day
the judgment of conviction or the prosecutor's penal order enters
into effect.
(3) The following shall be deemed to not be convicted:
1) persons who have been released from a punishment by a court
judgment or have been acquitted;
2) persons in relation to whom the limitation period for
execution of a judgment of conviction provided for in the law is
applicable;
3) persons upon whom a suspended sentence has been imposed -
one year after the end of the probationary period, but in case of
application of an additional punishment - one year after the end
of serving the additional punishment. If for a person upon whom a
suspended sentence has been imposed the adjudged punishment has
been executed, the period for extinguishing of criminal record
shall be calculated taking into account the punishment actually
served;
4) after one year - persons who have served temporary
deprivation of liberty, community service, or fine;
5) after two years - persons who have served a punishment of
deprivation of liberty not exceeding three years or probationary
supervision;
6) after five years - persons who have served a punishment of
deprivation of liberty exceeding three years but not exceeding
five years;
7) after eight years - persons who have served a punishment of
deprivation of liberty exceeding five years but not exceeding ten
years;
8) after ten years - persons who have served a punishment of
deprivation of liberty exceeding ten years.
(4) The period for extinguishing of criminal record shall be
calculated from the day when the person has completed his or her
basic punishment and additional punishment in full extent.
Execution of the additional punishment - confiscation of property
- shall not affect the calculation of the period for
extinguishing of criminal record.
(5) If, in accordance with the procedures laid down in law, a
person is released from punishment before completion of the term
of his or her punishment, the period for extinguishing of a
criminal record shall be calculated from the day when he or she
has been released from serving the punishment, taking into
account the period of the punishment actually served.
(6) [13 December 2012]
(7) If a person for whom deprivation of liberty has been
imposed, after serving his or her punishment has, by exemplary
behaviour and a conscientious attitude towards work, demonstrated
his or her rehabilitation, the court may set aside his or her
criminal record before expiration of the period indicated in this
Section.
(8) A criminal record may be set aside on the basis of
clemency or amnesty.
(9) The extinguishing or setting aside of a criminal record
annuls all criminal legal consequences for the criminal offence
committed, except for those which have been provided for by law
if a new criminal offence has been committed prior to
extinguishing or setting aside of a criminal record.
[17 October 2002; 12 February 2004; 28 September 2005; 8
November 2007; 21 October 2010; 13 December 2012; 15 May 2014; 25
September 2014; 10 March 2016; 8 June 2017; 17 December
2020]
Chapter VII
Special Nature of Criminal Liability of a Minor
[17 December 2020]
Section 64. Liability of a Minor
(1) The conditions of this Chapter shall apply to a person who
has not attained eighteen years of age until committing the
criminal offence.
(2) Other conditions of the General Part of this Law shall be
applicable to a minor, unless it has been laid down otherwise in
this Chapter.
(3) In conformity with the objective of the punishment
specified in Section 35, Paragraph two of this Law,
resocialisation of a minor shall be of primary importance in
relation to him or her.
[17 December 2020]
Section 65. Types of Punishments for
Minors
(1) One of the following basic punishments may be imposed on a
minor:
1) deprivation of liberty;
2) probationary supervision;
3) community service;
4) a fine.
(2) In addition to a basic punishment, the following
additional punishments may be imposed on a minor:
1) probationary supervision;
2) restriction of rights;
3) deportation from the Republic of Latvia.
(3) When drawing up a penal order, the prosecutor may impose
probationary supervision, community service, or fine, and also an
additional punishment - restriction of rights.
[17 December 2020]
Section 66. Application of
Compulsory Measures of a Correctional Nature to Minors
(1) A court may, taking into account the particular
circumstances of committing a criminal offence and information
received regarding the personality of the offender which mitigate
his or her liability, release a minor from the punishment
adjudged by applying compulsory measures of a correctional nature
prescribed by law.
(2) Serving of a punishment shall be completed if a minor who
has been released from it, has not fulfilled the obligations
imposed by a court during the period of the punishment
adjudged.
[31 October 2002]
Section 66.1 Application
of Deprivation of Liberty
(1) Deprivation of liberty is the placement of a minor in a
correctional institution and includes an aggregate of means of
social behaviour correction and social rehabilitation and
provisions of behaviour specified in the law governing the
execution of criminal punishments, which is appropriate for the
age, psychological characteristics, and level of development of
the minor.
(2) The period of deprivation of liberty may not exceed ten
years for especially serious crimes; five years for serious
crimes which are associated with violence or the threat of
violence, or have caused serious consequences; two years for
other serious crimes.
(3) Deprivation of liberty shall not be applied for criminal
violations and less serious crimes.
(4) If a person has committed a criminal offence prior to
attaining eighteen years of age regarding which the minimum limit
of the applicable punishment of deprivation of liberty has been
provided for in the sanction of the relevant Section of the
Special Part of this Law, the court may impose a punishment which
is lower than this minimum limit also in cases when it has
recognised that a criminal offence has been committed in
aggravating circumstances.
(5) Deprivation of liberty shall be always applied to a minor
jointly with the additional punishment - probationary
supervision, also in cases when such additional punishment is not
provided for in the sanction of the relevant Section of the
Special Part of this Law.
[17 December 2020]
Section 66.2 Application
of Probationary Supervision
(1) According to the harmfulness of the criminal offence, the
court may determine probationary supervision as a basic
punishment for a minor for a period of three years and up to six
years also for committing such serious offence for which
deprivation of liberty for a period exceeding five years is
provided for in this Law and for committing an especially serious
crime.
(2) On the basis of a submission of the sentence execution
institution, the court may take a decision that a minor upon whom
probationary supervision has been imposed by a court judgment or
the prosecutor's penal order shall be placed in a social
correction educational institution for a period of up to three
years, but not less than one year, taking into account the
unfavourable social environment where the minor is situated,
potential threat to the health or life of the minor, or due to
other reasons which hinder the execution of probationary
supervision.
(3) If a minor upon whom probationary supervision has been
imposed by a court judgment or the prosecutor's penal order or
for whom community service has been substituted with probationary
supervision in accordance with the procedures laid down in this
Law does not fulfil the obligations provided for in the law
governing the execution of criminal punishments or stipulated by
the sentence execution institution without a justified reason,
the court may, on the basis of a submission of the sentence
execution institution, substitute deprivation of liberty for the
unserved sentence, counting two probationary supervision days as
one day of deprivation of liberty.
[17 December 2020]
Section 66.3 Substitution
of Community Service
If a minor who has been convicted with community service or a
minor upon whom community service has been imposed by a
prosecutor's penal order does not fulfil community service
without a justified reason, the court may, on the basis of a
submission of the sentence execution institution, substitute
probationary supervision for the unserved sentence for one
year.
[17 December 2020]
Section 66.4 Application
of a Fine
(1) A fine is applicable only to those minors who have their
own income. A fine applied to a minor shall be not less than one
and up to fifty times the amount of the minimum monthly wage
prescribed in the Republic of Latvia.
(2) The fine not paid within the specified period for a minor
shall be replaced with community service by calculating one
minimum monthly wage as forty hours of community service,
however, not more than two hundred and eighty hours.
[17 December 2020; 7 April 2022]
Section 66.5 Other Issues
Related to the Determination of a Punishment
(1) For a person who has committed a criminal offence prior to
attaining eighteen years of age a punishment for several criminal
offences or according to several judgments shall be determined in
accordance with the provisions of Sections 50 and 51 of this Law,
taking into account that the total period of the deprivation of
liberty for several criminal offences may not exceed twelve years
and six months and according to several judgments - fifteen
years.
(2) Conditional release prior to completion of punishment may
be suggested if the person has served not less than half of the
period of deprivation of liberty adjudged.
(3) Conditional release prior to completion of punishment with
determination of electronic monitoring may be suggested if the
person has served not less than one third of the period of
deprivation of liberty adjudged.
(4) A person who, before attaining eighteen years of age, has
committed a criminal violation or a less serious crime shall,
after serving the punishment, be deemed to have not been
convicted.
[17 December 2020]
Section 67. Suspended Sentence for a
Minor
[21 May 2009]
Chapter VIII
Compulsory Measures of a Medical Nature
Section 68. Compulsory Measures of a
Medical Nature
(1) The following compulsory measures of a medical nature may
be determined for persons who have committed the offences set out
in this Law, but who suffer from a mental disorder and have been
found to be mentally incapable or have diminished mental
capacity:
1) outpatient medical treatment in a medical institution;
2) medical treatment of a general type in a psychiatric
hospital (ward);
3) medical treatment under guard in a specialised psychiatric
hospital (ward).
(2) If according to the nature of the committed offence and
his or her mental state the person referred to in Paragraph one
of this Section is not dangerous to the public, a court may place
the person with his or her relatives or other persons who shall
care for the ill person, in the charge.
(3) Medical treatment, in places of deprivation of liberty as
are appropriate thereto, may also be determined for the persons
referred to in Paragraph one of this Section who have been found
to have diminished mental capacity.
[15 May 2014]
Section 69. Determination of
Compulsory Measures of a Medical Nature for Persons in a State of
Mental Incapacity
(1) A court may determine the compulsory measures of a medical
nature provided for in this Law for persons who, being in a state
of mental incapacity, have committed the offences provided for in
this Law or, after committing the offence or after judgment has
been proclaimed, have become ill with a mental illness which has
removed their ability to understand their actions or to control
them, if these persons according to the nature of the committed
offence and their mental state are dangerous to the public.
(2) The compulsory medical treatment and type of medical
institution shall be determined by the court according to what
mental illness the person concerned has and what the nature of
his or her offence is. In regard to determination of treatment to
be provided in a psychiatric hospital (ward), the type thereof
shall be selected by the medical institution.
(3) A court may adjudge punishment for a person who, after
committing a criminal offence or proclamation of a court
judgment, has become ill with a mental illness which has removed
the ability of the person to understand his or her actions or to
control them, after he or she recovers his or her health, if the
period of limitation has not expired or there is no other basis
for releasing him or her from criminal liability and
punishment.
(4) A court shall terminate provision of a compulsory measure
of a medical nature or alter it to a less restrictive measure, if
the person concerned has recovered his or her health or his or
her state of health has improved, or it is established that the
state of health of such person has changed to such a degree that
he or she is not dangerous to the public.
(41) A court may alter a compulsory measure of a
medical nature to a more restrictive measure, if the person does
not fulfil the compulsory measure of a medical nature imposed on
him or her.
(5) If punishment is adjudged regarding such a person after
the person recovers his or her health, the period during which
compulsory measures of a medical nature were provided shall be
included in the term of the punishment.
[15 May 2014; 25 September 2014]
Section 69.1 Provision of
Compulsory Measures of a Medical Nature after Several Rulings
If a person on whom a compulsory measure of medical nature has
been imposed commits a new criminal offence after the provision
thereof for which a compulsory measure of medical nature is
imposed on him or her, a court shall add the previously provided
compulsory measure of medical nature to the compulsory measure of
medical nature provided in the new ruling, including the less
restricting compulsory measure of medical nature into the more
restricting measure.
[15 May 2014]
Section 70. Provision of Compulsory
Measures of a Medical Nature for Persons in a State of Diminished
Mental Capacity
Compulsory measures of a medical nature may also be provided
in regard to persons who have committed criminal offences while
being in a state of diminished mental capacity. If such persons
are convicted with deprivation of liberty, medical treatment
shall be provided in places of deprivation of liberty as are
appropriate thereto. If such persons are convicted without
deprivation of liberty, a court shall impose upon them the
obligation to have medical treatment in a psychiatric medical
institution according to their place of residence.
Chapter
VIII.1
Coercive Measures Applicable to Legal
Persons
[5 May 2005]
Section 70.1 Basis for
the Application of a Coercive Measure to a Legal Person
For the criminal offences provided for in the Special Part of
this Law, a court or in the cases provided for by the Law - a
prosecutor may apply a coercive measure to a legal person
governed by private law, including State or local government
capital company, as well as partnership, if a natural person has
committed the offence in the interests of the legal person, for
the benefit of the person or as a result of insufficient
supervision or control, acting individually or as a member of the
collegial authority of the relevant legal person:
1) on the basis of the right to represent the legal person or
act on the behalf thereof;
2) on the basis of the right to take a decision on behalf of
the legal person;
3) in implementing control within the scope of the legal
person.
[14 March 2013]
Section 70.2 Types of
Coercive Measures Applicable to a Legal Person
(1) For a legal person one of the following coercive measures
may be specified:
1) liquidation;
2) restriction of rights;
3) confiscation of property;
4) recovery of money.
(2) For a legal person one or several of the coercive measures
provided for in Paragraph one of this Section may be applied. In
applying liquidation, other coercive measures shall not be
specified.
(3) The procedures for executing coercive measures shall be
determined in accordance with the law.
(4) For a criminal violation, a less serious crime or a
serious crime for which deprivation of liberty for a period of up
to five years is provided for in the Special Part of this Law a
prosecutor, in drawing up a penal order regarding the coercive
measure, may determine the recovery of money or restriction of
rights as a coercive measure to a legal person.
[14 March 2013; 10 March 2016]
Section 70.3
Liquidation
(1) Liquidation is the compulsory termination of activities of
a legal person.
(2) A legal person shall be liquidated only in such cases, if
the legal person has been especially established for the
committing of a criminal offence or if a serious or especially
serious crime has been committed.
(3) In liquidating a legal person, all of the existing
property thereof shall be alienated without compensation to the
ownership of the State.
[14 March 2013]
Section 70.4 Restriction
of Rights
(1) Restriction of rights is the deprivation of specific
rights or permits or the determination of such prohibition which
prevents a legal person from exercising certain rights, receive
State support or assistance, participate in a State or local
government procurement procedure, to perform a specific type of
activity for a period of one year and up to ten years.
(2) [10 March 2016]
[14 March 2013; 10 March 2016]
Section 70.5 Confiscation
of Property
(1) Confiscation of property is the compulsory alienation of
the property owned by a legal person to the State ownership
without compensation.
(2) A court, when determining the confiscation of property,
shall specifically indicate which property is to be
confiscated.
(3) [14 March 2013]
(4) Property owned by a legal person which has been
transferred to another person, may also be confiscated.
[13 December 2012; 14 March 2013]
Section 70.6 Recovery of
money
(1) The recovery of money is a sum of money which is imposed
by a court or prosecutor to be paid for the benefit of the State
within 30 days in the amount laid down in this Section.
(11) A monetary levy proportionate to the
harmfulness of the criminal offence and the financial status of
the legal person shall be determined:
1) for a criminal violation - in the amount of five and up to
ten thousand minimum monthly wages prescribed in the Republic of
Latvia;
2) for a less serious crime - in the amount of ten and up to
fifty thousand minimum monthly wages prescribed in the Republic
of Latvia;
3) for a serious crime - in the amount of twenty and up to
seventy five thousand minimum monthly wages prescribed in the
Republic of Latvia;
4) for an especially serious crime - in the amount of thirty
and up to hundred thousand minimum monthly wages prescribed in
the Republic of Latvia.
(12) At the time of rendering the adjudication, the
amount of the money levy shall be indicated in the adjudication
in the monetary units of the Republic of Latvia.
(2) The recovery of money which has been imposed upon a legal
person, shall be paid from the funds of the legal person.
(3) A court or prosecutor accordingly may divide the payment
for the recovery of money into periods or postpone for a time
period not exceeding one year from the day when a ruling or
injunction on coercive measure has entered into effect.
(4) If recovery of money has not been paid, the coercive
measure shall be implemented by compulsory procedures.
[14 March 2013; 29 October 2015; 7 April 2022]
Section 70.7 Compensation
for Harm Caused
[14 March 2013]
Section 70.8 Conditions
for the Application of Coercive Measures to a Legal Person
(1) In determining the type of a coercive measure, the nature
of the criminal offence, the harm caused shall be taken into
account and whether a coercive measure has been previously
applied to a legal person.
(2) In determining the extent of a coercive measure the
following conditions shall be taken into account:
1) the actual action of a legal person;
2) the nature and consequences of the acts of a legal
person;
3) measures which a legal person has performed in order to
prevent the committing of a criminal offence;
4) the size, type of activities, and financial circumstances
of a legal person;
5) measures which a legal person has performed in order to
compensate for the losses caused or prevent the harm caused;
6) whether a legal person has reached a settlement with the
victim.
(3) If a legal person in accordance with Section
70.2, Paragraph two of this Law has been applied
several coercive measures, each of them shall be executed
independently.
(4) In a criminal case for several independent criminal
offences, a court in rendering a judgement or a prosecutor by
drawing up a penal order on a coercive measure shall impose a
coercive measure to a legal person separately for each criminal
offence. In such case the set of the applicable coercive measures
shall be determined according to the aggregation of the criminal
offences, in the following order:
1) including the lesser recovery of money in the more serious
or also completely or partially adding them together;
2) fully adding together restrictions of rights;
3) fully adding together confiscations of property.
(5) If a legal person after the judgement or the prosecutor's
penal order on a coercive measure has entered into effect, but
before full execution of the coercive measure is involved in new
criminal proceedings regarding application of a coercive measure,
the court shall add to the coercive measure determined in the new
judgement a coercive measure that has not been executed after the
previous judgement or the prosecutor's coercive measure, in the
following order:
1)fully or partially adding together the money to be
recovered;
2) fully adding together restrictions of rights;
3) fully adding together confiscations of property.
(6) If liquidation has been applied, then in the cases
referred to in Paragraphs four and five of this Section other
coercive measures are included in the liquidation.
(7) In the cases referred to in Paragraphs four and five of
this Section the total amount or term of the coercive measure may
exceed the maximum amount or term of the coercive measure
provided for the most serious of the criminal offences committed,
but not more than half of the maximum amount or term of the
coercive measure provided for the most serious of the criminal
offences committed.
[14 March 2013; 29 October 2015; 11 June 2020; 7 April
2022]
Section 70.9 Calculation
of the Limitation Period
(1) The limitation period of application of a coercive measure
shall be calculated from the day when a criminal offence was
committed until the moment when a legal person is notified
regarding commencing the proceedings regarding application of a
coercive measure, in conformity with the time periods laid down
in Section 56, Paragraph one, Clauses 2-6 and Section 57 of this
Law.
(2) A judgment or a prosecutor's order regarding application
of a coercive measure shall not be executed, if five years have
passed from the day when it entered into legal effect.
[15 May 2014]
Chapter
VIII.2
Special Confiscation of Property
[22 June 2017 / See Paragraph 21
of Transitional Provisions]
Section 70.10 Concept of
a Special Confiscation of Property
Special confiscation of property is the compulsory alienation
of a criminally acquired property or object of a criminal
offence, or the property connected to a criminal offence to the
State ownership without compensation. The special confiscation of
property is not a criminal punishment.
[22 June 2017]
Section 70.11
Confiscation of a Criminally Acquired Property
(1) Criminally acquired property is any economic benefit which
has come into the ownership or possession of a person as a direct
or indirect result of committing a criminal offence.
(11) Indirectly criminally acquired property is any
economic benefit which has come into the ownership or possession
of a person as a result of further use of directly criminally
acquired property, including as a result of reinvestment or
transformation, or resources which the person has acquired from
the sale of such property, and also the gained fruits and
profit.
(2) If the value of the property is not proportionate to the
legitimate income of the person and the person does not prove
that the property is acquired in a legitimate way, as a
criminally acquired property can also be recognised the property
that belongs to a person:
1) who has committed a crime which, in its nature, is focused
on the gaining of property or other kind of benefit regardless of
whether any property or other kind of benefit has been gained as
a result of the crime;
2) who is a member of an organised group;
3) who has committed a crime related to terrorism.
(3) A property which is at the disposal of such person who
maintains permanent family, economic or other kind of property
relationships with the person referred to in Paragraph two of
this Section can also be recognised as a criminally acquired
property, if the value of the property is not proportionate to
the legitimate income of the person and the person does not prove
that the property is acquired in a legitimate way.
(4) Criminally acquired property shall be confiscated if it
needs not be returned to the owner or legal possessor.
[22 June 2017; 11 June 2020; 7 April 2022]
Section 70.12
Confiscation of an Object of a Criminal Offence
(1) Object of a criminal offence is the instrumentalities or
means which were foreseen or used for the commission of a
criminal offence.
(2) The objects of a criminal offence shall be
confiscated.
[22 June 2017]
Section 70.13
Confiscation of the Property Connected with a Criminal
Offence
(1) Property connected with a criminal offence are objects
whose circulation is prohibited or whose origin or ownership in
the respective criminal case has not been established, or such
property of a perpetrator of a criminal offence which should not
be left in the ownership of the person due to the committed
criminal offence.
(2) The property connected with a criminal offence shall be
confiscated.
(3) Animals might be confiscated if they should not be left in
the ownership of the perpetrator of the criminal offence due to
the committed criminal offence.
(4) A vehicle in the ownership of a person who has committed a
criminal offence may be subject to confiscation if a criminal
offence against traffic safety has been committed.
(5) A vehicle which is in the ownership of a person who has
committed a criminal offence and which has been used by such
person for committing the criminal offence provided for in
Section 262 or 262.1 of this Law shall be subject to
confiscation.
[22 June 2017; 27 October 2022]
Section 70.14 Replacement
of the Confiscated Property
(1) If the object of criminal offence belongs to another
person, the value of the object of a criminal offence can be
recovered.
(11) If the criminal offence provided for in
Section 262 or 262.1 of this Law has been committed
with a vehicle in the ownership of another person, full or
partial value of the respective vehicle shall be recovered from
the person who committed the criminal offence.
(2) If a criminally acquired property has been alienated,
destroyed, concealed or disguised, and the confiscation of such
property is not possible, the value of the property being
confiscated can be recovered.
(3) If the confiscation of a criminally acquired property has
been imposed on a person, the property being confiscated can be
substituted with financial resources the value of which is equal
to the value of such property. The property which has a
historical, artistic or scientific value cannot be
substituted.
(4) If a criminally acquired property cannot be confiscated
because it is alienated, destroyed, concealed or disguised and
the perpetrator of the criminal offence does not have any other
property against which the recovery proceedings could be brought,
the following can be confiscated:
1) the property which the person has alienated after the
commencement of the criminal offence free of charge or for a
value which is significantly lower or higher than the market
value;
2) the property of the perpetrator of a criminal offence and
the joint property of a spouse thereof, unless separate ownership
of the property of the spouses has been specified at least one
year before the commencement of the criminal offence;
3) the property which belongs to another person with whom the
perpetrator of a criminal offence has a joint (single) household,
if this property has been acquired after the commencement of the
criminal offence.
[22 June 2017; 27 October 2022]
Special Part
Chapter IX
Crimes against Humanity and Peace, War Crimes and Genocide
Section 71. Genocide
For a person who commits genocide, that is, commits
intentional acts for the purpose of destruction in whole or in
part of any group of persons identifiable as such by nationality,
ethnic origin, race, or a defined religion, by killing members of
the group, inflicting upon them physical injuries hazardous to
life or health or causing them to become mentally ill,
intentionally causing conditions of life for such people as
result in their physical destruction in whole or in part,
utilising measures the purpose of which is to prevent the birth
of children in such group, or transferring children on a
compulsory basis from one group of persons into another,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of three and up to twenty years.
[21 May 2009]
Section 71.1 Invitation
to Genocide
For a person who commits public invitation to genocide,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[28 April 2005]
Section 71.2 Crimes
against Humanity
For a person who commits crime against humanity, that is, for
an activity which is performed as a part of vast or systematic
offensive to civilians and which has been expressed as homicide,
extermination, enslavement, deportation or forced movement,
unlawful deprivation or limitation of liberty, torture, rape,
involvement of a person into sexual slavery, compelling the
engaging in prostitution, forced fertilisation or sterilisation,
or sexual violence of similar degree of severity, apartheid,
persecution of any group of people or union on the basis of
political, racial, national, ethnical, cultural, religious or
gender affiliation or other reasons which have been recognised as
inadmissible in the international law, in relation to any
activity indicated in this Section or genocide, or war crime or
other activity provided for in the international law binding upon
the Republic of Latvia, which causes serious physical or mental
suffering,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of three and up to twenty years.
[21 May 2009]
Section 72. Crimes against Peace
For a person who commits crimes against peace, that is,
commits planning, preparation, triggering of, participation in
aggression, commits conducting of a war of aggression in
violation of international agreements binding upon the Republic
of Latvia, commits participation in a conspiracy for the purpose
of committing crimes referred to in this Section,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of three and up to twenty years.
[16 October 2014]
Section 73. Manufacture, Storage,
Movement, Use and Distribution of Weapons of Mass Destruction
For a person who commits manufacture, storage, movement, use
or distribution of nuclear, chemical, biological,
bacteriological, toxic or other weapons of mass destruction,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of three and up to twenty years.
[19 November 2009]
Section 73.1 Financing of
Manufacture, Storage, Movement, Use and Distribution of Weapons
of Mass Destruction
(1) For a person who commits financing of manufacture,
storage, movement, use and distribution of weapons of mass
destruction, that is, direct or indirect collection of financial
means or other property acquired in any way, or transferring
thereof for the purpose of using them, or knowing that they will
fully or partially be used for financing of manufacture, storage,
movement, use and distribution of weapons of mass
destruction,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of eight and up to twenty years, with or
without confiscation of property.
(2) For a person who commits financing of manufacture,
storage, movement, use and distribution of weapons of mass
destruction if it has been done on a large scale,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of fifteen and up to twenty years, with
or without confiscation of property.
[10 March 2016; 26 April 2018]
Section 74. War Crimes
For a person who commits war crimes, that is, commits
violation of provisions regarding conduct of war prohibited in
international law binding upon the Republic of Latvia or of
international humanitarian law, including murder, torture of a
person protected by humanitarian law or inhuman treatment of such
person, taking of hostages, illegal deportation, movement,
limitation of liberty, unjustifiable destruction of cities and
other entities, or other prohibited activity,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of three and up to twenty years.
[21 May 2009]
Section 74.1 Acquittal of
Genocide, Crime against Humanity, Crime against Peace and War
Crime
For a person who commits public glorification of genocide,
crime against humanity, crime against peace or war crime or who
commits public glorification, denial, acquittal or gross
trivialisation of committed genocide, crime against humanity,
crime against peace or war crime, including genocide, crime
against humanity, crime against peace or war crime against the
Republic of Latvia and its inhabitants committed by the U.S.S.R.
or Nazi Germany,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the same acts, if they have been
committed by a group of persons or a public official, or a
responsible employee of an undertaking (company) or organisation,
or if they have been committed using an automated data processing
system,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with or without probationary
supervision of up to three years.
[21 May 2009; 13 December 2012; 15 May 2014; 17 December
2020; 14 December 2023]
Section 75. Force against Residents
in the Area of Hostilities
For a person who commits illegal violence against residents in
an area of hostilities, as well as commits illegal forcible
confiscation or destruction of their property,
the applicable punishment is the deprivation of liberty for a
period of three years and up to fifteen years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[14 December 2023]
Section 76. Pillaging
For a person who commits appropriation of the property of
persons killed or wounded on a battlefield (pillaging),
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
[14 December 2023]
Section 77. Invitation to War of
Aggression
For a person who commits public invitation to a war of
aggression or to triggering of an armed conflict,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
Section 77.1 Unlawful
Participation in an Armed Conflict
For a person who commits unlawful participation in an armed
conflict, that is, active participation in an armed conflict
taking place outside the territory of the Republic of Latvia
which is directed against territorial integrity or political
independence of a state or is otherwise in contradiction with
international law binding upon the Republic of Latvia, violating
laws and regulations or the international agreements binding upon
the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with probationary supervision for a
period of up to three years.
[12 February 2015]
Section 77.2 Financing of
an Armed Conflict
For a person who commits direct or indirect collection or
transfer of financial resources acquired in any way or other
property to a party that is involved in an armed conflict taking
place outside the territory of the Republic of Latvia and whose
action is directed against territorial integrity or political
independence of a state or is otherwise in contradiction with
international law binding upon the Republic of Latvia, as well as
for recruitment, training or sending of a person for him or her
to unlawfully participate in an armed conflict taking place
outside the territory of the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with probationary supervision for a
period of up to three years.
[12 February 2015]
Section 77.3 Recruitment,
Training and Sending for an Armed Conflict
For a person who commits recruitment, training or sending of a
person for him or her to unlawfully participate in an armed
conflict taking place outside the territory of the Republic of
Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with probationary supervision for a
period of up to three years.
[12 February 2015]
Section 77.4 Assistance
to a Foreign State in Action Directed against Another State
For a person who commits activities with the purpose to assist
a person, foreign state or foreign organisation to destruct or
threaten the territorial integrity of another democratic state or
political independence or to act against it in any other way in
contradiction with international law binding upon the Republic of
Latvia, violating laws and regulations or the international
agreements binding upon the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with probationary supervision for a
period of up to three years.
[14 December 2023]
Section 78. Triggering of National,
Ethnic and Racial Hatred
(1) For a person who commits acts directed towards triggering
national, ethnic, racial or religious hatred or enmity,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the same acts, if they have been
committed by a group of persons or a public official, or a
responsible employee of an undertaking (company) or organisation,
or if they have been committed using an automated data processing
system,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For committing the act provided for in Paragraph one of
this Section, if it is related to violence or threats or if it is
committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without probationary
supervision for a period of up to three years.
[25 September 2014; 17 December 2020]
Section 79. Destruction of Cultural
and National Heritage
For a person who commits intentional destruction of such
values which constitute part of the cultural or national
heritage,
the applicable punishment is the deprivation of liberty for a
period of up to twelve years.
[13 December 2012]
Chapter
IX.1
Crimes Related to Terrorism
[26 April 2018]
Section 79.1
Terrorism
(1) For the use of explosives, use of fire, use of nuclear
chemical, chemical, biological, bacteriological, toxic or other
weapons of mass destruction, mass poisoning, spreading of
epidemics or epizootic diseases, kidnapping of persons, taking of
hostages, hijacking of air, land or sea means of transport or
other activities if they have been committed for the purpose of
intimidating inhabitants or for the purpose of inciting the
State, its institutions or international organisations to take
any action or refrain therefrom, or for the purpose of harming
the interests of the State or its inhabitants or international
organisations (terrorism),
the applicable punishment is life imprisonment or deprivation
of liberty for a period of eight and up to twenty years, with or
without confiscation of property and with probationary
supervision for a period of up to three years.
(2) For a person who commits destruction or damage to physical
objects, automated data processing systems, electronic networks,
as well as other objects located in the territory or the
continental shelf of the State, if such activities are committed
for the purpose provided for in Paragraph one of this
Section,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of ten and up to twenty years, with or
without confiscation of property and with probationary
supervision for a period up to three years.
[26 April 2018]
Section 79.2 Financing of
Terrorism
(1) For terrorism financing,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of eight and up to twenty years, with or
without confiscation of property and with or without probationary
supervision for a period of up to three years.
(2) For terrorism financing if it has been committed on a
large scale,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of ten and up to twenty years, with or
without confiscation of property and with or without probationary
supervision for a period of up to three years.
[26 April 2018]
Section 79.3 Terrorist
Group
(1) For the organisation of a terrorist group, that is, a
group of persons according to a prior agreement, for the purpose
of committing one or several crimes related to terrorism, and
also for involvement in such a group,
the applicable punishment is the deprivation of liberty for a
period of eight and up to seventeen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
(2) For leading a terrorist group or participation in crimes
provided for in Paragraph one of this Section that such a group
has committed,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of ten and up to twenty years, with or
without confiscation of property and with probationary
supervision for a period of up to three years.
[26 April 2018]
Section 79.4 Recruiting,
Training of a Person for Terrorism, or Self-training for
Terrorism
(1) For the acquisition or receipt of instructions, knowledge
or practical skills for the purpose of pursuing or promoting
terrorism (self-training for terrorism),
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with probationary supervision for a
period of up to three years.
(2) For recruiting a person for terrorism or for involvement
in a terrorist group, or training for terrorism,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with probationary supervision for a
period of up to three years.
[26 April 2018]
Section 79.5 Travelling
for Terrorism Purposes
For travelling in the purpose of pursuing or promoting
terrorism, becoming involved in a terrorist group or training for
terrorism, or self-training for terrorism,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with probationary supervision for a
period of up to three years.
[26 April 2018]
Section 79.6
Justification of Terrorism, Invitation to Terrorism and Terrorism
Threats
(1) For the public glorification or justification of
terrorism, or public invitation to terrorism, or distribution of
material containing glorification or justification of terrorism,
or invitation to terrorism,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For threats to pursue terrorism, if there are grounds to
believe that it may be committed,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with probationary supervision for a
period of up to three years.
[26 April 2018; 17 December 2020]
Chapter X
Crimes against the State
Section 80. Action Directed against
the Republic of Latvia
(1) For an action that is directed against national
independence, sovereignty, territorial integrity, State authority
or administrative order of the Republic of Latvia in a manner
that is not provided for in the Constitution,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(2) For a person who commits the same acts, if they have been
committed by using violence or if they have been committed by an
organised group, or if they have been committed by a public
official or a responsible employee of an undertaking (company) or
organisation,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[21 April 2016; 14 December 2023]
Section 80.1 Merger in an
Organised Group with the Purpose to Take Action against the
Republic of Latvia
(1) For a merger of more than two persons in an organised
group with the purpose to take action against national
independence, sovereignty, territorial integrity, State authority
or administrative order of the Republic of Latvia in a manner
that is not provided for in the Constitution,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(2) For a person who commits the same acts, if they have been
committed by a public official or a responsible employee of an
undertaking (company) or organisation,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[21 April 2016; 17 December 2020; 14 December 2023]
Section 81. Invitation Directed
against the Republic of Latvia
(1) For a person who makes a public invitation to take action
against national independence, sovereignty, territorial
integrity, State authority or administrative order of the
Republic of Latvia in a manner that is not provided for in the
Constitution or for distribution of materials containing such
invitation,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision.
(2) For a person who commits the same acts, if they have been
committed by a group of persons or a public official, or a
responsible employee of an undertaking (company) or
organisation,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with probationary supervision for a
period of up to three years.
[21 April 2016; 17 December 2020; 14 December 2023]
Section 81.1 Assistance
to a Foreign State in Action Directed against the Republic of
Latvia
(1) For a person who commits activities with the purpose to
assist a foreigner, foreign state or foreign organisation to take
action against national independence, sovereignty, territorial
integrity, State authority, administrative order or national
security of the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, with or without confiscation of
property.
(2) For a person who commits the same acts, if they have been
committed by a group of persons or a public official, or a
responsible employee of an undertaking (company) or
organisation,
the applicable punishment is the deprivation of liberty for a
period of three and up to twenty years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[21 April 2016; 17 December 2020; 14 December 2023]
Section 82. Invitation to Destroy
Independence of the Republic of Latvia as a State
[21 April 2016]
Section 83. Invitation to
Destruction of the Territorial Integrity of the Republic of
Latvia
[21 April 2016]
Section 84. Violation of Sanctions
Imposed by International Organisations and the Republic of
Latvia
(1) For the violation of sanctions imposed by the United
Nations, European Union, and other international organisations or
sanctions imposed by the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the criminal offence provided for in Paragraph two of
this Section, if it has been committed by a group of persons
according to a prior agreement or if it has been committed by a
public official or a responsible employee of an undertaking
(company) or organisation,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[1 June 2000; 13 December 2012; 29 October 2015; 28 January
2016; 6 June 2019; 17 December 2020; 14 December 2023]
Section 85. Espionage
(1) For a person who commits illegal collecting of
non-disclosable information for the purposes of transferring it
or commits transferring thereof to a foreign state or foreign
organisation, either directly or through mediation of another
person, or who commits illegal collecting of other information or
transferring thereof to a foreign intelligence service on its
behalf, directly or with the intermediation of another
person,
the applicable punishment is the deprivation of liberty for a
period of one and up to ten years, with or without confiscation
of property and with probationary supervision for a period of up
to three years.
(2) For a person who commits illegal collecting of an official
secret or transferring thereof to a foreign state or foreign
organisation, either directly or with the intermediation of
another person,
the applicable punishment is the deprivation of liberty for a
period of three and up to twenty years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[21 April 2016; 14 December 2023]
Section 85.1 Organisation
and Conduct of Espionage
For a person who commits the organisation or conduct of
espionage,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of eight and up to twenty years, with or
without confiscation of property and with probationary
supervision for a period of up to three years.
[14 December 2023]
Section 86. Endangerment of the Life
and Health of the President of the Republic of Latvia, Member of
the Saeima, Member of the Cabinet and other Public
Official
For a person who commits an attack on the President of the
Republic of Latvia, member of the Saeima, member of the
Cabinet, or another public official elected, nominated or
appointed by the Saeima of the Republic of Latvia, in
relation to their governmental activities in the interests of the
Republic of Latvia, if endangerment of the life or health of such
person is related to the attack,
the applicable punishment is the deprivation of liberty for a
period of three and up to fifteen years, with or without
probationary supervision for a period of up to three years.
[13 December 2012; 14 December 2023]
Section 87. Endangerment of the Life
and Health of Representatives of Foreign States
(1) For a person who commits assault on the leader of a
foreign state or of its government, or on another representative
of a foreign State, who has officially arrived in the Republic of
Latvia on official business, if the assault is related to the
endangerment of the life or health of this person,
the applicable punishment is the deprivation of liberty for a
period of three and up to fifteen years, with or without
probationary supervision for a period of up to three years.
(2) For the commission of the same acts, if such have caused
serious consequences for the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of five and up to twenty years, with or without
probationary supervision for a period of up to three years.
[13 December 2012; 14 December 2023]
Section 88. Terrorism
[26 April 2018 / See Paragraph 22 of the Transitional
Provisions]
Section 88.1 Financing of
Terrorism
[26 April 2018 / See Paragraph 22 of the Transitional
Provisions]
Section 88.2 Invitation
to Terrorism and Terrorism Threats
[26 April 2018 / See Paragraph 22 of the Transitional
Provisions]
Section 88.3 Recruitment
and Training of Persons for the Commitment of Acts of Terror
[26 April 2018 / See Paragraph 22 of the Transitional
Provisions]
Section 89. Sabotage
For a person who commits any act or failure to act as is
directed towards destruction of the financial system, industrial,
transport, agricultural, trade or other economic sectors, or
destruction of the operations of any institutions or
organisations, with the purpose of harming the Republic of
Latvia,
the applicable punishment is the deprivation of liberty for a
period of five and up to twelve years, with or without
confiscation of property.
[11 December 2003; 13 December 2012]
Section 89.1 Criminal
Organisation
(1) For a person who commits establishment of such a criminal
organisation (association) which consists of at least five
persons, for the purpose of committing especially serious crimes
against humanity or peace, war crimes, of committing genocide or
of committing especially serious crimes against the State, as
well as for involvement in such an organisation or in an
organised group included within such organisation or other
criminal formation,
the applicable punishment is the deprivation of liberty for a
period of eight and up to seventeen years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
(2) For a person who commits leading of a criminal
organisation or participates in committing of the crimes provided
for in Paragraph one of this Section by such an organisation,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of ten and up to twenty years, with or
without confiscation of property and with probationary
supervision for a period of up to three years.
[25 April 2002; 13 December 2012 / See Paragraph 16 of the
Transitional Provisions]
Section 90. Hindrance of Exercising
the Right to Vote, the Right to Participate in Initiation of
Legislation, Initiation of National Referendums and Supporting of
the European Citizens' Initiative
(1) For a person who knowingly commits hindrance of exercising
the right to freely participate in a collection of signatures
organised in accordance with the laws of the Republic of Latvia
for the initiation of legislation or national referendum or for
supporting of the European Citizens' Initiative, by the use of
violence, fraud, threats, payoffs, or other unlawful means,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who knowingly commits hindrance of exercising
the right to freely elect members of the parliament and to be
elected or to freely participate in a national referendum
organised in accordance with the laws of the Republic of Latvia,
by the use of violence, fraud, threats, payoffs, or other
unlawful means,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision.
[13 December 2012; 17 December 2020; 14 December
2023]
Section 91. Dissemination of
Knowingly False Information Concerning Candidates to the
Saeima
[12 June 2003]
Section 92. Falsification of
Signature Collection, Election and National Referendum Documents,
Miscount of Votes and Violation of the Right of Secret Ballot
For a person who commits falsification of signature collection
for the initiation of election or national referendum or for
supporting of the European Citizens' Initiative, or falsification
of election or national referendum documents, or knowingly
miscounting votes, as well as knowingly commits violation of the
right of secret ballot, where committed by a public official or a
member of the Election Committee,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
[13 December 2012; 17 December 2020]
Section 93. Desecration of State
Symbols
For a person who commits pulling down, tearing, breaking or
destroying the Latvian Coat of Arms or the national flag of
Latvia, or other desecration of these State symbols, or public
desecration of the national anthem of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 94. Intentional Disclosure
of a Confidential, Secret, and Top Secret Official Secret
For a person who intentionally discloses a confidential,
secret, or top secret official secret, if it has been committed
by a person who had been warned regarding non-disclosure of a
confidential, secret, and top secret official secret, however,
the offence does not contain characteristics of espionage,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to five
years.
[21 October 2010; 13 December 2012; 17 December 2020; 20
April 2023]
Section 95. Disclosure of a
Confidential, Secret, and Top Secret Official Secret Through
Negligence
For a person who commits disclosure of a confidential, secret,
or top secret official secret through negligence, if it has been
committed by a person who had been warned regarding
non-disclosure of a confidential, secret, and top secret official
secret, or for losing of a confidential, secret, and top secret
official secret object where is has been committed by a person to
whom such official secret object had been entrusted, and if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[21 October 2010; 13 December 2012; 17 December 2020; 20
April 2023]
Section 95.1 Service in a
Foreign Country
For a person who commits violation of prohibition of
requirements of laws and regulations to serve in the armed
forces, internal security forces, military organisation,
intelligence service or security service, police (militia), or
services of institution of justice of foreign states or other
subjects of the international law or established in their
territories,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[15 December 2016; 17 December 2020]
Section 95.2 Violation of
Prohibition to Organise and Carry Out Trainings on the
Performance of Military Tactical Tasks and to Participate
Therein
For a person who commits the violation of prohibition laid
down in laws and regulations to organise or carry out trainings
on the performance of military tactical tasks and also for a
person who commits the violation of prohibition to participate in
such training,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or fine.
[14 December 2023]
Chapter XI
Criminal Offences against the Environment
Section 96. Violation of Provisions
Regarding the Management and Utilisation of the Earth, or its
Depths, Waters and Forests
For a person who commits the violation of provisions regarding
the management and utilisation of the earth or its depths, waters
or forests if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 October 2010; 13 December 2012; 17 December 2020; 7
April 2022]
Section 97. Violation of Provisions
Regarding the Use of the Natural Resources of the Sea
(1) [21 October 2010]
(2) For a person who commits the violation of the provisions
regarding researching or use of natural resources in the
territorial sea, continental shelf or exclusive economic zone of
the Republic of Latvia if substantial harm has been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 21 October 2010; 13 December 2012; 17
December 2020; 7 April 2022]
Section 98. Violation of Provisions
Regarding the Circulation of Radioactive and Chemical
Substances
(1) [21 October 2010]
(2) For a person who commits the violation of the provisions
regarding the production, acquisition, movement, storage,
processing or use of radioactive substances or other sources of
ionising radiation, dangerous biological, bacteriological, toxic,
chemical substances or mixtures, or other dangerous substances or
materials, preparations or viruses if substantial harm has been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the violation of the provisions indicated in Paragraph
two of this Section, if it has caused serious consequences, or
for the criminal offence provided for in Paragraph two of this
Section, if it has been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without probationary
supervision for a period of up to three years.
(4) For violation of the provisions indicated in Paragraph two
of this Section, if it has resulted in death of two or several
human beings,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without probationary
supervision for a period of up to three years.
[12 February 2004; 12 October 2006; 13 December 2007; 21
October 2010; 8 July 2011; 13 December 2012; 25 September 2014; 8
June 2017; 17 December 2020; 7 April 2022]
Section 98.1 Unlawful
Activities Involving Ozone Depleting Substances
(1) For a person who commits a violation of the provisions for
the production, purchase, disposal, movement, storage, treatment
or use of ozone depleting substances,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[25 September 2014; 17 December 2020]
Section 99. Violation of Provisions
Regarding Waste Management
(1) [21 October 2010]
(2) For a person who commits the violation of the provisions
regarding the waste management if substantial harm has been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the importation of waste into the
territory of Latvia or the transit traffic thereof through the
territory of Latvia in violation of provisions if substantial
harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(4) For the criminal offence provided for in Paragraphs two or
three of this Section, if it has been committed by an organised
group,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with probationary supervision for a
period of up to three years.
[12 February 2004; 13 December 2007; 21 October 2010; 8
July 2011; 13 December 2012; 25 September 2014; 8 June 2017; 17
December 2020; 7 April 2022]
Section 100. Unauthorised Burial of
Dangerous Substances in Waters and Depths of the Earth
(1) For a person who commits unauthorised burial of
radioactive substances, including nuclear materials, dangerous
chemical substances or products, materials or waste, in waters or
depths of the earth,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits burial of nuclear, chemical,
biological, bacteriological, toxic or other weapons of mass
destruction in waters or depths of the earth,
the applicable punishment is the deprivation of liberty for a
period of three and up to twenty years.
[18 May 2000; 12 February 2004; 13 December 2012; 17
December 2020]
Section 101. Pollution of the
Sea
(1) [21 October 2010]
(2) For a person who commits polluting the sea with dangerous
or other harmful substances, materials or waste if substantial
harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits polluting of the sea with
dangerous or other harmful polluting, materials or waste, if
serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[12 February 2004; 13 December 2007; 21 October 2010; 13
December 2012; 29 October 2015; 17 December 2020; 7 April
2022]
Section 102. Pollution and Littering
of the Earth, Forests and Waters
(1) [21 October 2010]
(2) For a person who commits the pollution with dangerous or
other harmful substances, materials or waste, littering or
otherwise harmfully affecting the earth, forests, or internal
waters (surface water or groundwater) in any way if substantial
harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits polluting with dangerous or other
polluting substances, materials or waste, littering or otherwise
harmfully affecting the earth, forests, or internal waters
(surface water or groundwater) in any way, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[12 February 2004; 13 December 2007; 21 October 2010; 13
December 2012; 17 December 2020; 7 April 2022]
Section 103. Pollution of the Air of
the Atmosphere
(1) [21 October 2010]
(2) For a person who commits polluting, littering, physically
or otherwise harmfully affecting the air of the atmosphere in any
way by exceeding the prescribed standards or in violation of
provisions if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 21 October 2010; 13 December 2012; 29
October 2015; 17 December 2020; 7 April 2022]
Section 104. Operation of Facilities
without Treatment Structures
For operation of industrial, agricultural, municipal or other
facilities if such are not equipped with structures and systems
necessary for treatment and for collection of hazardous
substances and dust, or if they are in a condition not suitable
for operation, and if substantial harm has been caused
thereby,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[21 October 2010; 13 December 2012; 17 December 2020; 7
April 2022]
Section 104.1 Unlawful
Operation of Facilities
For unlawful operation of a facility laid down in the law or
regulation governing pollution in which activities posing danger
to the environment are carried out or hazardous substances or
preparations are used if substantial harm has been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[25 September 2014; 17 December 2020; 7 April 2022]
Section 105. Failure to Take
Measures for the Elimination of Environmental Pollution
For a person who commits failing to take or improper taking of
necessary measures included in the duties of persons regarding
rectification of pollution and prevention of other harmful
effects on the environment, or failing to give notice if harmful
effects have resulted,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 February 2004; 21 October 2010; 13 December 2012; 17
December 2020]
Section 106. Concealment of Data
regarding Environmental Pollution
(1) For a person who fails to notify concerning pollution of
sea waters or other harmful effects arising from vehicles or
structures, if committed by a person having a duty to give
notification,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits intentional concealment or
distortion of data regarding the level of environmental pollution
if it is committed by a person whose duties include providing
such data, and if as a result of it substantial harm has been
caused,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 October 2010; 13 December 2012; 17 December 2020; 7
April 2022]
Section 107. Forest Arson
(1) For a person who commits intentional forest arson,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the commission of the same acts, if death of a human
being or other serious consequences have been caused due to the
negligence of the offender,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without probationary
supervision for a period of up to three years.
[13 December 2012; 17 December 2020]
Section 108. Destruction and
Damaging of a Forest through Negligence
(1) For a person who commits destruction or damaging of a
section of forest through negligence, by careless handling of
fire or in some other way, if substantial harm has been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if loss of human life
or other serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 21 October 2010; 13 December 2012; 17
December 2020]
Section 109. Arbitrary Cutting and
Damaging Trees
(1) For a person who commits arbitrary cutting trees in a
forest of another person or other parcel of land of another
person,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits arbitrary cutting, destroying or
damaging trees in a specially protected nature territory,
micro-reserve, park, public square, alley or environmental and
natural resources protection zone,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits arbitrary cutting, destroying or
damaging trees, if substantial harm is caused by such
actions,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(4) For the criminal offence provided for in Paragraph one,
two or three of this Section, if it has been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[13 December 2007; 21 October 2010; 13 December 2012; 29
October 2015; 8 June 2017; 17 December 2020]
Section 110. Arbitrary Fishing and
Acquisition of Aquatic Animals
(1) [21 October 2010]
(2) For a person who commits catching or other acquisition of
fish or aquatic animals without appropriate authorisation, during
conservation period, or in restricted areas, or with prohibited
gear or methods (arbitrary acquisition) if substantial harm has
been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(21) For the criminal offence provided for in
Paragraph two of this Section, if it has been committed by a
group of persons according to a prior agreement or in a specially
protected nature territory,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits arbitrary acquisition of fish or
aquatic animals by using electrical currents, explosive
substances, poisonous substances or other generally dangerous
means or methods,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[25 April 2002; 21 October 2010; 13 December 2012; 25
September 2014; 17 December 2020]
Section 111. Illegal Manufacture,
Acquisition, Storage, Sale, Transportation and Forwarding of
Electro-Fishing Equipment
For a person who commits illegal manufacture, acquisition,
storage, disposal, transportation, or forwarding of
electro-fishing equipment,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 21 October 2010; 13 December 2012; 17
December 2020]
Section 112. Illegal Hunting
(1) [21 October 2010]
(2) For a person who commits illegal hunting, if it has been
committed by a group of persons according to a prior agreement or
in a specially protected nature territory, or if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For a person who commits utilisation of prohibited
generally dangerous means, methods, tools or techniques for
hunting,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[18 December 2003; 12 February 2004; 21 October 2010; 13
December 2012; 17 December 2020]
Section 113. Blasting and Other Acts
Committed in Violation of Provisions for Protection of
Animals
For a person who commits blasting, land amelioration,
preparation of timber or other actions in violation of provisions
regarding protection of animals, if substantial harm is caused to
fish resources, birds or other wild animals by such actions,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 February 2004; 21 October 2010; 13 December 2012; 17
December 2020]
Section 114. Destruction and
Damaging of Special Areas of Protection
For a person who commits destruction or damaging of specially
protected nature territories, if substantial harm has been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 October 2010; 13 December 2012; 17 December
2020]
Section 115. Destruction and
Damaging of Specially Protected Animals and Plants
For a person who commits catching, holding or destruction of
specially protected animals, acquisition, keeping, damaging or
destruction of specially protected plants, mushrooms or lichens,
or destruction or damaging of habitats of specially protected
species or specially protected biotopes, if substantial harm has
been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 October 2010; 13 December 2012; 25 September 2014; 17
December 2020]
Section 115.1 Violation
of the Trading Provisions of Specimens of Endangered Wild Animal
and Plant Species
For a person who commits violation of the trading provisions
of specimens of endangered wild animal or plant species or parts
or products thereof, if substantial harm has been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[21 October 2010; 13 December 2012; 17 December
2020]
Chapter XII
Homicide
Section 116. Murder
For a person who commits intentional unlawful homicide
(murder) of another person,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of five years and up to twenty years and
with probationary supervision for a period of up to three
years.
[8 July 2011; 13 December 2012; 15 May 2014 / See Paragraph
11 of the Transitional Provisions]
Section 117. Murder Committed in
Aggravating Circumstances
For a person who commits murder, if:
1) a woman is murdered, the offender knowing her to be
pregnant;
2) a person is murdered, the offender knowing that the person
is in a state of helplessness;
3) it is committed in a way dangerous to the life of several
persons;
4) it is committed with particular cruelty;
5) the corpse is defiled thereafter;
6) it is related to robbery;
7) it is related to rape;
8) it is committed with intent to conceal another criminal
offence or to facilitate its commission;
9) it is committed for the purpose of acquiring property;
10) it is committed by a group of persons;
11) it is committed by a person who has been confined to a
place to be held in temporary detention or in prison;
12) a minor is murdered,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of ten years and up to twenty years and
probationary supervision for a period of up to three years, with
or without confiscation of property.
[18 May 2000; 8 July 2011; 13 December 2012 / See Paragraph
11 of the Transitional Provisions]
Section 118. Murder Committed in
Especially Aggravating Circumstances
For a person who commits murder:
1) related to the victim or his or her relative having
performed his or her official or professional duty or having
participated in the prevention or interruption of a criminal or
other unlawful offence, or having provided testimony in court or
at a pre-trial criminal proceedings;
2) if two or several persons have been murdered;
3) [13 December 2012];
4) if it is committed by a person serving a term of life
imprisonment;
5) if it has been committed by an organised group,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of fifteen years and up to twenty years
and probationary supervision for a period of up to three years,
with or without confiscation of property.
[13 December 2007; 8 July 2011; 1 December 2011; 13
December 2012 / See Paragraph 11 of the Transitional
Provisions]
Section 119. Murder of a Newborn
Child
For a person who, being a mother, commits murder of her own
child during child-birth or directly after child-birth while
under the influence of the mental or physiological condition
resulting therefrom,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service.
[13 December 2012; 17 December 2020]
Section 120. Murder Committed in a
State of Extreme Mental Agitation
For a person who commits murder in a sudden state of extreme
mental agitation resulting from violence or serious insult to
dignity on the part of the victim,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service.
[13 December 2012; 17 December 2020]
Section 121. Murder Committed
Exceeding the Limits of Necessary Self-defence
For a person who commits murder in the course of exceeding the
limits of necessary self-defence,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service.
[13 December 2012; 17 December 2020]
Section 122. Murder Committed
Violating Provisions Regarding Detention of a Person
(1) For a person who commits murder in the course of violating
provisions regarding detention of a person,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service.
(2) For the commission of the same acts, if they have been
committed by a public official,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service.
[13 December 2012; 17 December 2020]
Section 123. Homicide through
Negligence
(1) For a person who commits unlawful homicide through
negligence,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service.
(2) For a person who commits unlawful homicide through
negligence, if two or several persons have been killed, or the
homicide has been committed in the course of acting with firearms
or explosive substances, or in another generally dangerous
way,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service.
[13 December 2012; 17 December 2020]
Section 124. Leading to Suicide
(1) For a person who commits leading a person to commit
suicide or attempt suicide by cruel treatment of the victim or
systematic demeaning of his or her personal dignity, if such
person has not been in financial or other dependence upon the
offender,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service.
(2) For the commission of the same acts with regard to a
person who has been in financial or other dependence upon the
offender,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service.
[13 December 2012; 17 December 2020]
Chapter XIII
Criminal Offences against Health of a Person
Section 125. Intentional Serious
Bodily Injury
(1) For intentional infliction of serious bodily injury,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without probationary
supervision for a period of up to three years.
(2) For the commission of the same acts, if:
1) their commission is related to the victim or his or her
relative having performed his or her official or professional
duty or having participated in the prevention or interruption of
a criminal or other unlawful offence, or having provided
testimony in court or at a pre-trial criminal proceedings;
2) they have been committed against two or several
persons;
3) they have been committed in a way dangerous to the life or
health of several persons;
4) they have been in the nature of torment or torture;
5) they have been committed by a group of persons;
6) [13 December 2012];
7) they have been committed by a person who has been confined
to a place to be held in short-term detention or in prison;
8) they have been committed against a person in the state of
helplessness;
9) they have been committed against a person to whom the
perpetrator of a criminal offence is related in the first or
second degree of kinship, or against the spouse or former spouse,
or against a person with whom the perpetrator of a criminal
offence is or has been in continuous intimate relationships, or
against a person with whom the perpetrator of a criminal offence
has a joint (single) household,
the applicable punishment is the deprivation of liberty for a
period of two and up to ten years, with or without probationary
supervision for a period of up to three years.
(3) For a person who commits intentional infliction of serious
bodily injury which, as a result of the negligence of the
offender, has been the cause of the death of the victim, or who
commits intentional infliction of serious bodily injury if it is
committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of three years and up to fifteen years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
(4) [13 December 2012]
[13 December 2007; 30 October 2008; 21 May 2009; 8 July
2011; 13 December 2012; 8 June 2017; 26 April 2018]
Section 126. Intentional Moderate
Bodily Injury
(1) For intentional infliction of moderate bodily injury,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if:
1) their commission is related to the victim or his or her
relative having performed his or her official or professional
duty or having participated in the prevention or interruption of
a criminal or other unlawful offence, or having provided
testimony in court or at a pre-trial criminal proceedings;
2) they have been in the nature of torment or torture;
3) they have been committed by a group of persons;
4) [13 December 2012];
5) they have been committed by a person who has been confined
to a place to be held in short-term detention or in prison;
6) they have been committed against a person in the state of
helplessness;
7) they have been committed against a person to whom the
perpetrator of a criminal offence is related in the first or
second degree of kinship, or against the spouse or former spouse,
or against a person with whom the perpetrator of a criminal
offence is or has been in continuous intimate relationships, or
against a person with whom the perpetrator of a criminal offence
has a joint (single) household,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[30 October 2008; 21 May 2009; 13 December 2012; 8 June
2017; 26 April 2018; 17 December 2020]
Section 127. Intentional Bodily
Injury Inflicted in a State of Extreme Mental Agitation
For a person who commits intentional infliction of serious or
moderate bodily injury while in a sudden state of extreme mental
agitation which has been caused by violence or grievous insult to
dignity on the part of the victim,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 128. Intentional Bodily
Injury Inflicted Exceeding the Limits of Necessary
Self-defence
For a person who commits intentional infliction of serious or
moderate bodily injury in the course of exceeding the limits of
necessary self-defence, if this injury is not inflicted to
protect oneself from a threat to life or from rape,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 129. Intentional Bodily
Injury Inflicted Violating Provisions Regarding Detention of a
Person
(1) For a person who commits intentional infliction of serious
or moderate bodily injury in the course of violating provisions
regarding detention of a person,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed by a public official,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 130. Intentional Slight
Bodily Injury
(1) [21 October 2010]
(2) For a person who commits intentional infliction of slight
bodily injury,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For the commission of the same acts, if:
1) their commission is related to the victim or his or her
relative having performed his or her official or professional
duty or having participated in the prevention or interruption of
a criminal or other unlawful offence, or having provided
testimony in court or at a pre-trial criminal proceedings;
2) they have been in the nature of torment or torture;
3) they have been committed by a group of persons;
4) they have been committed by a person who has been confined
to a place to be held in short-term detention or in prison;
5) they have been committed against a person in the state of
helplessness;
6) they have been committed against a person to whom the
perpetrator of a criminal offence is related in the first or
second degree of kinship, or against the spouse or former spouse,
or against a person with whom the perpetrator of a criminal
offence is or has been in continuous intimate relationships, or
against a person with whom the perpetrator of a criminal offence
has a joint (single) household,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 October 2010; 13 December 2012; 25 September 2014; 8
June 2017; 26 April 2018; 17 December 2020]
Section 130.1 Torture
For a person who commits torture, if such acts have not had
the consequences provided for in Section 125, 126 or 130 of this
Law,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[25 September 2014; 17 December 2020]
Section 131. Negligent Bodily
Injury
For a person who commits infliction of serious or moderate
bodily injury through negligence,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 132. Threatening to Commit
Murder and to Inflict Serious Bodily Injury
(1) For a person who commits threatening to commit murder or
to inflict serious bodily injury, if there have been reasonable
grounds to fear that these threats may be carried out,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed against a person to whom the perpetrator of a criminal
offence is related in the first or second degree of kinship, or
against the spouse or former spouse, or against a person with
whom the perpetrator of a criminal offence is or has been in
continuous intimate relationships, or against a person with whom
the perpetrator of a criminal offence has a joint (single)
household,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020; 15 June 2023 /
See Paragraph 25.1 of Transitional
Provisions]
Section 132.1
Persecution
(1) For repeated or lasting tracking and surveillance of
another person, expressing threats to such person, or unsolicited
communication with such person, if such person has had reasonable
grounds to fear for his or her safety or the safety of his or her
relatives,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed against a person to whom the perpetrator of a criminal
offence is related in the first or second degree of kinship, or
against the spouse or former spouse, or against a person with
whom the perpetrator of a criminal offence is or has been in
continuous intimate relationships, or against a person with whom
the perpetrator of a criminal offence has a joint (single)
household,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[8 June 2017; 17 December 2020; 15 June 2023 / See
Paragraph 25.1 of Transitional Provisions]
Section 133. Infection with Human
Immunodeficiency Virus and Hepatitis B and C Virus
For a person who knowingly commits infection of a person with
human immunodeficiency virus or hepatitis B or C virus,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 133.1 Infection
with a Dangerous Agent of Infectious Disease
For a person who knowingly commits infection of a person with
a dangerous agent of infectious disease if it has resulted in
serious consequences,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 May 2009; 13 December 2012; 3 September 2020; 17
December 2020]
Section 134. Infection with Agent of
Sexually Transmitted Disease
(1) For a person who knowingly commits intentional infection
of a person with an agent of sexually transmitted disease,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who knowingly commits intentional infection
of a minor with an agent of sexually transmitted disease,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 21 May 2009; 13 December 2012; 17
December 2020]
Section 135. Unauthorised Performing
of an Abortion
(1) For a person who, being a person who has the right to
perform abortions, commits abortion on a pregnant woman, where
the abortion is performed outside of the premises of a hospital
or any other medical institution, or at a medical institution but
without legal basis therefor,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine, with deprivation of the right to engage in the practice of
medical treatment for a period of up to five years.
(2) For a person who commits abortion on a pregnant woman in
unsanitary conditions, or if it has been committed by a person
who does not have the right to perform abortions,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to engage in the practice of medical
treatment for a period of up to five years.
(3) [13 December 2012]
(4) For a person who commits unauthorised abortion against the
will of a pregnant woman, or where commission of an unauthorised
abortion has resulted in death of a pregnant woman or other
serious consequences,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years, with deprivation of
right to engage in the practice of medical treatment for a period
of up to ten years.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 136. Compelling Commission
of an Abortion
For a person who commits compelling a pregnant woman to have
an abortion performed, if it has resulted in the abortion being
performed,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 137. Unauthorised Medical
Treatment
(1) For a person who commits unauthorised medical treatment,
if such has caused health disorder to the victim,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits unauthorised medical treatment,
if such has caused the death of the victim or serious bodily
injury through the negligence of the offender,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 138. Improper Performance of
Professional Duties by a Medical Practitioner
(1) For a person who, being a medical practitioner, commits
failing to fulfil professional duties or negligently fulfilling
such, if such offence has, due to the negligence of the offender,
caused serious or moderate bodily injury to the victim,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the same offence, if it has
resulted in the infection of the victim with human
immunodeficiency virus or hepatitis B or C virus, or has been the
cause of the death of the victim,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 21 May 2009; 13 December 2012; 17
December 2020]
Section 139. Illegal Removal of
Tissue and Organs from a Human Being and Use Thereof
(1) For a person who commits illegal removal of tissue or
organs from a deceased human being or uses them for medical or
any other purposes,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits illegal removal of tissue or
organs from a living human being or uses them for medical or any
other purposes,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraphs one or two of this Section, if they have been
committed for the purpose of acquiring property or if they have
been committed by a group of persons,
the applicable punishment is the deprivation of liberty for a
period of up to seven years.
(4) For a person who commits the acts provided for in
Paragraphs one or two of this Section, if they have been
committed by a medical practitioner or if they have been
committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with deprivation of the right to
engage in the practice of medical treatment for a period of up to
five years.
[13 February 2012; 6 June 2019; 17 December 2020; 6 July
2021 / Amendment to Paragraph one regarding the
replacement of the words "community service" with the words
"probationary supervision, or community service" shall come into
force on 1 January 2022. Amendment to Paragraph two regarding the
replacement of the words "or community service" with the words
"or probationary supervision, or community service" shall come
into force on 1 January 2022. See Paragraph 26 of Transitional
Provisions]
Section 139.1 Recruitment
of a Donor and Recipient of Tissue and Organs from a Human
Being
(1) For a person who commits recruitment of a donor or
recipient for illegal removal or transplantation of tissue or
organs from a living human being,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of acquiring property or if they have
been committed by a group of persons, or if they have been
committed by a medical practitioner,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[6 June 2019; 6 July 2021 / Amendments to Paragraphs
one and two regarding the replacement of the words "or community
service" with the words "or probationary supervision, or
community service" shall come into force on 1 January 2022. See
Paragraph 26 of Transitional Provisions]
Section 140. Violation of Sanitary
Hygienic and Epidemiological Safety Provisions
For a person who commits violation of sanitary hygienic or
epidemiological safety provisions, if an epidemic is caused
thereby or it has resulted in other serious consequences,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 3 September 2020; 17
December 2020]
Section 141. Abandonment without
Assistance
(1) For a person who commits failing to provide necessary and
manifestly undelayable assistance, to a human being in a state in
which life is endangered, if the offender knew that he or she
could have provided such without serious danger to himself or
herself or other persons, and if the failure to provide
assistance has resulted in death of the human being or other
serious consequences,
the applicable punishment is the probationary supervision or
community service, or fine.
(2) For a person who knowingly commits abandonment without
assistance of a person who is in a state in which life or health
is endangered and who is unable to save himself or herself due to
his or her juvenility, old-age, illness, or feebleness, if the
offender was able to provide assistance to the victim and had an
obligation to take care of him or her, or the offender himself or
herself has put the person in the life endangering state,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(21) For a person who commits the acts provided for
in Paragraph two of this Section, if the failure to provide
assistance has resulted in death of the human being or other
serious consequences,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if the failure to provide
assistance has resulted in death of two or several human
beings,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 25 September 2014; 7 January 2021; 17
December 2020; 6 July 2021 / Amendment to Paragraph
2.1 regarding the replacement of the words "or
community service" with the words "or probationary supervision,
or community service" shall come into force on 1 January 2022.
See Paragraph 26 of Transitional Provisions]
Section 142. Failure to Provide
Assistance to Victims at Sea
(1) For a person who, being a captain of a ship, commits
failing to proceed to the location of a disaster at sea, if
information is received that assistance is necessary,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who, being a captain of a ship, commits
failing to provide assistance to human beings who are perishing
at sea or on another waterway, if this assistance could have been
provided without serious danger to the ship, its crew and
passengers,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Chapter XIV
Criminal Offences against Fundamental Rights and Freedoms of a
Person
Section 143. Transgression of
Inviolability of the Dwelling of a Person
(1) For a person who commits illegal entering a dwelling
against the will of a person residing there,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts by using violence,
threats, fraud or appropriation of the title of a public
official,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 20 March 2014; 17
December 2020]
Section 144. Violating the
Confidentiality of Correspondence and Information to be
Transmitted over Telecommunications Networks
(1) For a person who commits intentional violation of the
confidentiality of personal correspondence,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits unlawful interception of publicly
unavailable data transmissions or signals in telecommunications
networks, as well as unlawful acquisition of publicly unavailable
electromagnetic data from a telecommunications network in which
such data is present,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they are committed for
the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[25 September 2014; 17 December 2020]
Section 145. Illegal Activities
Involving Personal Data of Natural Persons
(1) For illegal activities involving personal data of a
natural person, if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For illegal activities involving personal data of a
natural person, if they have been performed by a personal data
processing administrator or operator for the purpose of
vengeance, acquisition of property or blackmail,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For influencing a personal data processing administrator
or operator or the data subject, using violence or threats or
using trust in bad faith, or using deceit in order to perform
illegal activities involving personal data of a natural
person,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[10 September 2009; 13 December 2012; 17 December
2020]
Section 146. Violation of Labour
Protection Provisions
(1) For a person who commits violation of the requirements of
laws and regulations governing labour protection or technical
safety, if it is committed by the manager of an undertaking
(company), institution or organisation, or another person
responsible for conformity therewith, and if such offence has
caused bodily injury with health disorder or permanent loss of
ability to work,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the same offence, if it has
caused death of a human being or serious bodily injury to several
human beings,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 147. Violation of Inventors'
and Designers' Rights
(1) For a person who commits intentional disclosure of an
invention or a design without the consent of the owner of the
inventor, designer or the successors in rights thereof prior to
the relevant person disclosing the invention or design himself or
herself or prior to it be being disclosed with the consent of
such persons, as well as commits appropriation of authorship or
compelling of joint authorship of an invention or design,
the applicable punishment is the probationary supervision or
community service, or fine.
(2) For a person who commits compelling, by means of violence,
threats of violence or blackmail, the renouncing of the
authorship of an invention or design or commits compelling of
joint authorship,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[17 October 2002; 12 February 2004; 13 December 2012; 17
December 2020]
Section 148. Infringement of
Copyright and Neighbouring Rights
(1) For a person who commits infringement of copyright or
neighbouring right if such infringement has caused substantial
harm,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the infringement of copyright or neighbouring right,
if it has been committed on a large scale, or for the criminal
offence provided for in Paragraph one of this Section, if it is
committed by an organised group, or by compelling, by means of
violence, threats or blackmail, the renouncing of authorship, or
commits compelling of joint authorship, if it is committed by
means of violence, threats or blackmail,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with deprivation of the right to
engage in specific employment for a period of up to five years
and with or without probationary supervision for a period of up
to three years.
[21 October 2010; 8 July 2011; 13 December 2012; 8 June
2017; 17 December 2020; 7 April 2022]
Section 149. Illegal Acts with
Objects of Copyright and Neighbouring Rights
[21 October 2010]
Section 149.1 Violation
of the Prohibition of Discrimination
(1) For a person who commits discrimination due to racial,
national, ethnic or religious belonging or for the violation of
the prohibition of any other type of discrimination, if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the criminal offence provided for in Paragraph one of
this Section if it has been committed by a public official, or a
responsible employee of an undertaking (company) or organisation,
or a group of persons, or if it is committed by using an
automated data processing system, or for the activities provided
for in Paragraph one of this Section if they are related to
torture,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[25 September 2014; 17 December 2020; 7 April 2022]
Section 150. Incitement of Social
Hatred and Enmity
(1) For a person who commits an act oriented towards inciting
hatred or enmity depending on the gender, age, disability of a
person or any other characteristics, if substantial harm has been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the criminal offence provided for in Paragraph one of
this Section, if it has been committed by a public official, or a
responsible employee of an undertaking (company) or organisation,
or a group of persons, or if it is committed using an automated
data processing system,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the act provided for in Paragraph one of this Section,
if it is related to violence or threats, or the criminal offence
provided for in Paragraph one of this Section, if it has been
committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[25 September 2014; 8 June 2017; 17 December 2020]
Section 151. Interference with
Religious Rituals
[13 December 2012]
Chapter XV
Criminal Offences against Personal Liberty, Honour and
Dignity
Section 152. Illegal Deprivation of
Liberty
(1) For a person who commits unlawful acts depriving a person
of the possibility to freely determine where he or she may be
(illegal deprivation of liberty), if the elements of a criminal
offence by a public official are not present,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed in a manner dangerous to the life or health of the
victim, or if they are related to causing of physical suffering
to him or her, or they have continued for more than a week, or
they have been committed repeatedly, or they have been committed
by a group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits illegal deprivation of liberty,
if serious consequences have been caused thereby or if it has
been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
[12 February 2004; 13 December 2007; 8 July 2011; 13
December 2012; 17 December 2020]
Section 153. Kidnapping
(1) For a person who commits a seizure, using violence or
threats, or abduction of a person by fraud or using the state of
helplessness of a person (kidnapping),
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed repeatedly, as well as for a person who kidnaps a
minor,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(3) For a person who commits kidnapping, if serious
consequences have been caused thereby or it has been committed
against an underaged person, or it has been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of three and up to twelve years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[13 December 2007; 30 October 2008; 8 July 2011; 13
December 2012; 17 December 2020]
Section 154. Seizure of Hostages
(1) For a person who commits seizure or detaining of a person
as a hostage, if it is related to threats of murder, infliction
of bodily injury or further detainment of such person for the
purpose of compelling a natural or legal person or a group of
persons to do some act or refrain from doing such, proposing this
as a condition for the release of the hostage,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
(2) For the commission of the same acts, if they have been
committed against a minor or they have been committed by a group
of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if serious consequences have been
caused thereby or they have been committed against an underaged
person, or they have been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[8 December 2005; 13 December 2007; 8 July 2011; 13
December 2012 / See Paragraph 11 of the Transitional
Provisions]
Section 154.1 Human
Trafficking
(1) For a person who commits human trafficking,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property.
(2) For a person who commits human trafficking if it has been
committed against a minor, or if it has been committed by a group
of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of three and up to twelve years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
(3) For a person who commits human trafficking if it has
endangered the life of a victim or serious consequences have been
caused thereby, or it has been committed involving particular
cruelty or against an underaged person, or it has been committed
by an organised group,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[25 April 2002; 16 December 2004; 13 December 2007; 8 July
2011; 13 December 2012; 14 March 2013 / See Paragraph 11
of the Transitional Provisions]
Section 154.2 Meaning of
Human Trafficking
(1) Human trafficking is the recruitment, transportation,
transfer, concealment, accommodation or reception of persons for
the purpose of exploitation, committed by using violence or
threats or by means of deceit, or by taking advantage of the
dependence of the person on the offender or of his or her state
of vulnerability or helplessness, or by the giving or obtaining
of material benefits or benefits of another nature in order to
procure the consent of such person, upon which the victim is
dependent.
(2) The recruitment, transportation, transfer, concealment,
accommodation or reception of a minor for the purpose of
exploitation shall be recognised as human trafficking also in
such cases, if it is not connected with the use of any of the
means referred to in the Paragraph one of this Section.
(3) Within the meaning of this Section, exploitation is the
involvement of a person in prostitution or in other kinds of
sexual exploitation, the compulsion of a person to perform
labour, to provide services or to commit criminal offences, the
holding of a person in slavery or other similar forms thereof
(debt slavery, serfdom or compulsory transfer of a person into
dependence upon another person), and the holding a person in
servitude or also the illegal removal of a person's tissues or
organs.
(4) Within the meaning of this Section state of vulnerability
means using the circumstances when a person does not have another
actual or acceptable choice, only to submit to exploitation.
[25 April 2002; 13 December 2012; 25 September
2014]
Section 155. Illegal Commitment to a
Psychiatric Hospital
For a person who knowingly commits illegal commitment of a
person to a psychiatric hospital,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine, with deprivation of the right to specific employment for a
period of up to five years.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 156. Denigration
[19 November 2009]
Section 157. Defamation
(1) For a person who knowingly commits intentional
distribution of fictions, knowing them to be untrue and
defamatory of another person, in printed or otherwise reproduced
material, as well as orally, if such has been committed publicly
(defamation),
the applicable punishment is the probationary supervision or
community service, or fine.
(2) For defamation in mass media,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 June 2003; 12 February 2004; 19 November 2009; 13
December 2012; 17 December 2020]
Section 158. Denigration and
Defamation in Mass Media
[19 November 2009]
Chapter XVI
Criminal Offences against Morality and Sexual Inviolability
Section 159. Rape
(1) For a person who commits an act of sexual intercourse
taking advantage of the state of helplessness of a victim or an
act of sexual intercourse against the will of the victim by means
of violence, threats or using trust, authority or exerting other
influence over the victim (rape),
the applicable punishment is the deprivation of liberty for a
period of four and up to ten years and with probationary
supervision for a period of up to five years.
(2) For a person who commits rape where commission is by a
group of persons, or who commits rape of a minor,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of five years and up to twenty years and
with probationary supervision for a period of up to five
years.
(3) For a person who commits rape, if serious consequences
have been caused thereby, or commits rape of such person who has
not attained the age of sixteen years,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of ten years and up to twenty years and
with probationary supervision for a period of up to five
years.
[15 May 2014; 12 November 2015]
Section 160. Sexual Violence
(1) For a person who commits acts of sexual nature for the
purpose of sexual gratification in physical contact with the body
of the victim, if such acts have been committed taking advantage
of the state of helplessness of a victim or against the will of
the victim by means of violence, threats or using trust,
authority or exerting other influence over the victim,
the applicable punishment is the deprivation of liberty for a
period of up to seven years and with probationary supervision for
a period of up to five years.
(2) For a person who commits anal or oral act or sexual
gratification in an unnatural way which is related to vaginal,
anal or oral penetration of the body of the victim, if such acts
have been committed taking advantage of the state of helplessness
of a victim or against the will of the victim by means of
violence, threats or using trust, authority or exerting other
influence over the victim,
the applicable punishment is the deprivation of liberty for a
period of four and up to ten years and with probationary
supervision for a period of up to five years.
(3) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons or on a minor,
the applicable punishment is the deprivation of liberty for a
period of three and up to twelve years, with probationary
supervision for a period of up to five years.
(4) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if serious consequences have
been caused thereby or if it has been committed on a person who
has not attained the age of sixteen years,
the applicable punishment is the deprivation of liberty for a
period of five years and up to fifteen years and with
probationary supervision for a period of up to five years.
(5) For a person who commits the criminal offence provided for
in Paragraph two of this Section, if it has been committed by a
group of persons or on a minor,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of five years and up to twenty years and
with probationary supervision for a period of up to five
years.
(6) For a person who commits the criminal offence provided for
in Paragraph two of this Section, if serious consequences have
been caused thereby or if it has been committed on a person who
has not attained the age of sixteen years,
the applicable punishment is life imprisonment or deprivation
of liberty for a period of ten years and up to twenty years and
with probationary supervision for a period of up to five
years.
[15 May 2014; 25 September 2014; 12 November 2015]
Section 161. Acts of Sexual Nature
with a Person who has not Attained the Age of Sixteen Years
For a person who commits an act of sexual intercourse, anal or
oral act, or sexual gratification in an unnatural way, or other
acts of sexual nature in physical contact with the body of the
victim, if it has been committed on a person who has not attained
the age of sixteen years and if such offence has been committed
by a person who has attained the age of majority,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service.
[15 May 2014; 12 November 2015; 17 December 2020]
Section 162. Leading to
Depravity
(1) For a person who commits leading to depravity of a person
who has not attained the age of sixteen years or who is in the
state of helplessness, that is, for a person who commits acts of
sexual nature without physical contact with the body of the
victim for the purpose of sexual gratification or to rouse sexual
instinct in the victim, if such act has been committed by a
person who has attained the age of majority or it has been
committed taking advantage of the state of helplessness of the
victim or against the will of the victim by means of violence,
threats or using trust, authority or exerting other influence
over the victim,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has caused serious
consequences, or it has been committed against an underaged
person,
the applicable punishment is the deprivation of liberty for a
period of up to seven years and with probationary supervision for
a period of up to five years.
[15 May 2014; 12 November 2015; 17 December 2020]
Section 162.1 Encouraging
to Involve in Sexual Acts
(1) For a person who encourages a person who has not attained
the age of sixteen years to involve in sexual acts or encourages
such person to meet with the purpose to commit sexual acts or
enter into a sexual relationship using information or
communication technologies or other means of communication, if
such act has been committed by a person who has attained the age
of majority,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed
against an underaged person,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision.
[15 May 2014; 12 November 2015; 17 December 2020]
Section 163. Violation of Provisions
Restrictive of Prostitution
[13 December 2012]
Section 163.1
Establishment, Maintenance, Management and Financing of
Brothel
For a person who establishes, maintains, manages or finances a
brothel (illegal place for organising and provision of
prostitution services),
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 164. Involvement of a Person
in Prostitution and Use of Prostitution
(1) For a person who commits involvement of a person in
prostitution,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For a person who commits compelling to engage in
prostitution or involvement of a person in prostitution, using
their trust in bad faith, or by deceit, or by taking advantage of
the dependence of the person on the offender or of his or her
state of helplessness, or intentional use of prostitution of a
victim in human trafficking,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, with or without confiscation of
property.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if such acts have been
committed by a group of persons, or who commits encouraging,
involving or compelling a minor to engage in prostitution, or
commits providing premises to minors for the purpose of
prostitution,
the applicable punishment is the deprivation of liberty for a
period of three years and up to eight years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
(31) For a person who commits use of prostitution
of a minor,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision.
(4) For a person who commits encouraging, involvement, or
compelling to engage in prostitution of a person who has not
attained the age of sixteen years,
the applicable punishment is the deprivation of liberty for a
period of five and up to twelve years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
(5) For a person who commits the acts provided for in this
Section, if they have been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[18 May 2000; 12 February 2004; 13 December 2007; 21 May
2009; 8 July 2011; 13 December 2012; 15 May 2014; 11 June 2020;
17 December 2020]
Section 165. Living on the Avails of
Prostitution
(1) For a person who commits taking advantage, for the purpose
of enrichment, of a person who is engaged in prostitution,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For the commission of the same acts, if they have been
committed by a group of persons, or they have been committed on a
minor,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(3) For the commission of the same acts, if they have been
committed by an organised group or if they have been committed on
a person who has not attained the age of sixteen years,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[18 May 2000; 13 December 2007; 21 May 2009; 8 July 2011;
13 December 2012; 15 May 2014; 17 December 2020]
Section 165.1 Sending a
Person for Sexual Exploitation
(1) For a person who commits sending a person with his or her
consent for sexual exploitation, that is, for any act which
facilitate legal or illegal movement, transit or residence of a
person for such purpose within the territory of one country or
several countries,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of enrichment or if they have been
committed by a group of persons according to a prior
agreement,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have been committed
by an organised group,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[18 May 2000; 16 December 2004; 13 December 2007; 21 May
2009; 8 July 2011; 13 December 2012; 17 December 2020]
Section 165.2 Sending to
a Foreign Country
[21 May 2009]
Section 166. Violation of Provisions
Regarding the Demonstration of a Pornographic Performance,
Restriction of Entertainment of Intimate Nature and Handling of a
Material of Pornographic Nature
(1) For a person who commits violation of the provisions
regarding demonstration of a pornographic performance or other
provisions regarding the restriction of entertainment of intimate
nature, or provisions regarding the handling of a material of
pornographic nature, if it has been committed on a significant
scale or substantial harm has been caused by committing it,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits visiting or demonstration of such
pornographic performance or handling of such materials of
pornographic nature which contain child pornography, sexual
activities of people with animals, necrophilia or sexual
gratification in a violent way,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits encouraging, involvement, forced
participation or utilisation of minors in a pornographic
performance or the production of a material of pornographic
nature,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(4) For a person who commits encouraging, involvement, forced
participation or utilisation of persons who have not attained the
age of sixteen years in a pornographic performance or the
production of a material of pornographic nature,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
(5) For a person who commits the acts provided for in
Paragraph three or four of this Section, if they have been
committed by an organised group or if they have been committed by
means of violence,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[15 May 2014; 29 October 2015; 17 December 2020]
Chapter XVII
Criminal Offences against Family and Minors
Section 167. Substitution of a
Child
(1) For a person who commits intentional substitution of a
newborn child for another,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits substitution of a newborn child
for another for the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 168. Failure to Comply with
the Rulings on Child Custody Rights, Care Rights and Access
Rights
For a person who avoids comply with a ruling of a court or
Orphan's and Custody Court which arises from the child custody
rights, care rights or access rights, as well as for failure to
comply in bad faith or delaying in bad faith the compliance of a
court ruling which provides for the delivery of a child back to
the country of his or her place of residence,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[21 October 2010; 8 July 2011; 13 December 2012; 29 October
2015; 17 December 2020]
Section 168.1 Failure to
Comply with a Ruling on the Protection against Violence
For the failure to comply in bad faith with a ruling on the
protection against violence,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[20 March 2014; 29 October 2015; 17 December 2020; 15 June
2023 / See Paragraph 25.1 of Transitional
Provisions]
Section 169. Disclosure of
Confidentiality of Adoption
For a person who commits disclosure of confidentiality of
adoption contrary to the will of the adopter,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 169.1 Illegal
Acts in Handling of Adoptions
(1) For a person who commits giving of consent for adoption of
a minor if such consent was given by the mother, father or
guardian of such minor for the purpose of acquiring property,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits asking of consent for adoption of
a minor from the mother, father or guardian of such minor
personally or through an intermediary using violence, threats, by
means of fraud, bribes, or other unlawful means, as well as for
such intermediation,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph two of this Section, if they have been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 June 2007; 13 December 2012; 17 December 2020]
Section 170. Avoiding of
Maintenance
For avoiding the execution of a court ruling or a decision of
the competent State institution by which an obligation to care
for his or her parents, grandparents, children, grandchildren or
other persons and provide maintenance to them is imposed,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 February 2004; 13 December 2012; 29 October 2015; 8
June 2017; 17 December 2020]
Section 171. Abuse of the Rights of
a Guardian
For a person who commits utilisation of a guardianship or
trusteeship to the detriment of persons subject to the
guardianship or trusteeship,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 172. Involvement of a Minor
in a Criminal Offence
For a person who commits involving of a minor in a criminal
offence,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 173. Causing Condition of
Drunkenness of a Minor, Involving of a Minor in Non-medical Use
of Therapeutic Medicaments and Other Means which Cause
Intoxication
(1) [13 December 2012]
(2) For a person who knowingly commits causing condition of
drunkenness of a minor, or commits involving of a minor in
non-medical use of therapeutic or other medicinal products which
as are not narcotic or psychotropic substances but cause
intoxication, if such has been committed using violence or
threats,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 174. Cruelty Towards and
Violence against a Minor
(1) For a person who commits cruel or violent treatment of a
minor, if physical or mental suffering has been inflicted upon
the minor and if such has been inflicted by persons upon whom the
victim is financially or otherwise dependent and if the
consequences provided for in Section 125 or 126 of this Law are
not caused by these acts,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed
against an underaged person,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[30 October 2008; 8 July 2011; 13 December 2012; 17
December 2020; 7 January 2021]
Chapter XVIII
Criminal Offences against Property
Section 175. Theft
(1) For a person who commits concealed or overt stealing
(theft) of the movable property of another,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits theft, if it has been committed
on a significant scale or if it has been committed by a group of
persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits theft, if it has been committed
by entering a vehicle, apartment or other premises, or if it has
been committed from a storage facility or from a system
connecting storage facilities, as well as for a person who
commits theft of a vehicle,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(4) For a person who commits theft, if it has been committed
on a large scale or if it has been committed by an organised
group, as well as commits theft of narcotic, psychotropic,
powerfully acting, toxic or radioactive substances, or
explosives, firearms or ammunition,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[25 April 2002; 8 July 2011; 13 December 2012; 6 June 2019;
17 December 2020]
Section 176. Robbery
(1) For a person who commits stealing of movable property of
another related to violence or threatened violence (robbery),
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For a person who commits robbery, if it has been committed
on a significant scale or if it has been committed by a group of
persons according to a prior agreement, or if it has been
committed by entering a vehicle, apartment or other premises, or
if it has been committed from a storage facility or a system
connecting storage facilities, as well as for a person who
commits robbery of a vehicle,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(3) For a person who commits robbery, if it has been committed
on a large scale, or such has been committed by an organised
group, or who commits the robbery of narcotic, psychotropic,
powerfully acting, poisonous or radioactive substances, or
explosive substances, firearms or ammunition,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
(4) For a person who commits robbery, if it has been committed
using firearms or explosives, or if it is related to the
infliction of serious bodily injury on the victim, or if other
serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[25 April 2002; 12 February 2004; 8 July 2011; 13 December
2012; 6 June 2019; 17 December 2020]
Section 177. Fraud
(1) For a person who commits acquiring property of another, or
of rights to such property, by the use, in bad faith, of trust,
or by deceit (fraud),
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits fraud if it has been committed on
a significant scale or if it has been committed by a group of
persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits fraud, if it has been committed
on a large scale, or it has been committed by an organised group,
or it has been committed, acquiring narcotic, psychotropic,
powerfully acting, poisonous or radioactive substances or
explosive substances, firearms or ammunition,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[12 February 2004; 13 December 2007; 8 July 2011; 13
December 2012; 17 December 2020; 7 April 2022]
Section 177.1 Fraud in an
Automated Data Processing System
(1) For a person who commits the knowingly entering of false
data into an automated data processing system for the acquisition
of the property of another person or the rights to such property,
or the acquisition of other material benefits, in order to
influence the operation of the resources thereof (computer
fraud),
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits computer fraud, if it has been
committed by a group of persons according to a prior
agreement,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits computer fraud, if it has been
committed on a large scale or if it has been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[28 April 2005; 13 December 2007; 8 July 2011; 13 December
2012; 17 December 2020]
Section 178. Insurance Fraud
(1) For a person who commits intentional destruction, damage
or concealment of the property of himself or herself for the
purpose of receiving insurance compensation,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits compelling or persuading another
person to destroy, damage or conceal insured property, or other
influencing for the same purposes, if it has been committed by
the owner of the property for the purpose of receiving insurance
moneys,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraphs one and two of this Section, if they have been
committed for the purpose of obtaining a large amount of
insurance money,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 179. Misappropriation
(1) For a person who commits unlawful acquiring or wasting
property of another, if it has been committed by a person to whom
such property been entrusted or in whose charge it has been
placed (misappropriation),
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with or
without confiscation of property.
(2) For a person who commits misappropriation if it has been
committed on a significant scale or if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits misappropriation, if it has been
committed on a large scale, or who commits misappropriation of
narcotic, psychotropic, powerfully acting, poisonous or
radioactive substances or explosive substances, firearms or
ammunition,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without the confiscation of
property and with or without probationary supervision for a
period of up to three years.
[12 February 2004; 13 December 2012; 17 December 2020; 7
April 2022]
Section 180. Theft, Fraud,
Misappropriation on a Small Scale
(1) For a person who commits theft, fraud, or misappropriation
on a small scale, except for the crimes provided for in the
Section 75, Paragraphs three and four; Section 177, Paragraph
three and Section 179, Paragraph three of this Law,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) [13 December 2012]
[15 January 2004; 13 December 2012; 17 December
2020]
Section 181. Repeated Theft, Fraud,
Misappropriation
[13 December 2012]
Section 182. Arbitrary Consumption
of Electricity, Thermal Energy and Gas, Arbitrary Utilisation of
Electronic Communications Services
(1) For a person who commits arbitrary consumption of
electricity, thermal energy or gas services or arbitrary
utilisation of electronic communications services, if it has been
committed on a significant scale,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits arbitrary consumption of
electricity, thermal energy or gas services or arbitrary
utilisation of electronic communications services, if it has been
committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[21 June 2007; 13 December 2012; 29 October 2015; 17
December 2020]
Section 182.1 Illegal
Acts with the Commercial Accounting of Consumed Electricity,
Thermal Energy and Gas
(1) For a person who commits interference with the operation
of an electricity, thermal energy or gas meter for commercial
accounting of electricity, thermal energy or gas or the
distortion thereof or making, adaptation, distribution or
installation of equipment, devices or software, if such acts
provide persons with the possibility to arbitrarily consume
electricity, thermal energy or gas,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed by a group of persons according to a prior agreement,
or they have caused serious consequences,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[21 October 2010; 13 December 2012; 25 September 2014; 17
December 2020]
Section 183. Extortion
(1) For a person who commits demanding without legal basis
therefor the surrender of property or rights to property, or the
performing of any acts of a financial nature, therewith
threatening violence against, or disclosure of defamatory
information concerning, the victim or relatives of the victim, or
to destroy their property or cause them other substantial harm
(extortion),
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For a person who commits extortion, if it has been
committed by a group of persons according to a prior agreement,
or using violence, firearms or explosives,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without the confiscation of
property and with probationary supervision for a period of up to
three years.
[8 July 2011; 13 December 2012; 17 December 2020]
Section 184. Extortion by an
Organised Group
(1) For a person who commits establishing an organised group
or participating in such for the purpose of extortion,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(2) For a person who commits extortion as a member of an
organised group, if the extortion is committed using violence,
threats, firearms or explosives,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
(3) For a person who commits the acts provided for in
Paragraph two of this Section if they have resulted in serious
consequences,
the applicable punishment is the deprivation of liberty for a
period of five years and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[8 July 2011; 13 December 2012 / See Paragraph 11 of the
Transitional Provisions]
Section 185. Intentional Destruction
of and Damage to Property
(1) For a person who commits intentional destruction of or
damage to property of another,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits intentional destruction of or
damage to property of another, if it has been committed by arson
or in another generally dangerous way, or it has been committed
on a large scale, or due to the negligence of the offender death
of a human being has occurred or other serious consequences have
been caused,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without probationary
supervision for a period of up to three years.
[12 February 2004; 13 December 2012; 29 October 2015; 17
December 2020]
Section 186. Negligent Destruction
of and Damage to Property
(1) For a person who commits destruction of or damage to the
property of another through negligence, by careless handling of
fire or in another generally dangerous way and if it has resulted
in substantial harm,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits destruction of or damage to the
property of another through negligence, if it has resulted in
death of a human being or other serious consequences have been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits destruction of or damage to the
property of another through negligence, if it has resulted in
death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 25 September 2014; 11
June 2020; 17 December 2020]
Section 187. Intentional Destruction
and Damaging of Electrical Network, Public Electronic
Communications Network, Heating Network, Gas, Oil and Oil Product
Pipelines
(1) For a person who commits intentional destruction of or
damage to an electrical network, public electronic communications
network, heating network or gas, oil and oil product pipelines or
installations thereof,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have resulted
in death of a human being or an emergency, disaster or other
serious consequences have been caused, or if they have been
committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[13 December 2007; 21 October 2010; 8 July 2011; 13
December 2012; 17 December 2020]
Section 188. Negligent Destruction
of and Damage to Natural Gas and Oil Pipelines
(1) For a person who commits destruction of or damage to
natural gas, oil or oil product pipelines or their installations
through negligence,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have resulted
in death of a human being or an emergency, disaster or other
serious consequences have been caused,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[12 February 2004; 21 October 2010; 13 December 2012; 25
September 2014; 17 December 2020]
Section 189. Irresponsible and
Careless Guarding of Property
[11 June 2020]
Chapter XIX
Criminal Offences of an Economic Nature
Section 190. Smuggling
(1) For a person who commits bringing in of goods or other
valuables into the customs territory of the Republic of Latvia or
taking out thereof, by avoiding customs control or concealing
such goods or other valuables from such control, or not declaring
such goods or other valuables, or using false customs or other
documents, or in any other illegal way (smuggling), if it is
committed on a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with or
without confiscation of property.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For the criminal offence provided for in Paragraph one of
this Section, if it has been committed by an organised group, or
for smuggling if it is committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without confiscation of
property, and with or without probationary supervision for a
period of up to three years, with deprivation of the right to
engage in entrepreneurial activity of a specific type or of all
types or to engage in specific employment or the right to take up
a specific office for a period of up to five years.
(4) [13 December 2012]
[28 April 2005; 13 December 2007; 13 December 2012; 29
October 2015; 8 June 2017; 3 September 2020; 17 December
2020]
Section 190.1 Movement of
Goods and Substances the Circulation of which is Prohibited or
Specially Regulated across the State border of the Republic of
Latvia
(1) For a person who commits moving of a narcotic or
psychotropic substance, the source material (precursor) intended
for the manufacture of such substances, new psychoactive
substance or a product containing it the handling of which is
prohibited or restricted, as well as radioactive or hazardous
substance, goods of strategic importance or other valuable
property, explosive, weapon and ammunition across the State
border of the Republic of Latvia in any illegal way,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For the commission of the same acts, if they have been
committed by a group of persons according to a prior agreement,
or if they have been committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without confiscation of
property.
(3) For the commission of the same acts, if they have been
committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to twelve years, with or without confiscation of
property, with probationary supervision for a period of up to
three years, with deprivation of the right to engage in
entrepreneurial activity of a specific type or of all types or to
engage in specific employment or the right to take up a specific
office for a period of up to five years.
[28 April 2005; 21 June 2007; 13 December 2007; 19 November
2009; 8 July 2011; 13 December 2012; 25 September 2014; 17
December 2020]
Section 191. Unauthorised Activities
with Goods and Other Valuable Property Subject to Customs
Clearance
(1) For a person who commits storage, movement, forwarding or
disposal of goods or other valuable property subject to customs
clearance in the customs territory of the Republic of Latvia
without the permission of the customs authorities, if it has been
committed on a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with or
without confiscation of property.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits storage, movement, forwarding or
disposal of goods or other valuable property subject to customs
clearance in the customs territory of the Republic of Latvia
without the permission of the customs authorities, if it has been
committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with or without confiscation of
property, with or without probationary supervision, with
deprivation of the right to engage in entrepreneurial activity of
a specific type or of all types or to engage in specific
employment or the right to take up a specific office for a period
of up to five years.
[28 April 2005; 13 December 2012; 29 October 2015; 3
September 2020; 17 December 2020]
Section 192. Manufacture,
Distribution, Transportation, Forwarding, Acquisition and Storage
of Counterfeit Money and State Financial Instruments
(1) For a person who commits transportation, forwarding,
acquisition or storage of counterfeit banknotes, coins, State
financial instruments or foreign currency in circulation or
intended for circulation in the Republic of Latvia for the
purpose of distribution thereof or for its manufacture, or
commits distribution of such counterfeits,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For a person who commits manufacture of counterfeit
banknotes, coins, State financial instruments or foreign currency
in circulation or intended for circulation in the Republic of
Latvia or distribution of such counterfeits, if it has been
committed on a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed on a
large scale, or if they have been committed by an organised
group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[10 April 2003; 18 December 2003; 5 May 2005; 13 December
2007; 8 July 2011; 13 December 2012; 28 January 2016; 17 December
2020]
Section 192.1
Manufacture, Acquisition, Storage, and Distribution of Equipment,
Software Adapted for Money Counterfeiting
For a person who commits manufacture, acquisition, storage or
distribution of such equipment, software, data, protection
(anti-counterfeiting) elements or any other means that have been
adapted for counterfeiting of banknotes, coins, State financial
instruments or foreign currency in circulation or intended for
circulation in the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[28 January 2016; 17 December 2020]
Section 193. Illegal Activities with
Financial Instruments and Means of Payment
(1) [28 January 2016]
(2) For a person who commits stealing, destruction, damage, or
illegal utilisation of financial instruments or means of payment
of another person, or for a person who commits obtaining,
storage, movement, or circulating of stolen means of payment,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or community service, or fine, with or without confiscation of
property.
(3) For a person who commits counterfeiting of financial
instruments or means of payment, and also commits obtaining,
storage, movement, circulating, or using such counterfeits, if
the elements of the crime provided for in Section 192 of this Law
are not present,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without confiscation of
property.
(4) For a person who commits the acts provided for in
Paragraphs two and three of this Section, if they have been
committed on a large scale, or if they have been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[18 December 2003; 13 December 2007; 8 July 2011; 13
December 2012; 29 October 2015; 28 January 2016; 6 July 2021; 17
December 2020]
Section 193.1 Obtaining,
Manufacture, Distribution, Utilisation, and Storage of Data,
Software and Equipment for Illegal Acts with Financial
Instruments and Means of Payment
(1) For a person who commits obtaining, movement, or
distribution of such data which enables illegal utilisation of
financial instruments or means of payment,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or community service, or fine.
(2) For a person who commits use of such data which enables
illegal utilisation of financial instruments or means of payment,
or who commits manufacture or adaptation of software or equipment
for committing the crimes provided for in Section 193 of this
Law, or commits obtaining, movement, storage, or distribution of
such software or equipment for the same purpose,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or community service, or fine, with or without confiscation of
property.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have been committed
by an organised group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[1 June 2000; 18 December 2003; 13 December 2007; 8 July
2011; 13 December 2012; 6 July 2021; 17 December 2020]
Section 193.2 Illegal Use
of Internal Information and Manipulations in Financial
Markets
(1) For a person who commits illegal use of internal
information in financial markets, recommending to another person
or encouraging another person to engage in illegal use of
internal information in financial markets, as well as for
manipulations in financial markets, if serious consequences have
been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
probationary supervision for a period of up to three years.
[28 January 2016; 17 December 2020]
Section 194. Unauthorised Issue of
Financial Instruments
(1) For a person who commits putting into circulation of
financial instruments of a legal person before the legal person
has commenced activity or without registration of financial
instruments as laid down in the law, or knowingly providing false
information regarding public issue of financial instruments,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
(2) For a person who commits manufacturing and putting into
circulation of financial instruments if they do not conform to
the provisions of the articles of association, issuing prospectus
or other document issued for this purpose, or issuing of a
certificate of deposit (investment) without receipt of the
relevant deposit,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or community service, or fine.
[18 December 2003; 12 February 2004; 13 December 2012; 17
December 2020]
Section 194.1
Dissemination of False Data or Information Regarding the
Condition of the Finance System of the Republic of Latvia
(1) For a person who knowingly commits dissemination of false
data or information orally, written or in other ways regarding
the condition of the finance system of the Republic of
Latvia,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts if they have been
committed by a group of persons according to a prior agreement,
or if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed for
the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
[13 December 2007; 13 December 2012; 17 December 2020; 7
April 2022]
Section 195. Laundering of the
Proceeds from Crime
(1) For a person who commits laundering of criminally acquired
financial resources or other property,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For the commission of the same acts, if they have been
committed by a group of persons according to a prior
agreement,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits the acts provided for by
Paragraph one of this Section, if they have been committed on a
large scale, or if they have been committed by an organised
group,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[28 April 2005; 13 December 2007; 8 July 2011; 13 December
2012; 6 June 2019; 17 December 2020]
Section 195.1
Non-provision of Information and Provision of False Information
Regarding Ownership of Resources and the True Beneficiary
(1) For a person who knowingly commits provision of false
information to a natural or legal person which is authorised by
law to request information regarding a transaction and the true
owner and true beneficiary of the financial resources or other
property involved therein, as well as non-provision of the
information specified in the law regarding the true beneficiary
or provision of knowingly false information to a State
institution or legal person,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 6 June 2019; 17 December 2020; 7 April
2022]
Section 195.2 Avoidance
of Declaring of Cash
(1) [13 December 2012]
(2) For a person who fails to declare or commits false
declaration of cash on a large scale which is brought into or out
of the Republic of Latvia when crossing the State internal
border, if the filling in of the declaration of cash in
accordance with the procedures laid down by the law has been
requested by the official of the competent authority,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
(21) For a person who fails to declare or commits
false declaration of cash on a large scale which is brought into
or out of the Republic of Latvia when crossing the State external
border,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or community service, or fine.
(3) For a person who commits the criminal offence provided for
in Paragraph two and 2.1 of this Section, if it has
been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or community service, or fine.
[8 December 2005; 13 December 2012; 8 June 2017; 20 June
2019; 6 July 2021; 17 December 2020 / Amendment to Paragraph
2.1 regarding the replacement of the word "community"
with the word "community" shall come into force on 1 January
2022. See Paragraph 26 of Transitional Provisions]
Section 196. Use of and Exceeding
Authority in Bad Faith
(1) For committing intentional acts by a responsible employee
of an undertaking (company) or organisation, that is, a person
who in an undertaking (company) or organisation has the right to
make decisions binding upon other persons or the right to deal
with the property or financial resources of the undertaking
(company) or organisation, or a person similarly authorised by an
undertaking (company) or organisation, in bad faith by using his
or her authority or exceeding such if these acts have caused
substantial harm,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed for
the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or community service, or fine, with or without confiscation of
property and with the deprivation of the right to take up a
specific office for a period of up to three years.
[11 December 2003; 12 February 2004; 13 December 2012; 17
December 2020; 7 April 2022]
Section 197. Neglect
For a person who commits neglectful fulfilment of work duties
if it is committed by a responsible employee of an undertaking
(company) or organisation or a person similarly authorised by an
undertaking (company) or organisation if substantial harm has
been caused thereby,
the applicable punishment is the temporary deprivation of
liberty or community service, or fine.
[12 February 2004; 13 December 2012; 17 December 2020; 7
April 2022]
Section 198. Unauthorised Receipt of
Benefits
(1) For a person who unlawfully accepts material values,
property or benefits of other nature, or offers thereof, if
accepted by an employee of an undertaking (company) or
organisation himself or herself or through an intermediary, or a
person who, on the basis of the law or a lawful transaction, is
authorised to conduct the matters of another person, for
performing or failing to perform some act, using his or her
authority, irrespective of whether the material values, property
or benefits of other nature accepted are intended for this person
or any other person,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed on a
large scale, or they have been committed by a group of persons
according to a prior agreement, or where material values,
property or benefits of other nature have been requested,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who unlawfully accepts material values,
property or benefits of other nature, or offers thereof, if
accepted by a responsible employee of an undertaking (company) or
organisation himself or herself or through an intermediary, or a
person similarly authorised by an undertaking (company) or
organisation, or a person who, on the basis of the law or a
lawful transaction, is authorised to resolve disputes or take
binding decisions but who is not a public official, for
performing or failing to perform some act, using his or her
authority, irrespective of whether the accepted material values,
property or benefits of other nature are intended for this person
or any other person,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property and with deprivation of the
right to take up a specific office for a period of up to three
years.
(4) For a person who commits the acts provided for in
Paragraph three of this Section, if have been committed on a
large scale, or they have been committed by a group of persons
according to a prior agreement, or they are related to a demand
for material values, property or benefits of other nature,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property and with deprivation of the
right to take up a specific office for a period of two years and
up to five years.
[16 February 2006; 19 November 2009; 13 December 2012; 6
June 2019; 17 December 2020]
Section 199. Commercial Bribery
(1) For a person who commits offering or giving of material
values, property or benefits of other nature in person or through
intermediaries to an employee of an undertaking (company) or
organisation, or a person who, on the basis of the law or a
lawful transaction, is authorised to conduct affairs of another
person, or a responsible employee of an undertaking (company) or
organisation, or a person similarly authorised by an undertaking
(company) or organisation, or a person who, on the basis of the
law or lawful transaction, is authorised to settle disputes so
that he or she, using his or her authority, would perform or fail
to perform some act, irrespective of whether the material values,
property or benefits of other nature are intended for this person
or any other person,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to three years.
[25 April 2002; 12 February 2004; 19 November 2009; 13
December 2012; 6 June 2019; 17 December 2020]
Section 199.1 Release of
a Giver of Benefits from Criminal Liability
A person who has unlawfully offered or given material values,
property or benefits of other nature may be released from
criminal liability if he or she, after committing of the criminal
offence, voluntarily informs of the occurrence and actively
furthers the disclosure and investigation of the criminal
offence.
[19 November 2009; 13 December 2012]
Section 200. Disclosure of
Non-disclosable Information which is not Confidential, Secret, or
Top Secret Information, Unauthorised Acquisition and Disclosure
of Information Containing Commercial Secret, and Illegal
Disclosure of Inside Information of the Financial Markets
(1) For a person who commits disclosure of non-disclosable
information which is not confidential, secret, or top secret
information, if it has been committed by a person who is not a
public official and who, in accordance with the law, is liable
for the storage of information,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
community service, or fine.
(2) For a person who commits unauthorised acquisition of a
commercial secret for the use or disclosure by himself or herself
or another person, or commits unauthorised disclosure of the
commercial secret to another person for the same purpose, as well
as commits illegal disclosure of inside information of the
financial market,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
(3) For a person who commits stealing of the information
indicated in Paragraph one or two of this Section,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or community service, or fine.
[26 May 2005; 13 December 2012; 28 January 2016; 6 June
2019; 17 December 2020; 20 April 2023]
Section 201. Usury
For a person who commits making of loans in whatever form,
knowingly taking advantage of the grave economic situation of the
borrower of the loan, and the terms and conditions of which are
excessively burdensome for the borrower (usury),
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 202. Failing to Ensure
Quality of Goods and Services
For a person who knowingly commits manufacturing and disposal
of such goods, or providing to consumers such services which fail
to comply with the quality requirements laid down in laws and
regulations, documents of technical standards or agreements, as a
result of which substantial harm has been caused,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
[12 February 2004; 13 December 2007; 13 December 2012; 17
December 2020; 7 April 2022]
Section 203. Failing to Observe the
Requirements Regarding Safety of Goods and Services
For a person who commits failing to comply with the
requirements regarding the safety of goods and services laid down
in laws and regulations, documents of technical standards,
agreements, or in standards approved by accordingly authorised
State institutions, as a result of which substantial harm has
been caused,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
[12 February 2004; 13 December 2007; 13 December 2012; 17
December 2020; 7 April 2022]
Section 204. Defrauding Purchasers
and Ordering Parties
[13 December 2012]
Section 205. Violation of Trading
Provisions
(1) [13 December 2012]
(2) For a person who commits intentional violation of trading
provisions issued by State institutions if it has resulted in a
substantial harm,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
community service, or fine.
[25 April 2002; 13 December 2012; 17 December 2020; 7 April
2022]
Section 206. Illegal Use of
Trademarks, Other Distinguishing Marks and Designs
(1) For a person who commits illegal use of a trademark, other
distinguishing marks for goods or services or unauthorised use of
a design, counterfeiting a mark or deliberate use or distribution
a counterfeited mark if it has been committed on a significant
scale or if it has caused substantial harm,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or community service, or fine.
(3) For the illegal use of a trademark, other distinguishing
marks for goods or services or unauthorised use of a design,
counterfeiting a mark or intentional use or distribution of a
counterfeit mark, if it has been committed on a large scale, or
for the criminal offence provided for in Paragraph one of this
Section, if it has been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with deprivation of the right to
engage in specific employment for a period of up to five years,
with deprivation of the right to engage in entrepreneurial
activity of a specific type or of all types or the right to take
up a specific office, and with or without probationary
supervision for a period of up to three years.
[21 October 2010; 8 July 2011; 13 December 2012; 29 October
2015; 8 June 2017; 17 December 2020; 7 April 2022]
Section 207. Entrepreneurial
Activities without Registration or a Permit (Licence)
(1) [13 December 2012]
(2) For a person who commits engaging in entrepreneurial
activity without registration or without a special permit
(licence) if the necessity for such is determined in the law, or
continuation of operation of an undertaking (company) after issue
of an order regarding suspending its operation if such
entrepreneurial activity or continuation of operation has been
committed on a significant scale or if it has caused substantial
harm,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or community service, or fine, with or without confiscation of
property and with deprivation of the right to engage in
entrepreneurial activity of a specific type or of all types or
the right to take up a specific office for a period of two years
and up to five years.
[12 February 2004; 13 December 2012; 29 October 2015; 17
December 2020; 7 April 2022]
Section 208. Prohibited
Entrepreneurial Activity
For a person who commits engaging in entrepreneurial activity
regarding which a special prohibition applies,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or community service, or fine, with or without confiscation of
property and with deprivation of the right to engage in
entrepreneurial activity of a specific type or of all types or
the right to take up a specific office for a period of two years
and up to five years.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 209. Fictitious
Entrepreneurial Activities
[21 May 2009]
Section 210. Fraudulent Obtaining
and Use of Credit and Other Loans
(1) For a person who knowingly provides false information to
obtain subsidies, grants, credit or other loans, or during the
period of use of the subsidies, grants, credit or other loans if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of obtaining or using subsidies,
grants, credit or other loans on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or community service, or fine.
[13 December 2012; 8 June 2017; 6 June 2019; 17 December
2020; 7 April 2022]
Section 211. Unfair Competition,
Misleading Advertising and Unfair Commercial Practice
For a person who commits unfair competition, misleading
advertising or unfair commercial practices if substantial harm
has been caused thereby,
the applicable punishment is the temporary deprivation of
liberty or community service, or fine.
[13 December 2012; 17 December 2020; 7 April 2022]
Section 212. Failing to Comply with
the Requirements Stipulated by an Institution for Protection and
Promotion of Competition
For a person who commits failing to comply with the legal
requirements stipulated by a State institution for the protection
and promotion of competition if substantial harm has been caused
thereby,
the applicable punishment is the temporary deprivation of
liberty or community service, or fine.
[13 December 2012; 17 December 2020; 7 April 2022]
Section 212.1
Manipulations with Sports Competitions
(1) For a person who commits manipulations with sports
competitions organised by a sports organisation,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they are related to the
acceptance, handing over or offering of material values,
properties or benefits of other nature,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the criminal offence provided for
in Paragraph two of this Section, if it has been committed on a
large scale, or if it has been committed by an organised
group,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[28 January 2016; 17 December 2020]
Section 213. Driving into
Insolvency
(1) For a person who commits driving a legal person the
subject of the insolvency proceedings into insolvency due to
neglect, if substantial harm has been caused thereby to the
interests protected by law of another person,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to engage in entrepreneurial activity of
a specific type or of all types or to a specific employment, or
the right to take up a specific office for a period of up to
three years.
(2) For a person who commits intentionally driving a legal
person the subject of the insolvency proceedings into insolvency,
if substantial harm has been caused thereby to the interests
protected by law of another person,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in entrepreneurial activity of
a specific type or of all types or to a specific employment, or
the right to take up a specific office for a period of two years
and up to five years.
[13 December 2007; 13 December 2012; 17 December
2020]
Section 214. Submission of a False
Application for Insolvency
(1) [21 October 2010]
(2) For a person who commits submitting such application for
insolvency wherein knowingly false information has been provided
or there has been concealment of information, if due to the
application the insolvency proceedings may be announced or was
announced (knowingly untrue insolvency proceedings
application),
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2007; 21 October 2010; 13 December 2012; 17
December 2020]
Section 215. Delay of Insolvency
Proceedings
(1) [21 October 2010]
(2) For the provision of false information to the court,
meetings of creditors or other institutions or persons as
provided for by law knowingly, as well as engaging in
transactions in favour of one or several creditors to the
detriment of the remaining creditors, if such has been committed
by the administrator of the insolvency proceedings,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For impeding the course of insolvency proceedings, which
is manifested in the conduct of the representative of the debtor
(subject of the insolvency proceedings of the legal person) or of
a natural person (natural person in the insolvency proceedings)
as provision of false information to the court or administrator
knowingly, illegal performance of transactions, concealing
property or transactions, concealing, destroying or forging of
documents,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in entrepreneurial activity of
a specific type or of all types or to a specific employment, or
the right to take up a specific office for a period of two years
and up to five years.
[13 December 2007; 21 October 2010; 13 December 2012; 8
June 2017; 17 December 2020]
Section 215.1 Violation
of Legal Protection Proceedings Regulations
(1) For the use of legal protection proceedings for the
purpose of evading the fulfilment of obligations,
the applicable punishment is the probationary supervision or
community service, or fine.
(2) For impeding the legal protection proceedings which is
manifested by the provision of false information to the court or
supervisory person of legal protection proceedings knowingly,
illegal performance of transactions, concealing property or
transactions, concealing, destroying or forging of documents,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to engage in entrepreneurial activity of
a specific type or of all types or to a specific employment, or
the right to take up a specific office for a period of two years
and up to five years.
[13 December 2007; 13 December 2012; 8 June 2017; 17
December 2020]
Section 216. Unlawful Alienation,
Damaging and Destruction of Pledged Property
For a person who commits the alienation of property pledged by
way of commercial pledge without the authorisation of the
pledgee, or the damaging or destruction thereof if substantial
harm has been caused thereby,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020; 7 April 2022]
Section 217. Violation of Provisions
Regarding Accounting and Statistical Information
(1) For a person who commits hiding or forging of accounting
documents, annual accounts, statistical reports or statistical
information specified in the law for an undertaking (company),
institution or organisation,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
community service, or fine.
(2) For the commission of the same acts if they have caused
substantial harm,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or community service, or fine.
(3) For a person who commits the criminal offence provided for
in Paragraph two of this Section, if it has been committed for
acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or community service, or fine.
[13 December 2012; 6 June 2019; 17 December 2020; 7 April
2022]
Section 217.1 Violation
of Work Remuneration Provisions
For a person who commits disbursing of work remuneration not
indicated in the accounting records, if it has been committed on
a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine, and with deprivation of the right to
engage in entrepreneurial activity of a specific type or of all
types or to a specific employment, or the right to take up a
specific office for a period of up to three years.
[10 March 2016; 17 December 2020]
Section 218. Evasion of Tax Payments
and Payments Equivalent Thereto
(1) [13 December 2012]
(2) For a person who commits evasion of tax payments and
payments equivalent thereto or of concealing or reducing income,
profits and other items subject to tax, if losses on a large
scale are caused thereby to the State or local government,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or community service, or fine, with or without confiscation of
property and with deprivation of the right to engage in
entrepreneurial activity of a specific type or of all types or to
a specific employment, or the right to take up a specific office
for a period of two years and up to five years.
(3) For the criminal offence provided for in Paragraph two of
this Section, if it has been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without confiscation of
property and with deprivation of the right to engage in
entrepreneurial activity of a specific type or of all types or to
a specific employment, or the right to take up a specific office
for a period of two years and up to five years, and with
probationary supervision for a period of up to three years.
[12 February 2004; 13 December 2007; 8 July 2011; 13
December 2012; 8 June 2017; 17 December 2020]
Section 218.1 Indication
of a Transaction that Has not Actually Occurred in the Value
Added Tax Return
(1) For a person who commits the indication in the value added
tax return of a transaction taxable with value added tax which
has not actually occurred, if the total value of the transaction
indicated in the return and not having actually occurred or of
several such transactions reaches a large amount,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
(2) For a person who commits the indication in the value added
tax return or in several such returns of a transaction taxable
with value added tax which has not actually occurred, if losses
have been caused thereby to the State on a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or community service, or fine, with deprivation of the right to
engage in entrepreneurial activity of a specific type or of all
types or to a specific employment, or the right to take up a
specific office for a period of two years and up to five
years.
(3) For a person who commits the acts provided for in
Paragraph two of this Section, if losses have been caused thereby
to the State on a significant scale, or for the criminal offence
provided for in Paragraph one or two of this Section, if it has
been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without confiscation of
property and with deprivation of the right to engage in
entrepreneurial activity of a specific type or of all types or to
a specific employment, or the right to take up a specific office
for a period of two years and up to five years, and with
probationary supervision for a period of up to three years.
[6 July 2021 / See Paragraph 27 of Transitional
Provisions]
Section 219. Avoiding Submission of
Declaration
(1) [13 December 2012]
(2) For a person who commits intentionally setting out false
information in a declaration of income, property or transactions,
or other declaration of a financial nature specified in the law,
if false information is indicated regarding property or other
income on a large scale,
the applicable punishment is the temporary deprivation of
liberty or community service, or fine.
(3) For a person who commits not indicating the source of
origin of the property or other income to be declared as
indicated in the law, or providing false information regarding
the source of origin of the property or other income, if such
information has been requested by the relevant authorised State
institution in accordance with procedures laid down in the law,
and if false information is indicated regarding property or other
income on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine, with or without confiscation of
property.
[17 October 2002; 12 February 2004; 13 December 2007; 13
December 2012; 17 December 2020]
Section 220. Concealment of
Property
For a person who commits alienation, damaging, destruction,
squandering, hiding or other concealing of property or financial
resources for the purpose of evading payment of a debt or
fulfilment of some other obligation,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 220.1 Illegal
Storage, Movement (Transportation) and Disposal of Oil
Products
(1) For a person who commits illegal storage, movement
(transportation) or disposal of oil products, if it has been
committed on a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits illegal storage, movement
(transportation) or disposal of oil products, if it has been
committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with or
without confiscation of property.
(3) For the criminal offence provided for in Paragraph one or
two of this Section, if it has been committed by a group of
persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(4) For the criminal offence provided for in Paragraph one or
two of this Section, if it has been committed by an organised
group,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
[13 December 2012; 8 July 2011; 29 October 2015; 8 June
2017; 17 December 2020]
Section 221. Illegal Manufacture
(Production), Storage, Movement, and Disposal of Alcoholic
Beverages and Tobacco Products
(1) For a person who commits illegal manufacture (production),
storage, movement or disposal of alcoholic beverages or tobacco
products, if it has been committed on a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits illegal manufacture (production),
storage, movement or disposal of alcoholic beverages or tobacco
products if it has been committed on a significant scale, or for
the criminal offence provided for in Paragraph one of this
Section, if it has been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
[21 May 2009; 8 July 2011; 13 December 2012; 29 October
2015; 8 June 2017; 3 September 2020; 17 December 2020]
Section 221.1 Disposal of
Illegal Alcoholic Beverages
(1) For a person who commits the disposal of illegally
manufactured (produced) or counterfeit alcoholic beverages or
liquids containing alcohol, which are not alcoholic beverages,
but which are offered as alcoholic beverages (illegal alcoholic
beverages),
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed on a
large scale or if they have been committed by a group of persons
according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if serious consequences have been
caused thereby or they have been committed on a large scale, or
if they have been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
[21 June 2007; 8 July 2011; 13 December 2012; 3 September
2020; 17 December 2020]
Section 221.2 Manufacture
(Production), Storage and Movement of Illegal Alcoholic
Beverages
(1) For a person who commits manufacture (production), storage
and movement of illegal alcoholic beverages, if it has been
committed on a significant scale,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the manufacture (production),
storage or movement of illegal alcoholic beverages, if it has
been committed on a large scale or if it has been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
[21 June 2007; 19 November 2009; 13 December 2012; 29
October 2015; 3 September 2020; 17 December 2020]
Section 221.3 Acquisition
of Illegal Alcoholic Beverages
[13 December 2012]
Section 221.4 Release of
a Person from Criminal Liability Regarding the Storage and
Movement of Illegal Alcoholic Beverages
A person who has voluntarily transferred illegal alcoholic
beverages and has voluntarily informed regarding the manufacture
(production), storage, movement or disposal of such illegal
alcoholic beverages shall be released from criminal liability for
the storage or movement thereof.
[21 June 2007; 13 December 2012]
Section 221.5 Giving of
Premises for the Manufacture (Production), Storage and Disposal
of Illegal Alcoholic Beverages
[13 December 2012]
Section 221.6 Illegal
Disposal of Tobacco Products on a Small Scale
For a person who commits the disposal, on a small scale, of
illegally manufactured (produced) tobacco products or such
tobacco products which have not been labelled with excise duty
stamps of the Republic of Latvia, except for the cases specified
in laws and regulations, or of such smokeless tobacco products
whose placing on the market is prohibited, if it has been
committed for the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[3 September 2020; 16 July 2021 / Amendment
regarding the replacement of the words "or community service"
with the words "or probationary supervision, or community
service" shall come into force on 1 January 2022. See Paragraph
26 of Transitional Provisions]
Section 222. Violation of Veterinary
Provisions
(1) For a person who commits intentional violation of
veterinary provisions, if the spread of epizootic disease or
other serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or community service, or fine.
[13 December 2012; 25 September 2014; 17 December
2020]
Section 223. Violation of Provisions
Regarding Prevention of Crop Disease and Infestation
(1) For a person who commits violation of provisions regarding
prevention of crop disease or infestation, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or community service, or fine.
[13 December 2012; 25 September 2014; 17 December
2020]
Chapter XX
Criminal Offences against General Safety and Public Order
Section 224. Gangsterism
(1) For a person who commits joining with more than two
persons in an organised armed group (gang) for the committing of
crime,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
(2) For a person who commits participation in or leadership of
crimes committed by a gang,
the applicable punishment is the deprivation of liberty for a
period of three and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[8 July 2011; 13 December 2012 / See Paragraph 11 of the
Transitional Provisions]
Section 225. Mass Riot
For a person who commits organising of such mass riot which
entails demolition, destruction, burning, destruction of
property, or violence against individuals, or resistance to
representatives of public authority, or who takes active
participation therein,
the applicable punishment is the deprivation of liberty for a
period of three and up to twelve years, with probationary
supervision for a period of up to three years.
[21 October 2010; 8 July 2011 / See Paragraph 11 of the
Transitional Provisions]
Section 225.1 Violation
of Restrictions or Prohibitions Specified During an Emergency
Situation and a State of Exception
(1) For a person who commits the violation of the restrictions
or prohibitions specified during an emergency situation if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the violation of the restrictions
or prohibitions specified during a state of exception if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if serious consequences
have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[26 April 2018; 17 December 2020; 7 April 2022]
Section 226. Violation of
Organisational and Procedural Requirements for Public Events
(1) For a person who commits violation of organisational and
procedural requirements for public events if it has been
committed by the organiser of the event or another person, if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[16 December 2004; 13 December 2012; 25 September 2014; 17
December 2020; 7 April 2022]
Section 227. Causing Danger to
Public Safety, Order and the Health of Individuals While
Performing Religious Activities
For a person who commits organisation or leading of such group
as the activities of which, manifested as the preaching of
religious doctrine and performing of religious rituals, are
related to causing of harm to public safety and order, to the
health of persons, or to the interests protected by law of a
person, or who commits participation in such acts,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 228. Desecration of Graves
and Corpses
(1) For a person who commits desecration of graves, funerary
urns or interred or uninterred corpses,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed by a group of persons according to a prior
agreement,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraphs one and two of this Section, if they are related to
stealing of a monument or funerary urn, or other objects placed
on or in a grave or at a funerary urn,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 229. Illegal Acts with
Cultural Objects
(1) For a person who commits illegal storage, movement,
forwarding, alienation of a cultural object, that is, a cultural
monument protected by the Republic of Latvia or another State,
museum holding object or especially protected library collection
document, or commits illegal bringing out of the Republic of
Latvia or bringing in the Republic of Latvia thereof, if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits destruction of, damage to or
desecration of a cultural object,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[7 January 2021; 17 December 2020]
Section 229.1 Illegal
Acts with Antiquities
(1) For a person who commits illegal obtaining, storage,
movement, forwarding, alienation of antiquities protected by the
Republic of Latvia which are not in the museum holding or
antiquities protected by another State, or commits illegal
bringing out of the Republic of Latvia or bringing in the
Republic of Latvia thereof,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits destruction of or damage to
antiquities protected by the Republic of Latvia which are not in
the museum holding or antiquities protected by another State,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[7 January 2021; 17 December 2020]
Section 229.2 Release of
a Person from Criminal Liability for Illegal Obtaining, Storage,
Movement, and Forwarding of Antiquities
A person who has voluntarily turned in an illegally obtained,
stored, moved, or forwarded antiquity protected by the Republic
of Latvia which is not in the museum holding or antiquity
protected by another State shall be released from criminal
liability for the illegal obtaining, storage, movement or
forwarding of an antiquity protected by the Republic of Latvia
which is not in the museum holding or an antiquity protected by
another State.
[7 January 2021]
Section 230. Cruel Treatment of
Animals and Torture of Animals
(1) For a person who commits cruel treatment of animal as
results in its death or mutilation, or commits torture of
animals,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to keep animals of specific or all
species for a period of up to three years.
(2) For the commission of the same acts if they have been
committed in a public place or in the presence of a minor or if
they have been committed by a group of persons according to a
prior agreement, or if substantial harm has been caused thereby,
or for the torture of an animal resulting in death or mutilation
of the animal,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to keep animals of specific or all
species for a period of up to five years.
[21 May 2009; 13 December 2012; 22 June 2017; 17 December
2020; 7 April 2022]
Section 230.1 Violation
of Keeping of Animals Regulations
(1) For a person who commits violations of the regulations
regarding keeping of animals, if it results in causing moderate
bodily injury to the victim,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits violations of the regulations
regarding keeping of animals, if it results in causing serious
bodily injury to the victim, or it has caused death of a
person,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[25 April 2002; 12 February 2004; 13 December 2012; 11 June
2020; 17 December 2020]
Section 231. Hooliganism
(1) For a person who commits a gross disturbance of the public
order, which is manifested in obvious disrespect for the public
or in insolence, ignoring generally accepted standards of
behaviour and disturbing the peace of persons or the work of
institutions, undertakings (companies) or organisations
(hooliganism),
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits hooliganism, if it has been
committed by a group of persons, or if it is related to bodily
injuries to the victim, damage to or destruction of property, or
resistance to representatives of public authority or to a person
who is acting to prevent the violation of public order, or if it
has been committed by using weapons or other objects which can be
used to inflict bodily injuries,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[8 July 2011; 13 December 2012; 15 May 2014; 25 September
2014; 17 December 2020]
Section 231.1 Knowingly
Making a False Report on Placing or Locating of Explosive,
Poisonous, Radioactive or Bacteriological Substances or Materials
or Explosive Devices
(1) For a person who knowingly commits making a false report
on placing of explosive, poisonous, radioactive or
bacteriological substances or materials or explosive devices in
an institution, undertaking or other object, or locating outside
of an institution, undertaking or other object,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if substantial harm
has been caused thereby, or if a person knowingly submits a false
report directed against two or more objects,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if serious consequences have been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or fine.
[25 April 2002; 12 February 2004; 13 December 2012; 10
March 2016; 11 June 2020; 17 December 2020; 14 December
2023]
Section 232. Involvement of Mentally
Ill Persons in Criminal Offences
For a person who commits involvement of a person, knowing him
or her to be suffering from mental disorder, in a criminal
offence,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 233. Unauthorised
Manufacture, Repair, Acquisition, Storage, Carrying,
Transportation, Forwarding and Sale of Firearms, Essential
Components of Firearms, Firearm Ammunition, High-powered
Pneumatic Weapons, Explosives and Explosive Devices, and
Violation of Disposal Regulations
(1) For a person who disposes firearms, essential components
of a firearm, firearm ammunition, high-powered pneumatic weapons,
explosives or explosive devices to a person who does not have a
relevant permit or special permit (licence), if committed by a
person who has a relevant permit or special permit (licence),
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits manufacturing, repair, acquiring,
storing, carrying, transporting, forwarding or disposal of
firearms, essential components of a firearm, firearm ammunition,
high-powered pneumatic weapons, explosives or explosive devices,
without a relevant licence,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for by
Paragraph two of this Section, if they have been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without confiscation of
property and with probationary supervision for a period of up to
three years.
[20 May 2004; 13 December 2007; 8 July 2011; 13 December
2012; 29 October 2015; 17 December 2020]
Section 234. Unauthorised
Manufacture and Utilisation of Gas Pistols (Revolvers) and the
Ammunition thereof
(1) For a person who commits manufacturing of a gas pistol
(revolver) or ammunition loaded with irritating or paralysing
action substances intended for such a pistol (revolver) without
the relevant licence,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits violation of the conditions or
procedures for the utilisation or use of a gas pistol (revolver),
if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits violation of the conditions or
procedures for the utilisation or use of a gas pistol (revolver),
if serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 29 October 2015; 17 December
2020]
Section 235. Release of a Person
from Criminal Liability for Manufacture, Repair, Acquisition,
Carrying and Storage of a Firearm, Essential Components of a
Firearm, Firearm Ammunition, a High-powered Pneumatic Weapon, an
Explosive or an Explosive Device, and Manufacture of a Gas Pistol
(Revolver) and the Ammunition thereof
A person who has voluntarily turned in a firearm, essential
components of a firearm, firearm ammunition, a high-powered
pneumatic weapon, an explosive or an explosive device
manufactured, acquired, carried or stored without the relevant
licence, or a gas pistol (revolver) or the ammunition thereof,
shall be released from criminal liability, if the acts of such a
person do not constitute another criminal offence.
[20 May 2004; 29 October 2015]
Section 236. Unauthorised Storage,
Carrying, Transportation and Forwarding of Firearms, Essential
Components of Firearms, Firearm Ammunition, High-powered
Pneumatic Weapons, Explosives and Explosive Devices, by Violating
Laws and Regulations
(1) For unauthorised storage, carrying, transportation and
forwarding of firearms, essential components of firearms, firearm
ammunition, high-powered pneumatic weapons, explosives and
explosive devices, if as a result of which any of the
abovementioned items has been lost or acquired by another
person,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the same offence, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[20 May 2004; 13 December 2012; 29 October 2015; 17
December 2020]
Section 237. Violation of the
Conditions or Procedures for the Use or Utilisation of Firearms
and High-powered Pneumatic Weapons, and Violation of the
Procedures for Utilisation of Explosives or Explosive Devices
(1) For a person who commits a violation of the conditions or
procedures for the use or utilisation of a firearm or a
high-powered pneumatic weapon or a violation of the procedures
for the utilisation of explosives or explosive devices, if it has
been committed by a person permitted to acquire, store or carry a
firearm or a high-powered pneumatic weapon or who has the right
to utilise explosives or explosive devices, and if substantial
harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if serious consequences have been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 29 October 2015; 17 December
2020]
Section 237.1 Violation
of the Provisions for the Circulation of Goods of Strategic
Significance
(1) For a person who commits the violation of the provisions
for the circulation of goods of strategic significance, if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the violation of the prohibition
of the circulation of equipment, devices or instruments or the
components or software thereof specially created or adapted for
investigatory operational measures or for disturbance
thereof,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment for a
period of up to five years.
[13 December 2012; 12 November 2015; 26 April 2018; 17
December 2020]
Section 238. Violation of the
Provisions Regarding Production Safety and Technical
Requirements
(1) For a person who commits a violation of the provisions
regarding production safety or technical requirements in
construction work or in work related to the use of explosives or
with undertakings (companies) exposed to risk of explosion, if
serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to five
years.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
person responsible for conformity with the provisions regarding
production safety or technical discipline requirements, or for
the acts provided for in Paragraph one of this Section, if they
have resulted in death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with deprivation of the right to
engage in specific employment or the right to take up a specific
office for a period of up to ten years.
[13 December 2012; 25 September 2014; 17 December 2020; 7
January 2021; 17 December 2020]
Section 239. Violation of
Construction Provisions
(1) For a person who commits carrying out of construction
works during a time period when they are suspended, in a Group 3
building or an apartment building, if construction works have
been suspended due to their being carried out without a building
permit or due to commencing construction works prior to
fulfilling the conditions of the building permit,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits violation of construction norms
or provisions regarding buildings, bridges, overpasses or other
construction, if as a result thereof a structure or part thereof
collapses,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to five
years.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if serious consequences
have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to seven
years.
(4) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have resulted in
death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with deprivation of the right to
engage in specific employment or the right to take up a specific
office for a period of up to ten years.
[25 September 2014; 7 January 2021; 17 December
2020]
Section 239.1 Operation
of a Dangerous Structure
(1) For a person who commits a violation of the prohibition of
operation of a dangerous structure, if it has been committed by a
person responsible for the operation of the structure and serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period up to eight years.
[11 June 2020; 6 July 2021 / Amendment to Paragraph
one regarding the replacement of the words "or community service"
with the words "or probationary supervision, or community
service" shall come into force on 1 January 2022. See Paragraph
26 of Transitional Provisions]
Section 240. Violation of Fire
Safety Provisions
(1) [13 December 2012]
(2) For a person who commits an intentional violation of fire
safety provisions, if it has been committed by a person
responsible for conformity with such provisions and substantial
harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits an intentional violation of fire
safety provisions, if they have been committed by a person
responsible for conformity with such provisions and serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to five
years.
(4) For a person who commits an intentional violation of fire
safety provisions, if it has been committed by a person
responsible for conformity with such provisions and if it has
resulted in death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with deprivation of the right to
engage in specific employment or the right to take up a specific
office for a period of up to ten years.
[13 December 2012; 25 September 2014; 17 December
2020]
Section 241. Arbitrary Accessing
Automated Data Processing Systems
(1) For a person who commits arbitrary accessing an automated
data processing system, if it is related to breaching of system
protective means or if it is carried out without the relevant
permission or using the rights granted to another person, and if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed for
the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed by an
organised group or if they have caused serious consequences, or
if they are directed against an automated data processing system
that processes information related to State political, economic,
military, social or other security,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
[25 September 2014; 6 July 2021; 17 December 2020]
Section 242. Unauthorised
Acquisition of Computer Software
[28 April 2005]
Section 243. Interference in the
Operation of Automated Data Processing Systems and Illegal
Actions with the Information Included in Such Systems
(1) For a person who commits unauthorised modifying, damaging,
destroying, impairing or hiding of information stored in an
automated data processing system, or knowingly entering false
information into an automated data processing system, if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who knowingly commits interference in the
operation of an automated data processing system by entering,
transferring, damaging, extinguishing, impairing, changing or
hiding information, if the protective system is damaged or
destroyed thereby and substantial harm is caused,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the criminal offence provided for in Paragraph one or
two of this Section, if it has been committed for the purpose of
acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(4) [13 December 2012]
(5) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have caused serious
consequences, or if they are directed against an automated data
processing system that processes information related to the
political, economic, military, social or other security of the
State, or for the criminal offence provided for in Paragraph one
or two of this Section, if it has been committed by an organised
group,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
[28 April 2005; 13 December 2007; 8 July 2011; 13 December
2012; 25 September 2014; 8 June 2017; 17 December 2020; 27
October 2022]
Section 244. Illegal Operations with
Automated Data Processing System Resource Influencing Devices
(1) For a person who commits the illegal manufacture,
adaptation for utilisation, disposal, distribution, obtaining,
movement, or storage of such tool (device, software, computer
password, access code or similar data), which is intended for the
influencing of resources of an automated data processing system
or with the aid of which access to an automated data processing
system or a part thereof is possible for the purpose of
committing a criminal offence,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed by an organised group or they have caused serious
consequences,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[28 April 2005; 13 December 2012; 25 September 2014; 6 July
2021; 17 December 2020]
Section 244.1
Acquisition, Development, Alterations, Storage and Distribution
of Data, Programs and Equipment for Illegal Activities with
Electronic Communications Network Terminal Equipment
For a person who commits altering of the data necessary for
identification of electronic communications network terminal
equipment in an electronic communications network or acquisition,
storage or distribution of data intended for such purposes, as
well as acquisition, development, storage or distribution of
programs or equipment intended for such purposes without the
consent of the manufacturer or its authorised person, if such
activities have been committed for the purpose of acquiring
property or if it has been committed by a group of persons
according to a prior agreement, or if substantial harm has been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 245. Violation of Safety
Provisions Regarding Information Systems
For a person who commits violation of provisions regarding
information storage and processing which have been drawn up in
accordance with an information system or the protection thereof,
or violation of other safety provisions regarding computerised
information systems, if it has been committed by a person
responsible for conformity with such provisions, if it has been a
cause of stealing, destruction or damage of the information, or
other substantial harm has been caused thereby,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 246. Unauthorised Forwarding
of Highly Inflammable Substances and Objects and of Caustic
Substances
(1) For a person who commits unauthorised forwarding of highly
inflammable substances or objects, or caustic substances, if
serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have resulted
in death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[18 December 2008; 2 February 2017; 11 November
2021]
Section 247. Unauthorised
Transportation of Highly Inflammable Substances and Objects by
Aircraft
(1) For a person who commits unauthorised transportation of
highly inflammable substances and objects by aircraft,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if serious consequences have been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[12 February 2004; 13 December 2012; 25 September 2014; 17
December 2020]
Section 248. Unauthorised
Manufacture, Acquisition, Storage, Disposal and Forwarding of
Poisonous and Powerfully Acting Substances
(1) For a person who commits unauthorised manufacture,
acquisition, storage, or disposal of poisonous or powerfully
acting substances which are not narcotic or psychotropic
substances, or commits violation of provisions regarding
manufacture, storage, dispensation, registration, transportation
or forwarding of such substances, if substantial harm has been
caused thereby,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For a person who commits unauthorised manufacture,
acquisition or disposal of substances specified in Paragraph one
of this Section, if serious consequences have been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(4) For a person who commits unauthorised manufacture,
acquisition or disposal of the substances provided for in
Paragraph one of this Section, if they have resulted in death of
two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without probationary
supervision for a period of up to three years.
[12 February 2004; 13 December 2012; 25 September 2014; 17
December 2020]
Section 248.1
Unauthorised Manufacture, Acquisition, Storage, Transportation
and Forwarding for the Purpose of Disposal of New Psychoactive
Substances and Sale
(1) For a person who commits manufacture, acquisition,
storage, transportation or forwarding for the purpose of disposal
or sale of a new psychoactive substance or article containing it,
the handling of which is prohibited or restricted,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
probationary supervision for a period of up to three years.
(2) For the commission of the same acts, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or probationary supervision, or
community service.
[3 April 2014; 15 May 2014; 25 September 2014; 17 December
2020]
Section 248.2
Unauthorised Manufacture, Acquisition, Storage, Transportation,
Forwarding of New Psychoactive Substances and Unauthorised Use of
New Psychoactive Substances
(1) For a person who commits unauthorised acquisition,
storage, transportation or forwarding of a new psychoactive
substance or article containing it, the handling of which is
prohibited or restricted, without the purpose of disposal
thereof, or unauthorised use of a new psychoactive substance or
article containing it, the handling of which is prohibited or
restricted, if it has been committed by a person who has been
warned about criminal liability for unauthorised acquisition,
storage, transportation, forwarding and use of a new psychoactive
substance or article containing it, the handling of which is
prohibited or restricted,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits unauthorised manufacture of a new
psychoactive substance or article containing it, the handling of
which is prohibited or restricted, without the purpose of
disposal thereof,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[25 September 2014; 17 December 2020]
Section 249. Violation of Provisions
Regarding the Production, Acquisition, Storage, Registration,
Dispensation, Transportation and Forwarding of Narcotic and
Psychotropic Substances
(1) For a person who commits violation of provisions regarding
the production, acquisition, storage, registration, dispensation,
transportation or forwarding of narcotic or psychotropic
substances, if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment for a
period of up to three years.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment for a
period of up to three years.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 250. Unauthorised
Dispensation of Narcotic and Psychotropic Substances
(1) For a person who commits issuing of prescriptions where
not medically necessary, or illegal issue of other documents for
the obtaining of narcotic or psychotropic substances, or who
commits dispensation of narcotic or psychotropic substances
without a prescription or other document or with knowledge that a
prescription or other document is fictitious or issued illegally,
if it has been committed for the purpose of acquiring property or
for other personal interests,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment for a
period of up to five years.
(2) For a person who commits issuing of prescriptions where
not medically necessary, or illegal issue of other documents for
the obtaining of narcotic or psychotropic substances, or who
commits dispensation of narcotic or psychotropic substances
without a prescription or other document or with knowledge that a
prescription or other document is fictitious or issued illegally,
if it has been committed with narcotic or psychotropic substances
on a large scale or has caused serious consequences,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment for a
period of up to five years.
(3) For a person who commits the criminal offence provided for
in Paragraph one or two of this Section, if it has been committed
by an organised group or if it has resulted in death of two or
several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with deprivation of the right to
engage in specific employment for a period of up to five years
and with or without probationary supervision for a period of up
to three years.
[25 April 2002; 13 December 2012; 25 September 2014; 7
January 2021; 17 December 2020]
Section 251. Encouraging to Use
Narcotic, Psychotropic and New Psychoactive Substances
(1) For a person who commits encouraging to use of narcotic or
psychotropic substances, or new psychoactive substances or
articles containing them the handling of which is prohibited or
restricted, or providing premises for using such substances,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed with regard to a minor, a mentally ill person or a
person undergoing treatment for addiction to narcotics, or with
regard to a person financially or otherwise dependent on the
guilty party, or if other substances have been added to narcotic
or psychotropic substances as enhance their effect,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits encouraging to use of narcotic or
psychotropic substances, or new psychoactive substances or
articles containing them the handling of which is prohibited or
restricted, if their use has caused serious consequences,
the applicable punishment is the deprivation of liberty for a
period of two and up to ten years, with or without probationary
supervision for a period of up to three years.
[25 April 2002; 13 December 2012; 15 May 2014; 17 December
2020]
Section 252. Administering of
Narcotic, Psychotropic Substances and New Psychoactive Substances
against a Person's Will
(1) For a person who commits administering of narcotic or
psychotropic substances or new psychoactive substances or
articles containing them the handling of which is prohibited or
restricted, to another person or of adding such substances to the
food or drink of another person against the will of such person
or without his or her knowledge,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service.
(2) For the commission of the same acts, if other substances
have been added to the narcotic or psychotropic substances as
enhance their effect,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with or without probationary
supervision for a period of up to three years.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if such have been committed
against a minor or by using violence, or threats of violence, or
have caused serious consequences,
the applicable punishment is the deprivation of liberty for a
period of three and up to twelve years, with probationary
supervision for a period of up to three years.
[25 April 2002; 13 December 2012; 15 May 2014; 17 December
2020]
Section 253. Unauthorised
Manufacture, Acquisition, Storage, Transportation and Forwarding
of Narcotic and Psychotropic Substances
(1) For a person who commits unauthorised manufacture,
acquisition, storage, transportation or forwarding of narcotic or
psychotropic substances without the purpose of disposal of such
substances,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed by a group of persons according to a prior agreement or
such have been committed regarding large amounts of narcotic or
psychotropic substances,
the applicable punishment is the deprivation of liberty for a
period of three and up to ten years, with or without confiscation
of property and with probationary supervision for a period of up
to three years.
[17 October 2002; 8 July 2011; 13 December 2012; 17
December 2020]
Section 253.1
Unauthorised Manufacture, Acquisition, Storage, Transportation
and Forwarding of Narcotic and Psychotropic Substances for the
Purpose of Disposal and Unauthorised Disposal
(1) For a person who commits unauthorised manufacture,
acquisition, storage, transportation or forwarding of narcotic or
psychotropic substances for the purpose of disposal, or who
commits unlawful disposal of narcotic or psychotropic
substances,
the applicable punishment is the deprivation of liberty for a
period of two and up to eight years, with or without confiscation
of property and with probationary supervision for a period of up
to three years.
(2) For the commission of the same acts, if they have been
committed by a group of persons according to a prior
agreement,
the applicable punishment is the deprivation of liberty for a
period of three and up to ten years, with or without confiscation
of property and with probationary supervision for a period of up
to three years.
(3) For the commission of the same acts, if they have been
committed by an organised group, or they have been committed
regarding large amounts of narcotic or psychotropic substances,
or if they have caused serious consequences, as well as for the
commission of distribution of narcotic or psychotropic substances
to minors, in educational institutions or the territory thereof,
in restaurants, cafeterias, bars, places of public recreation or
holiday events,
the applicable punishment is the deprivation of liberty for a
period of five and up to fifteen years, with or without
confiscation of property and with probationary supervision for a
period of up to three years.
[17 October 2002; 8 July 2011; 13 December 2012; 7 January
2021]
Section 253.2
Unauthorised Acquisition, Storage and Disposal of Narcotic and
Psychotropic Substances in Small Amounts and Unauthorised Use of
Narcotic and Psychotropic Substances
(1) For a person who commits unauthorised acquisition or
storage in small amounts of narcotic or psychotropic substances
without the purpose of disposal thereof, or who commits
unauthorised use of narcotic or psychotropic substances, if it
has been committed by a person who has been warned regarding
criminal liability for unauthorised acquisition, storage and use
of narcotic and psychotropic substances,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits unauthorised manufacture,
acquisition, storage, movement or forwarding of narcotic or
psychotropic substances in small amounts for the purpose of
disposal thereof, or unauthorised sale of narcotic or
psychotropic substances in small amounts,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 254. Release of a Person
from Criminal Liability for Acquisition, Storage, Transportation
and Forwarding of Narcotic and Psychotropic Substances
A person who has voluntarily turned in narcotic, psychotropic,
new psychoactive substances or articles containing them, the
handling of which is prohibited or restricted, or has voluntarily
notified regarding the acquisition, storage, transportation or
forwarding thereof shall be released from criminal liability for
the acquisition, storage, transportation or forwarding of such
substances.
[17 October 2002; 25 September 2014]
Section 255. Manufacture,
Acquisition, Storage, Transportation, Forwarding and Disposal of
Equipment and Substances (Precursors) Intended for Unauthorised
Manufacture of Narcotic and Psychotropic Substances
(1) For a person who commits manufacture, acquisition,
storage, transportation or forwarding of equipment, devices,
objects, materials or substances (precursors which exceed small
amount) intended for the unauthorised manufacture of narcotic or
psychotropic substances,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of the disposal of such equipment,
devices, objects, materials or substances (precursors), or for
the disposal of equipment, devices, objects, materials or
substances (precursors) intended for unauthorised manufacture of
narcotic or psychotropic substances,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have been committed
by an organised group,
the applicable punishment is the deprivation of liberty for a
period of three and up to ten years, with or without confiscation
of property.
[25 April 2002; 21 June 2007; 13 December 2012; 17 December
2020]
Section 256. Unauthorised Sowing and
Growing of Plants Containing Narcotic and Psychotropic
Substances
(1) For a person who commits unauthorised sowing or growing of
plants containing narcotic or psychotropic substances,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits unauthorised sowing or growing of
plants containing narcotic or psychotropic substances over a
large area, if it has been committed by an organised group,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
[25 April 2002; 12 February 2004; 13 December 2012; 7
January 2021; 17 December 2020]
Chapter XXI
Criminal Offences against Traffic Safety
Section 257. Violation of Provisions
Regarding Traffic Safety and Operations of Railway, Water and Air
Transport
(1) For a person who commits violation of provisions regarding
traffic safety and operations of railway, water or air transport,
or who knowingly commits permitting operation of a technically
defective water or air transport vehicle, if it has been
committed by a transport employee, and transport operations are
substantially disrupted thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the same offence, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[12 February 2004; 21 October 2010; 13 December 2012; 17
December 2020]
Section 258. Damaging of Roads,
Railways, Water and Air Transport Vehicles
(1) For a person who commits intentional destruction or damage
of roads, road construction or equipment, railways, water or air
transport vehicles, transport telecommunication networks or
signalling system devices, or electronic or communications
equipment, or other intentional acts resulting in their becoming
unusable for operations as well as where disruption of transport
operations is caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if serious consequences have
been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[21 October 2010; 13 December 2012; 29 October 2015; 17
December 2020]
Section 259. Arbitrary Stopping of a
Train
(1) [13 December 2012]
(2) For a person who commits arbitrary stopping of a train
without cause, by the emergency brake, or by disconnecting air
brake lines, or otherwise, if a disaster, damage to the rolling
stock or other serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the commission of the same acts, if they have resulted
in death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[13 December 2012; 25 September 2014; 17 December
2020]
Section 260. Violation of Traffic
Provisions and Provisions Regarding Vehicle Operation
(1) [11 June 2020]
(11) For a person who commits violation of traffic
provisions or provisions regarding vehicle operation, if it has
been committed by a person operating the vehicle, and as a result
thereof moderate bodily injury has been caused to the victim,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits violation of traffic provisions
or provisions regarding vehicle operation, if it has been
committed by a person operating a vehicle and as a result thereof
serious bodily injury has been caused to the victim or death of a
human being has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with deprivation of the driver's
licence for a period of up to five years.
(3) For a person who commits violation of traffic provisions
or provisions regarding vehicle operation, if it has been
committed by a person operating the vehicle, and as a result
thereof death of two or several human beings has been caused,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years, with deprivation of
the driver's licence for a period of up to seven years.
[27 May 2004; 12 February 2004; 6 October 2005; 21 October
2010; 13 December 2012; 15 May 2014; 29 October 2015; 11 June
2020; 17 December 2020]
Section 261. Concept of a
Vehicle
Vehicles as set out in Sections 175, 176, 260, 262-265, and
284 of this Law shall mean all types of automobiles, tractors and
other self-propelled machines, trams, trolley buses, motorcycles
and other mechanical vehicles which move by their own source of
energy, except for vehicles with internal combustion engines with
displacement of less than 50 cubic centimetres or an electric
motor with a maximum power not exceeding four kilowatts and a
maximum speed not exceeding 45 kilometres per hour.
[13 December 2007; 6 June 2019; 27 October 2022]
Section 262. Operating a Vehicle
while under the Influence of Alcohol or Narcotic, Psychotropic,
Toxic or Other Intoxicating Substances
(1) For a person who commits operating a vehicle if he or she
does not have a driver's licence of the relevant category (the
driver's licence has not been obtained according to specific
procedures or has been taken away) and if the driver is under the
influence of alcohol, narcotic, psychotropic, toxic, or other
intoxicating substances,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the driver's licence for a period of five
years.
(11) For a person who commits operating a vehicle
or commits giving instruction regarding practical operation of a
vehicle if the alcohol concentration detected in the exhaled air
or the blood alcohol concentration detected in a blood test
exceeds 1.5 per mille, or for a person who commits operating a
vehicle or commits giving instruction regarding practical
operation of a vehicle while under the influence of narcotic,
psychotropic, toxic, or other intoxicating substances,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the driver's licence for a period of five
years.
(2) For a person who commits violation of traffic provisions
or provisions regarding vehicle operation, if it has been
committed by a person operating the vehicle while under the
influence of alcohol or narcotic, psychotropic, toxic or other
intoxicating substances, and as a result thereof slight bodily
injury has been caused to the victim,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the driver's licence for a period of five
years.
(3) For a person who commits violation of traffic provisions
or provisions regarding vehicle operation, if it has been
committed by a person operating the vehicle while under the
influence of alcohol, narcotic, psychotropic, toxic or other
intoxicating substances, and as a result thereof moderate bodily
injury has been caused to the victim,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the driver's licence for a period of five years
and up to seven years.
(4) For a person who commits violation of traffic provisions
or provisions regarding vehicle operation, if it has been
committed by a person operating the vehicle while under the
influence of alcohol or narcotic, psychotropic, toxic or other
intoxicating substances, and as a result thereof a serious bodily
injury has been caused to the victim or death of a human being
has been caused,
the applicable punishment is the deprivation of liberty for a
period of three years and up to ten years, with deprivation of
the driver's licence for a period of five years and up to ten
years.
(5) For a person who commits violation of traffic provisions
or provisions regarding vehicle operation, if it has been
committed by a person operating the vehicle while under the
influence of alcohol or narcotic, psychotropic, toxic or other
intoxicating substances, and as a result thereof death of two or
several human beings has been caused,
the applicable punishment is the deprivation of liberty for a
period of three years and up to fifteen years, with deprivation
of the driver's licence for a period of five years and up to ten
years.
[29 October 2015; 22 June 2017; 17 December 2020; 27
October 2022]
Section 262.1 Refusal to
Take a Test for the Influence of Alcohol, Narcotic, Psychotropic,
Toxic and Other Intoxicating Substances and Leaving of the Place
of Road Traffic Accident
(1) For a driver of vehicle who commits refusing to take a
test for the determination of alcohol concentration in the blood
or a test for the influence of narcotic, psychotropic, toxic, or
other intoxicating substances,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the driver's licence for a period of five
years.
(2) For a driver of vehicle who commits refusing to take a
test for the determination of alcohol concentration in the blood
or a test for the influence of narcotic, psychotropic, toxic or
other intoxicating substances or for leaving the place of road
traffic accident after the road traffic accident, violating the
specified procedures, if it has been committed by a driver of
vehicle who has caused the road traffic accident as a result of
which slight, moderate or serious bodily injury has been caused
to the victim or death of a human being has been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the driver's licence for a period of five years
and up to seven years.
[29 October 2015; 11 June 2020; 17 December 2020; 27
October 2022]
Section 263. Permitting the Use of a
Vehicle in a State of Technical Disrepair
For a person who knowingly commits permitting the use of a
vehicle in a state of technical disrepair, or a violation of
other provisions for ensuring of traffic safety regarding use
thereof, if it has been committed by a person responsible for the
technical state or use of the vehicle, if moderate or serious
bodily injury has been caused to the victim or death of a human
being has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment for a
period of up to five years.
[12 February 2004; 13 December 2012; 29 October 2015; 11
June 2020; 17 December 2020]
Section 264. Allowing the Operation
of a Vehicle by a Person under the Influence of Alcohol,
Narcotic, Psychotropic, Toxic and Other Intoxicating
Substances
For a person who, being responsible for the technical state or
the operation of a vehicle, commits allowing a person under the
influence of alcohol, or narcotic, psychotropic, toxic or other
intoxicating substances, to operate the vehicle, if slight,
moderate or serious bodily injury has been caused to the victim
or death of a human being has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment for a
period of up to five years.
[27 May 2004; 13 December 2012; 29 October 2015; 17
December 2020]
Section 265. Illegal Manufacture,
Disposal, Issuing, Forgery, Destruction, Stealing of Registration
Documents, Units, and Registration Number Plates of a Vehicle and
Use of Such Counterfeits
(1) For a person who commits illegal manufacturing, disposal,
issuing, forging, destroying of a registration document, unit, or
registration number plate of a vehicle or use of a counterfeit
registration number plate,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits stealing of registration
documents or registration number plates of a vehicle,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have been committed
by a group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 200; 13 December 2012; 17 December 2020; 27
October 2022]
Section 266. Violation of Traffic
Provisions
(1) For a person who commits violation of provisions for
protecting traffic order or safety, if serious consequences have
been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have resulted
in death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[12 February 2004; 13 December 2012; 25 September 2014; 17
December 2020]
Section 267. Failure to Give Notice
Regarding the Name of a Ship in the Event of Collision of
Ships
For a person, being a captain, who commits failing to inform
another ship as his or her ship has collided with, of the name of
his or her ship and the port of registration thereof, as well as
its place of departure or destination, despite it being possible
to provide such information,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 268. Seizure of an Air or
Water Transport Vehicle
(1) For a person who commits seizing an air or water transport
vehicle, except vehicles of small dimensions, on the ground, in
water or during a flight,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without probationary
supervision for a period of up to three years.
(2) For the commission of the same acts, if they have been
committed by a group of persons according to a prior agreement or
involve violence or threats of violence, or an accident or other
serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of two years and up to twelve years, with or without
probationary supervision for a period of up to three years.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have resulted in
death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of three years and up to fifteen years, with probationary
supervision for a period of up to three years.
[13 December 2012; 25 September 2014 / See Paragraph 16 of
the Transitional Provisions]
Chapter XXII
Criminal Offences against Administrative Order
Section 269. Assault upon a
Representative of Public Authority or Other Public Official
(1) For a person who commits an assault upon a representative
of public authority or other public official, in connection with
lawful official activities of such a person, or commits an
assault upon a person who is participating in preventing or
interrupting a criminal or otherwise unlawful offence,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if as a result of the
assault serious bodily injuries are caused or other serious
consequences caused, or if the assault was committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
probationary supervision for a period of up to three years.
[25 April 2002; 13 December 2007; 8 July 2011; 13 December
2012; 17 December 2020]
Section 270. Resistance to a
Representative of Public Authority or Other Public Official
(1) For a person who commits resisting a representative of
public authority, or other public official, if he or she is
performing official duties imposed on him or her, or commits
resisting a person, if he or she is participating in preventing
or interrupting a criminal or other unlawful offence, or commits
compelling such person to perform manifestly unlawful acts, if
the resistance or compulsion was committed by using violence or
threatening violence,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed by a group of persons,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 271. Defamation and Injuring
Dignity of a Representative of Public Authority or Other Public
Official
[22 January 2004]
Section 272. Provision of False
Information to a State Institution
For a person who knowingly commits provision of false
information to a State institution, including a parliamentary
investigation commission, if it has been committed by a person
who in accordance with the law has a duty to provide information
to a State institution or parliamentary investigation commission,
or commits refusal to give an explanation, opinion or translation
to the parliamentary investigation commission,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 272.1 Compelling
of False Explanations, Opinions or Translations at a
Parliamentary Investigation Commission
(1) For a person who commits bribery or other illegal
influencing for the purpose of achieving that a person shall give
a false explanation, opinion or translation or refuses to give an
explanation, opinion or translation to a parliamentary
investigation commission,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they are related
to violence or threats of violence,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they are related to
torture,
the applicable punishment is the deprivation of liberty for a
period of up to eight years.
[18 December 2003; 19 November 2009; 13 December 2012; 17
December 2020]
Section 273. Arbitrary Appropriation
of the Title and Authority of a Public Official
For a person who commits arbitrary appropriation of the title
and authority of a public official for the purpose of committing
a criminal offence,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 274. Stealing and
Destruction of a Document, Seal or Stamp
(1) For a person who commits stealing, concealment,
intentional destruction of or damage to a document conferring
rights or a release from obligations, a seal or a stamp, or
commits using or disposing the stolen document, seal or
stamp,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts if they have been
committed for the purpose of acquiring property or if they have
caused substantial harm,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December 2020; 7
April 2022]
Section 275. Forgery of a Document,
Seal and Stamp and Use and Disposal of a Forged Document, Seal
and Stamp
(1) For a person who commits forgery of a document conferring
rights or a release from obligations, of a seal or a stamp, as
well as commits using or selling a forged document, seal or
stamp,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts if they have been
committed for the purpose of acquiring property or if they have
been committed by a group of persons according to a prior
agreement, or if they have caused substantial harm,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 6 June 2019; 17
December 2020; 7 April 2022]
Section 275.1 Acquisition
of a Personal Identification Document Using Data of Another
Person
For a person who commits the acquisition of a personal
identification document, using data of another person,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 275.2 Acquisition
and Storage of a Forged Interoperable Certificate
For a person who commits the acquisition and storage of a
forged interoperable vaccination, test or recovery
certificate,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[11 November 2021; 7 April 2022]
Section 275.3 Release of
a Person Who Acquires, Stores, and Uses a Forged Interoperable
Certificate from Criminal Liability
A person who has acquired, stored, or used a forged
interoperable vaccination, test, or recovery certificate may be
released from criminal liability if he or she, after committing
of the criminal offence, voluntarily informs of the occurrence
and actively furthers the disclosure and investigation of the
criminal offence.
[11 November 2021]
Section 276. Illegal Opening and
Destruction of Mail
(1) For a person who commits illegally opening or destroying
mail,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed by an employee of a post office or of a railway, water,
or air transport office,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 277. Unauthorised Activities
with Archival Records
For a person who commits damage to, concealing or illegal
destruction, alienation, storage, movement, forwarding of an
archival record, record with archival value, or substituting
copies of such records, or commits illegal bringing out of the
Republic of Latvia or bringing in the Republic of Latvia thereof
if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 7 January 2021; 17 December 2020; 7
April 2022]
Section 278. Forgery of Postage
Payment Marks
For a person who commits forgery of postage stamps or other
postage payment marks or of international pre-paid return postage
vouchers, or commits using forged or obliterated postage stamps,
other postage payment marks or international pre-paid return
postage vouchers for sending mail, or of selling such for the
same purposes,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 279. Arbitrariness
(1) For a person who commits arbitrary acts, circumventing the
procedures laid down in laws and regulations, if the lawfulness
of such acts is disputed by a State or local government
institution or another person (arbitrariness) and as a result of
such acts substantial harm is caused,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits the criminal offence provided for
in Paragraph one of this Section, if it has been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits arbitrariness, if it is related
to violence or threatened violence or if it has caused losses on
a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 29 October 2015; 17 December
2020]
Section 280. Violation of Provisions
Regarding Employment of Persons
(1) For a person who commits violation of restrictions or
provisions regarding employment of persons provided for in law,
if it has been committed by the employer and if substantial harm
has been caused thereby,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits employment of such person who is
not entitled to remain in the Republic of Latvia, if it has been
committed by the employer and if a minor is employed or if more
than five persons are employed, or if a person is employed in
particularly exploitative working conditions, or if a victim of
human trafficking has knowingly been employed,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[16 June 2011; 13 December 2012; 17 December 2020]
Section 281. Concealing Personal
Identity
(1) For a person who commits concealing personal identity, in
the course of residing in the Republic of Latvia without an
appropriate personal identification document or using the
document of another person or a forged personal identification
document,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits concealing personal identity, if
it has been committed for the purposes of avoiding criminal
liability or administrative liability or of committing a criminal
offence, or for the purpose of helping another person to avoid
criminal liability or administrative liability,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 281.1
Impersonation of another Person
(1) [13 December 2012]
(2) For a person who commits impersonation of another person
in taking Latvian language skills or other knowledge examination
specified in the Citizenship Law in order to create a possibility
for such person to acquire Latvian citizenship according to
naturalisation procedures, if it has been committed for the
purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[21 June 2007; 13 December 2012; 17 December 2020]
Section 282. Evading Conscription
into Mandatory Military Service
[14 December 2006]
Section 282.1 Evading
Mobilisation
(1) For a person, being a person subject to mobilisation for
the performance of civil defence measures, who commits
intentional evading of mobilisation,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed by a reserve soldier, reservist, or national
guardsman,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[17 October 2002; 13 December 2012; 17 December 2020; 27
October 2022]
Section 282.2 Hindering
Mobilisation Activities and Non-fulfilment of Mobilisation
Requests
(1) For an intentional hindering of the fulfilment of an order
by a competent institution during mobilisation, or intentional
hindering of the fulfilment of an order by a local government in
the performance of civil defence measures, or intentional
non-fulfilment of other mobilisation activities or mobilisation
requests,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[17 October 2002; 13 December 2012; 17 December
2020]
Section 282.3 Evading the
Fulfilment of Alternative Service
[14 December 2006]
Section 283. Violation of State
Border Regulatory Regime
[11 December 2003]
Section 284. Illegal Crossing of the
State Border
(1) For the intentional illegal crossing of the external State
border,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(11) For the intentional illegal crossing of the
State border, if such has been committed by a person on whom the
prohibition to exit the Republic of Latvia has been imposed for
the prevention of threats to national security,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one, if they have been committed by a group of persons
or using a vehicle, or violating the specified prohibition to
enter the Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 8 June 2017; 26 April 2018; 17 December
2020; 14 December 2023]
Section 285. Illegal Movement of a
Person Across the State Border
(1) For illegal movement of a person across the State
border,
the applicable punishment is the deprivation of liberty for a
period of up to three years or probationary supervision, or
fine.
(2) For the commission of the same acts, if they have been
committed by a public official, using its official position, or a
group of persons according to a prior agreement, or for illegal
movement of several person across the State border in one
time,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
(3) For the commission of the same acts, if they have been
committed by an organised group or they have resulted in serious
consequences, or also who commits illegal movement of a large
number of persons, that is, more than five persons at one time,
across the State border,
the applicable punishment is the deprivation of liberty for a
period of two years and up to eight years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
(31) For the commission of the same acts, if they
have been committed during enhanced mode of operation of the
border guarding system or during an emergency situation which has
been declared due to threats to inviolability of the State
border, regardless of the place of commitment of the offence in
the territory of Latvia,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
(4) For the commission of the same acts, if they have resulted
in death of two or several human beings,
the applicable punishment is the deprivation of liberty for a
period of three years and up to fifteen years, with probationary
supervision for a period of up to three years.
[25 April 2002; 11 December 2003; 13 December 2007; 8 July
2011; 13 December 2012; 25 September 2014; 10 March 2016; 17
December 2020; 5 October 2023 / See Paragraph
25.2 of Transitional Provisions]
Section 285.1 Ensuring
the Possibility to Residing Illegally in the Republic of
Latvia
(1) For knowingly ensuring persons the possibility to reside
illegally in the Republic of Latvia, if it has been committed by
a group of persons or by a public official using his or her
official position,
the applicable punishment is the deprivation of liberty for a
period of up to three years or probationary supervision, or
fine.
(2) For knowingly ensuring persons the possibility to reside
illegally in the Republic of Latvia, if it has been committed for
the purpose of acquiring property or if such possibility is
ensured for two or several persons,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
(3) For knowingly ensuring persons the possibility to reside
illegally in the Republic of Latvia, if it has been committed by
an organised group or if it has caused serious consequences, or
for ensuring a large number of persons, i.e. more than five
persons in one case, the possibility to reside illegally in the
Republic of Latvia,
the applicable punishment is the deprivation of liberty for a
period of two years and up to eight years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[13 December 2012; 10 March 2016; 17 December 2020; 5
October 2023 / See Paragraph 25.2 of
Transitional Provisions]
Section 285.2 Ensuring,
in Bad Faith, a Possibility to Acquire the Right to Stay in the
Republic of Latvia Legally, other Member State of the European
Union, Member State of the European Economic Area or Swiss
Confederation
(1) For ensuring, in bad faith, a possibility to acquire the
right to stay in the Republic of Latvia legally, other Member
State of the European Union, Member State of the European
Economic Area or Swiss Confederation,
the applicable punishment is the deprivation of liberty for a
period of up to three years or probationary supervision, or
fine.
(2) For ensuring, in bad faith, a possibility to acquire the
right to stay in the Republic of Latvia legally, other Member
State of the European Union, Member State of the European
Economic Area or Swiss Confederation, if it has been committed
for the purpose of acquiring property or if such a possibility is
ensured for two or several persons, or if it has been committed
by a group of persons,
the applicable punishment is the deprivation of liberty for a
period of up to six years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
(3) For ensuring, in bad faith, a possibility to acquire the
right to stay in the Republic of Latvia legally, other Member
State of the European Union, Member State of the European
Economic Area or Swiss Confederation, if it has been committed by
an organised group or if it has caused serious consequences, or
for ensuring, in bad faith, a possibility to acquire the right to
stay in the Republic of Latvia legally, other Member State of the
European Union, Member State of the European Economic Area or
Swiss Confederation for a large number of persons, i.e. more than
five persons in one case,
the applicable punishment is the deprivation of liberty for a
period of two years and up to eight years, with or without
confiscation of property and with or without probationary
supervision for a period of up to three years.
[13 December 2012; 17 December 2020; 5 October 2023 / See
Paragraph 25.2 of Transitional Provisions]
Section 286. Unauthorised Hoisting
of the National Flag of Latvia on a Ship
For hoisting the national flag of Latvia on a ship, without
right thereto,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 287. Unauthorised Use of Red
Cross, Red Crescent and Blue White Shield Marks
For an unauthorised use of Red Cross, Red Crescent, or Blue
White Shield marks, as well as commits unauthorised use of Red
Cross or Red Crescent designations,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[18 December 2003; 13 December 2012; 17 December
2020]
Section 288. Damaging of
Telecommunications Equipment, Radio and Television Transmitters
and Postal Technology Equipment
For an intentional destruction or damage of telecommunications
equipment, radio or television transmitters, or postal technology
equipment, if substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 288.1 Violation
of the Procedures Provided for in the Law and Regulations
Regarding Radio and Television Transmission and Distribution for
the Installation and Use of Equipment
(1) [13 December 2012]
(2) For the violation of the procedures provided for in the
laws and regulations regarding radio and television transmission
or distribution for the installation or use of radio wave
radiating equipment, and also television or sound broadcasting
signal distribution in cable network systems if it has caused
substantial harm,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[31 October 2002; 13 December 2012; 17 December 2020; 7
April 2022]
Section 288.2 Illegal
Financing of Political Organisations (Parties) or Associations of
Political Organisations (Parties)
(1) For the illegal financing of political organisations
(parties) or associations of political organisations
(associations) on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed by a
group of persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[8 September 2011; 13 December 2012; 17 December
2020]
Section 288.3
Intermediation in the Illegal Financing of Political
Organisations (Parties) or Associations of Political
Organisations (Parties)
For the intermediation in the illegal financing of political
organisations (parties) or associations of political
organisations (parties) on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[8 September 2011; 13 December 2012; 17 December
2020]
Section 288.4 Acceptance
and Blackmailing of Illegal Financing of Political Organisations
(Parties) or Associations of Political Organisations
(Parties)
(1) For the acceptance of illegal financing of political
organisations (parties) or associations of political
organisations (parties) on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed by a
group of persons according to a prior agreement or if they are
connected with the requesting of illegal financing of political
organisations (parties) or associations of political
organisations (parties) on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For the blackmailing of illegal financing of political
organisations (parties) or associations of political
organisations (parties)
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[8 September 2011; 13 December 2012; 17 December
2020]
Section 288.5 Exemption
from Criminal Liability of a Person Illegally Financing Political
Organisations (Parties) or Associations of Political
Organisations (Parties)
(1) A person who has illegally financed a political
organisation (party) or association of political organisations
(parties) may be exempted from criminal liability, if the illegal
financing of the political organisation (party) or association of
political organisations (parties) is connected with blackmail, or
if, after the illegal financing of the political organisation
(party) or association of political organisations (parties) this
person has voluntarily notified about the occurrence and actively
furthers the disclosure and investigation of the criminal
offence.
(2) Blackmail shall be understood to be the requesting of
financing for a political organisation (party) or association of
political organisations (parties) which is connected with threats
to harm the lawful interests of the person.
(3) Supporter and intermediary of the illegal financing of
political organisations (parties) or associations of political
organisations (parties) may be exempted from criminal liability
if he or she voluntarily notifies about the occurrence after the
illegal financing of a political organisation (party) and
actively furthers the disclosure and investigation of the
criminal offence.
[8 September 2011; 13 December 2012]
Chapter XXIII
Criminal Offences against Administration of Justice
Section 289. Falsification of
Evidence
(1) For knowingly creating false evidence or knowingly
concealing existing evidence, if it has been committed by a
judge, prosecutor or investigator,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of acquiring property, or in
proceedings concerning serious or especially serious crimes,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[12 February 2004; 21 May 2009; 13 December 2012; 17
December 2020]
Section 290. Subjecting a Person to
Criminal Prosecution Knowing that the Person is not Guilty
(1) For the subjecting of a person to criminal prosecution
while knowing that he or she is not guilty, if it has been
committed by the prosecutor,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of acquiring property, or they are
related to accusation of committing a serious or especially
serious crime or with falsification of evidence,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 291. Rendering of Illegal
Judgments and Decisions
(1) For knowingly rendering an illegal judgment or taking an
illegal decision, if it has been committed by a judge, prosecutor
or investigator,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of acquiring property, or they are
related to accusation of committing a serious or especially
serious crime or with falsification of evidence,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 292. Committing Illegal
Arrest Knowingly
For knowingly committing an illegal arrest, if it has been
committed by a judge,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 293. Committing Illegal
Detention and Forced Conveyance Knowingly
For knowingly committing an illegal detention or forced
conveyance, if it has been committed for the purpose of acquiring
property, or for vengeance or reason of other personal interest,
and if it has been committed by a judge, prosecutor or the
employee of the pre-trial investigating institution,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 21 May 2009; 13 December 2012; 17
December 2020]
Section 294. Compelling of
Testimony
(1) For the compelling of testimony at an interrogation, if
such is related to violence, threats of violence or humiliation
of the person being interrogated or committed in another way, and
it has been committed by an official who performs pre-trial
criminal proceedings,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the compelling of testimony at an interrogation, if
such is related to torture and if it has been committed by an
official who performs pre-trial criminal proceedings,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[21 May 2009; 19 November 2009; 13 December 2012; 17
December 2020]
Section 294.1
Interference in the Pre-trial Criminal Proceedings
(1) For a person who in any way influences an official
performing a pre-trial criminal proceedings with the purpose of
impeding commencement or performance of pre-trial criminal
proceedings, or of attaining the taking of an illegal
decision
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed by a public official,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(3) [13 December 2012]
[25 April 2002; 12 February 2004; 13 December 2007; 21 May
2009; 13 December 2012; 17 December 2020]
Section 295. Interference in a Trial
of a Matter
(1) For a person who in any way influences a judge with a
purpose of impeding a legal trial of a matter or of attaining
adoption or proclamation of an illegal judgment or decision,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed by a public official,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(3) [13 December 2012]
[25 April 2002; 12 February 2004; 13 December 2007; 21 May
2009; 13 December 2012; 11 June 2020; 17 December 2020]
Section 296. Failure to Execute a
Court Ruling and Prosecutor's Penal Order
(1) For a person who fails to execute a court ruling or
prosecutor's penal order or delays the execution thereof, if it
has been committed by a person who had to do it in accordance
with the Law or an imposed task,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the same activities, if they have been performed by a
public official who had an obligation to execute a court ruling
or a prosecutor's penal order,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 29 October 2015; 17 December
2020]
Section 297. False Impersonation of
an Accused, Victim, or Witness
For a person who falsely impersonates an accused, a victim, or
a witness, at a pre-trial criminal proceedings or in court
proceedings,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 298. Knowingly Providing
False Information
(1) For a person who knowingly provides false information for
the purpose of causing commencement of criminal proceedings
against a person
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they are related
to charges regarding committing a serious or especially serious
crime or creating false evidence regarding such charges, or if
they have been committed for the purpose of acquiring
property,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 21 May 2009; 13 December 2012; 17
December 2020]
Section 299. Knowingly Submitting a
False Report
For a person who knowingly submits a false report, declaration
or submission to a notary or a bailiff, if submission of a
report, declaration or submission is laid down in the law,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[17 October 2002; 12 February 2004; 13 December 2012; 17
December 2020]
Section 300. Knowingly Giving a
False Testimony, Opinion, Translation, Explanation and
Application
(1) For a person who knowingly gives a false testimony,
opinion, translation, explanation or application during
administrative offence proceedings in an institution, during
pre-trial criminal proceedings, in court, to a notary or bailiff,
if it has been committed by a person who has been warned about
criminal liability for knowingly giving a false testimony,
opinion, translation, explanation or application,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed during performance of pre-trial criminal proceedings or
trial in court of matters concerning serious or especially
serious crimes, or serious consequences result therefrom, or they
have been committed for the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[17 October 2002; 27 May 2004; 12 February 2004; 21 May
2009; 21 October 2010; 13 December 2012; 15 May 2014; 6 June
2019; 17 December 2020]
Section 300.1 Submission
of False Material or Written Evidence
For the submission of false material or written evidence to an
investigating institution, Office of the Prosecutor or to a
court,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[25 September 2014; 17 December 2020]
Section 301. Compelling the Giving
of False Testimony, Explanations, Opinions and Translations
(1) For a person who commits bribing, or otherwise illegally
influences a witness, victim, person against whom the criminal
proceedings have been commenced, detained, suspect, accused,
applicant, expert or translator, for the purpose of compelling
him or her to give false testimony or to certify on oath a false
explanation to a court in an administrative matter, or a false
opinion, or to provide a false translation, or to refrain from
giving testimony or an opinion, or providing a translation,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they are related
to violence or threats of violence,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they are related to
torture,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[27 May 2004; 12 February 2004; 21 May 2009; 19 November
2009; 13 December 2012; 17 December 2020]
Section 302. Refusal to Give
Testimony or Opinions, or Provide Translations
(1) For a person who, being a witness, a victim or another
person who has been warned against refusal to give testimony,
commits unfounded refusal to give testimony in administrative
offence proceedings in an institution, in a pre-trial
investigating institution, the Office of the Prosecutor or at a
trial,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who, being an expert or translator, commits
unfounded refusal to perform the tasks assigned to him or her in
administrative offence proceedings in an institution, in a
pre-trial investigating institution, the Office of the Prosecutor
or at a trial,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[21 May 2009; 21 October 2010; 13 December 2012; 11 June
2020; 17 December 2020]
Section 303. Persons Not Liable for
Refusal to Testify
The betrothed, spouse, parents, children, brothers and
sisters, grandparents and grandchildren of a person to be held
administratively liable, a person against whom criminal
proceedings have been commenced, a detained person, a suspect, an
accused person or a defendant, and also the person with whom the
natural person who has committed the administrative offence or
criminal offence is living together and with whom he or she has a
joint (single) household, shall not be held liable for refusal to
testify.
[11 June 2020]
Section 304. Disclosure of
Information Obtained from Pre-trial Criminal Proceedings
For a person who discloses the data obtained from a pre-trial
criminal proceedings without authorisation from an investigator
or prosecutor until the termination of the proceedings, where he
or she has been warned as to non-disclosure of relevant
information,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 305. Violation of Provisions
Regarding Special Protection of Persons
(1) For a person who fails to comply with the procedures
regarding special protection of persons set out by law, or who
discloses identification data or the location of a person under
protection, if it has been committed by a person who has
knowledge, in connection with fulfilment of his or her official
duties or other circumstances, of the information about the
person under special protection and who has been warned as to
non-disclosure of such information
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For a person who commits intentional disclosure of the
organisation, methods, tactics, means of special protection
measures or information regarding the persons involved in the
performance of protection measures, which has been committed by
the protected person, if it has resulted in death of a human
being or other serious consequences have been caused,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(4) For a person who commits the acts provided for in
Paragraph one or two of this Section, if it has resulted in death
of a human being or other serious consequences have been
caused,
the applicable punishment is the deprivation of liberty for a
period of up to seven years.
[5 May 2005; 13 December 2012; 17 December 2020]
Section 306. Withholding of
Evidence
For a person who intentionally withholds objects, documents or
other materials which may be significant as evidence in a
criminal case, where a pre-trial investigating institution,
Office of the Prosecutor or court requests such from the person,
who is not a detained, a person against whom the criminal
proceedings have been commenced, a suspect, an accused,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 307. Illegal Activities with
the Materials of a Criminal Case
For the stealing, intentional destruction of, damage to or
falsification of the materials relating to a criminal case,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 307.1 Violation
of the Prohibition to Reproduce the Materials of the Criminal
Case and to Distribute their Content
For the violation of the prohibition to reproduce the
materials of the criminal case in any form or of the prohibition
to transfer to third persons or otherwise disseminate the
information contained in the materials of criminal case that is
not subject to publishing, if it has been committed by a person
who has been warned regarding criminal liability for violating
the abovementioned prohibitions,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[11 October 2018; 17 December 2020]
Section 308. Illegal Actions
Involving Pledged, Attached and Removed Property
(1) For the squandering, damaging, alienation, concealment or
destruction of a pledged, or attached property, or a property
removed within the administrative offence proceedings, as well as
substitution thereof,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they have been
committed by a person entrusted with such property,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 8 June 2017; 11 June
2020; 17 December 2020]
Section 309. Illegal Transfer of
Substances and Objects to Persons who are Confined in Places of
Short-term Detention and Prisons, and Illegal Receiving of
Substances and Objects from Such Persons
(1) For the unauthorised transfer of correspondence, money,
food products or other objects or substances to persons who are
confined in places of short-term detention or prisons or receipt
thereof from such person, if it has been committed by an employee
of such institutions,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(2) For the transfer of narcotic or psychotropic substances,
explosive substances, weapons or ammunition to, or receiving of
such from persons who are confined in places of short-term
detention or prisons
the applicable punishment is the deprivation of liberty for a
period of up to six years, with or without probationary
supervision of up to three years.
(3) For a person who commits the acts provided for in
Paragraph two of this Section, if they have been committed by an
employee of a place of short-term detention or prison,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with deprivation of the right to
take up a specific office for a period of up to five years and
with or without probationary supervision for a period of up to
three years.
[13 December 2012; 17 December 2020]
Section 310. Escape from a Place of
Short-term Detention and Prison
(1) For a person who escapes from a place of short-term
detention or prison
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they are related
to violence, or threats of violence against the prison guards or
other official of a place of short-term detention or prison, or
if they have been committed by a group of persons,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without probationary supervision for a period of up to three
years.
[21 May 2009; 13 December 2012; 17 December 2020]
Section 311. Assault at a Prison
For a person who has formed an organised group of such
persons, as are present at the prison, or participates in such
group with the purpose of committing an assault or other violence
against the official of the prison, convicted or any other person
present at a prison, or who commits such assault or violence
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with probationary supervision for a
period of up to three years.
[13 December 2007; 21 May 2009; 8 July 2011; 13 December
2012 / See Paragraph 11 of the Transitional
Provisions]
Section 312. Evading the Execution
of a Court Ruling
(1) For a person who evades the execution of such court ruling
by which an obligation has been imposed to carry out certain
acts, except for the ruling on the recovery of money or return of
property, after the procedural sanctions or a punishment has been
applied for the failure to execute the ruling,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who evades serving a punishment of
deprivation of liberty or restriction of rights
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[6 June 2019; 17 December 2020]
Section 313. Concealing without a
Prior Promise
(1) For a person who conceals, without a prior promise, a
criminal, instrumentalities or means for committing a crime,
trail of a crime, if the concealed crime is an especially serious
crime,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if the concealed
crime is an especially serious crime,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 6 June 2019; 17
December 2020]
Section 314. Acquisition, Storage
and Disposal of Property Obtained by a Way of Crime
(1) For a person who acquires, stores and disposes the
property the value of which does not exceed significant scale by
being aware that it is obtained by way of crime
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) [22 June 2017]
(3) [22 June 2017]
[25 April 2002; 12 February 2004; 13 December 2007; 8 July
2011; 13 December 2012; 22 June 2017; 17 December 2020]
Section 315. Failing to Inform about
Crimes
For a person who fails to inform, where it is known, that a
serious or especially serious crime is being prepared or has been
committed,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 12 November 2015; 17 December
2020]
Chapter XXIV
Criminal Offences Committed in State Authority Service
Section 316. Concept of a Public
Official
(1) Representatives of State authority, as well as every
person who permanently or temporarily performs his or her duties
in the State or local government service, including in a State or
local government capital company, and who has the right to make
decisions binding upon other persons, or who has the right to
perform any functions regarding supervision, control,
investigation, or punishment or to deal with the property or
financial resources of a public person or its capital company,
shall be considered to be public officials.
(2) The President, members of the Saeima, the Prime
Minister and members of the Cabinet as well as officials of State
institutions who are elected, appointed or confirmed by the
Saeima or the Cabinet, heads of local government, their
deputies and executive directors shall be considered to be public
officials holding a responsible position.
(3) Officials or agents of international organisations,
international parliamentary assemblies and international courts,
as well as any person holding a legislative, administrative or
judicial office of a foreign state or of any its administrative
unit, whether such appointed or elected, as well as any person
exercising a public function for a foreign state, including for
any of its administrative units or public agency or public
enterprise shall also be considered a public official.
(4) Within the meaning of this Section a foreign state is any
territory outside the Republic of Latvia.
[25 April 2002; 11 December 2003; 13 December 2012; 15 May
2014; 10 March 2016]
Section 317. Exceeding Official
Authority
(1) For a person who, being a public official, commits
intentional acts which manifestly exceed the limits of rights and
authority granted to the public official by law or according to
his or her assigned duties, if substantial harm has been caused
by such acts,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they are related to violence or
threatened violence or if they have been committed for the
purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they are related to torture or
if they have resulted in serious consequences,
the applicable punishment is the deprivation of liberty for a
period of up to ten years, with deprivation of the right to take
up a specific office for a period of up to five years.
[12 February 2004; 19 November 2009; 13 December 2012; 6
June 2019; 6 July 2021; 17 December 2020]
Section 318. Using Official Position
in Bad Faith
(1) For a person who, being a public official, commits
intentional acts using his or her official position in bad faith,
if substantial harm has been caused by such acts,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed for
the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(3) For a person who, being a public official, commits
intentional acts using his or her official position in bad faith,
if such acts have caused serious consequences,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(4) For a person who, being a public official, commits
intentional acts using his or her official position in bad faith,
if such acts have resulted in death of two or several human
beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with deprivation of the right to
take up a specific office for a period of up to five years.
[12 February 2004; 13 December 2012; 25 September 2014; 6
June 2019; 6 July 2021; 17 December 2020]
Section 319. Failure to Act by a
Public Official
(1) For a person who, being a public official, commits failing
to fulfil the duties of a public official, that is, if a public
official intentionally or through negligence fails to perform
acts which, according to law or his or her assigned task, he or
she must perform and if substantial harm has been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed for
the purpose of acquiring property,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(3) For a person who, being a public official, commits failing
to perform his or her duties, if serious consequences have been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
(4) For a person who, being a public official, commits failing
to perform his or her duties, if it has resulted in death of two
or several human beings,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with deprivation of the right to
take up a specific office for a period of up to five years.
[12 February 2004; 13 December 2012; 25 September 2014; 29
October 2015; 6 June 2019; 6 July 2021; 17 December 2020]
Section 320. Accepting Bribes
(1) For requesting, accepting, extorting a bribe, that is,
material values, properties or benefits of other nature,
committed by a public official personally or through an
intermediary for an already performed lawful or illegal act or
permitted failure to act by using his or her official position,
irrespective of whether the requested, extorted, accepted or
offered bribe was meant for this public official or any other
person,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to two
years.
(2) For accepting a bribe or the offer of a bribe, or for
requesting and extorting a bribe, committed by a public official
personally or through an intermediary before the commission or
omission of a lawful or illegal act by using his or her official
position, irrespective of whether the requested, extorted,
accepted or offered bribe was meant for this public official or
any other person,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with deprivation of the right to engage in specific
employment or to take up a specific office for a period of up to
five years.
(3) For a person who commits the acts provided for in
Paragraph one or two of this Section, if they have been committed
on a large scale or if they have been committed by a group of
persons according to a prior agreement, or if a bribe has been
accepted following the request thereof,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property and with deprivation of the right to
engage in specific employment or to take up a specific office for
a period of up to five years.
(4) For a person who commits the acts provided for in
Paragraphs one or two of this Section, if they have been
committed by an organised group or a public official holding a
responsible position, or if a bribe has been accepted following
its extortion,
the applicable punishment is the deprivation of liberty for a
period of three years and up to eleven years, with or without
confiscation of property and with deprivation of the right to
engage in specific employment or to take up a specific office for
a period of up to five years and with probationary supervision
for a period of up to three years.
[19 November 2009; 8 July 2011; 13 December 2012; 8 June
2017; 17 December 2020]
Section 321. Misappropriation of a
Bribe
(1) For a person who commits misappropriation of a bribe which
a person has received in order to provide to a public official,
or which he or she has accepted, pretending to be a public
official,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(2) For a person who commits misappropriation of a bribe which
a public official has received in order to provide it to another
public official, or which he or she has accepted claiming to be
another public official,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(3) For the criminal offence provided for in Paragraphs one or
two of this Section, if it has been committed by a group of
persons according to a prior agreement or if it has been
committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property.
(4) For the criminal offence provided for in Paragraphs one or
two of this Section, if it has been committed by an organised
group, or for the criminal offence provided for in Paragraph two
of this Section, if it has been committed by a public official
holding a responsible position,
the applicable punishment is the deprivation of liberty for a
period of up to seven years, with or without confiscation of
property and with or without probationary supervision for a
period of up to three years.
[12 February 2004; 13 December 2012; 8 June 2017; 17
December 2020]
Section 322. Intermediation in
Bribery
[7 April 2022]
Section 323. Giving of Bribes
(1) For a person who commits giving or offering of bribes,
that is, material values, properties or benefits of other nature,
or promising the bribe if requested, in person or through
intermediaries to a public official in order that he or she,
using his or her official position, would perform or fail to
perform some act, irrespective of whether the bribe given,
offered or promised is for this public official or for any other
person,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed on a large scale or if they have been committed by a
public official, or if they have been committed by a group of
persons according to a prior agreement,
the applicable punishment is the deprivation of liberty for a
period of up to eight years, with or without confiscation of
property and with deprivation of the right to engage in specific
employment or to take up a specific office for a period of up to
five years.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they have been committed by an
organised group,
the applicable punishment is the deprivation of liberty for a
period of two years and up to ten years, with or without
confiscation of property, with deprivation of the right to engage
in specific employment or to take up a specific office for a
period of up to five years and with probationary supervision for
a period of up to three years.
[19 November 2009; 8 July 2011; 13 December 2012; 10 March
2016; 6 June 2019; 17 December 2020]
Section 324. Release of a Giver of a
Bribe and Intermediary from Criminal Liability
(1) A person who has given a bribe may be released from
criminal liability if this bribe is extorted from this person or
if, after the bribe has been given, he or she voluntarily informs
of the occurrence and actively furthers the disclosure and
investigation of the criminal offence. A person who has promised
or given a bribe may be released from criminal liability if he or
she voluntarily informs of the occurrence and actively furthers
the disclosure and investigation of the criminal offence.
(2) Extortion of a bribe shall be understood to be the
demanding of a bribe in order that legal acts be performed, as
well as the demanding of a bribe related to threats to harm
lawful interests of a person.
(3) An intermediary or abettor of a bribe may be released from
criminal liability if, after commission of the criminal acts, he
or she voluntarily informs of the occurrence and actively
furthers the disclosure and investigation of the criminal
offence.
[25 April 2002; 13 December 2012; 10 March 2016]
Section 325. Violation of
Restrictions Imposed on a Public Official
(1) For a person who commits the violation of the restrictions
or prohibitions imposed on a public official in the law if
substantial harm has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits the criminal offence provided for
by Paragraph one of this Section, if it has been committed by a
public official who holds a responsible position,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property and with deprivation of the
right to engage in specific employment or to take up a specific
office for a period of up to five years.
[17 October 2002; 12 February 2004; 19 November 2009; 13
December 2012; 17 December 2020; 7 April 2022]
Section 326. Unlawful Participation
in Property Transactions
(1) For a person who commits facilitating property
transactions or participating in such transactions, if they have
been committed for the purpose of acquiring property or due to
other personal interest by a public official who, in connection
with his or her official position, is prohibited from such
transactions by law,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed by a public official who holds a responsible
position,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
or without confiscation of property and with deprivation of the
right to engage in specific employment or to take up a specific
office for a period of up to five years.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 326.1 Trading
with Influence
(1) For a person who commits, in person or through an
intermediary, offering or giving of material values, properties
or benefits of other nature to any person in order that he or
she, using his or her official position, professional or social
position, would unlawfully influence the activities of a public
official, or encourage another person to unlawfully influence the
activities of a public official, irrespective of whether the
material values, properties or benefits of other nature are
intended for this person or any other person, if the elements of
the crime provided for in Section 323 are not present,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits accepting an offer of material
values, properties or benefits of other nature for himself or
herself or any other person or requesting of material values,
properties or benefits of other nature for himself or herself, or
any other person, in order that he or she, using his or her
official position, professional or social position, would
unlawfully influence the activities of a public official, or
encourage any other person to influence the activities or taking
of decisions of a public official, if the elements of the crime
provided for in Sections 198 and 320 of this Law are not
present,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to five
years.
[19 November 2009; 13 December 2012; 6 June 2019; 17
December 2020]
Section 326.2 Unlawful
Requesting and Receiving of Benefits
(1) For a person who commits unlawful receiving of material
values, properties or benefits of other nature, their offers, if
committed by an employee of a State or local government
institution, who is not a public official, or a similar person
who is authorised by the State institution, himself or herself or
through an intermediary, for performing or failing to perform
some act, using his or her authority, irrespective of whether the
material values, properties or benefits of other nature received
are intended for this person or any other person,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed on a large scale or if they have been committed by a
group of persons according to prior agreement, or if they are
related to requesting or extortion of material values, properties
or benefits of other nature,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to engage in specific employment or the
right to take up a specific office for a period of up to five
years.
[19 November 2009; 13 December 2012; 6 June 2019; 17
December 2020]
Section 326.3 Unlawful
Giving of Benefits
(1) For a person who commits offering or giving of material
values, properties or benefits of other nature to an employee of
a State or local government institution, who is not a public
official, or a similar person who is authorised by the State
institution, himself or herself or through an intermediary, for
performing some unlawful act, using his or her authority,
irrespective of whether the material values, properties or
benefits of other nature are intended for this or any other
person,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed on a large scale,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 6 June 2019; 11 November 2021; 17
December 2020]
Section 326.4 Release of
a Giver of Benefits from Criminal Liability
A person who has unlawfully given a benefit may be released
from criminal liability, if the benefit has been demanded or
extorted from the person or if he or she voluntarily notifies
regarding commission of criminal acts after committing them and
actively furthers the disclosure and investigation of the
criminal offence. A person who has offered the benefit may be
released from criminal liability, if he or she voluntarily
notifies regarding the act and actively furthers the disclosure
and investigation of the criminal offence.
[13 December 2012]
Section 327. Forging Official
Documents
(1) For a person who commits forging a document, or issuing or
using of a forged document knowing the document is forged, if it
has been committed by a public official,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if they have been
committed for the purpose of acquiring property or if they have
been committed by a group of persons according to a prior
agreement,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine, with
deprivation of the right to take up a specific office for a
period of up to five years.
[15 May 2014; 17 December 2020]
Section 328. False Official
Information
For a person who knowingly commits providing false information
to an institution or a public official who has the right to
request such information, or commits concealing or knowingly
failing to inform of a document or information, if it has been
committed by a public official whose responsibilities include the
providing of such information, and substantial harm has been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[12 February 2004; 13 December 2012; 17 December
2020]
Section 329. Disclosure of
Non-disclosable Information
For a person who commits disclosure of non-disclosable
information which is not confidential, secret, or top secret
information, if it has been committed by a public official who
has been warned regarding non-disclosure of the information or
who, in accordance with the law, is liable for the storage of
information,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[26 May 2005; 13 December 2012; 10 March 2016; 17 December
2020; 20 April 2023]
Section 330. Disclosure of
Confidential Information after Leaving Office
For a person who commits disclosure of confidential
information which is not confidential, secret, or top secret
information, if it has been committed by a public official after
his or her resignation, within a time limit specified in a
warning to him or her concerning non-disclosure of
information,
the applicable punishment is the probationary supervision or
community service, or fine.
[13 December 2012; 17 December 2020; 20 April 2023]
Chapter XXV
Criminal Offences Committed in Military Service
Section 331. Concept of a Criminal
Offence and Persons to whom it Applies in the Military
Service
The criminal offences in violation of the prescribed
procedures regarding performance of military service, as provided
for by this Law, which are committed by soldiers, and persons
regarding whom special provisions set out in laws apply, shall be
regarded as criminal offences committed during military
service.
[17 October 2002]
Section 332. Being Absent Without
Leave
For a person who commits being absent without leave, that is,
leaving a National Armed Forces unit or place of service, as well
as failing without valid reason to appear in a place of service
within a specified time, if the being absent without leave
continues for more than twenty-four hours, but not longer than
seventy-two hours, and if it has been committed during a war or
state of exception, in battle conditions, or during proclaimed
emergency situations in the case of public disorders, terrorism
or armed conflict,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[14 December 2006; 13 December 2012; 17 December
2020]
Section 333. Desertion
For a person who commits desertion, that is, leaving of a
place of service, or commits failing to appear, for the purpose
of evading active service, if it has been committed during a war
or state of exception, in battle conditions, or during proclaimed
emergency situations in the case of public disorders, terrorism
or armed conflict,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[14 December 2006; 13 December 2012; 17 December
2020]
Section 334. Evading Active
Service
(1) For a person who commits evading performing the duties of
active service by inflicting bodily injury upon oneself
(self-mutilation) or simulating illness, falsifying documents or
other deception, or commits refusing to perform official
duties,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits the same acts, if they have been
committed during war or in battle conditions,
the applicable punishment is the deprivation of liberty for a
period of up to four years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[14 December 2006; 13 December 2012; 17 December
2020]
Section 335. Insubordination
(1) For a person who commits insubordination, that is, overt
refusal to carry out an order of a superior, as well as other
intentional failure to carry out an order, if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits insubordination, as well as other
intentional failure to carry out an order, if it has been
committed by a group of persons or if serious consequences have
been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(3) For a person who commits insubordination, as well as other
intentional failure to carry out an order during war or in battle
conditions,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 336. Failure to Carry Out an
Order
For a person who commits failing to carry out an order of a
superior through negligence, if serious consequences have been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 337. Resisting a Superior
and Forcing him or her to Act Outside of his or her Official
Duties of Service
(1) For a person who commits resisting a superior, as well as
other person in connection with performing the duties of military
service imposed on him or her, or commits forcing him or her to
act outside of his or her official duties, if it has been
committed using violence or if serious consequences have been
caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) [13 December 2012]
[13 December 2012; 17 December 2020]
Section 338. Violence against a
Subordinate
(1) For a person who commits violence against a subordinate,
if as a result thereof physical suffering is inflicted on the
subordinate,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits infliction of intentional slight
bodily injury on a subordinate,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For a person who commits infliction of intentional
moderate bodily injury on a subordinate, or commits other acts,
which are in the nature of torture,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(4) For a person who commits intentional infliction of serious
bodily injury on a subordinate,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years.
[13 December 2012; 17 December 2020]
Section 339. Defamation of a
Soldier
[13 December 2012]
Section 340. Battering and Torture
of a Soldier
(1) For a person who commits intentional hitting or battering,
or commits other intentional acts of violence, where commission
is by a soldier as against another soldier and at least one of
them is performing duties of military service,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For the commission of the same acts, if they are related
to the infliction of intentional slight bodily injury,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(3) For a person who commits the acts provided for in
Paragraph one of this Section, if they are related to the
infliction of intentional moderate bodily injury or if they are
in the nature of torture,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(4) For a person who commits the acts provided for by
Paragraph one of this Section, if they are related to the
infliction of intentional serious bodily injury,
the applicable punishment is the deprivation of liberty for a
period of three years and up to twelve years.
[17 October 2002; 13 December 2012; 17 December
2020]
Section 341. Abuse of Power and
Exceeding Official Authority
(1) For a person who commits using power or an official
position in bad faith or of exceeding official authority, where
committed by a superior, if it has been committed for the purpose
of acquiring property or if substantial harm is caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits using power or an official
position in bad faith or of exceeding official authority, where
committed by a superior, if serious consequences have been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to seven years.
[13 December 2012; 17 December 2020]
Section 342. Neglect of Official
Duties
(1) For a person who commits failing to perform official
duties, or commits neglectfully performing such, if as a result
thereof substantial harm is caused,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For a person who commits failing to perform official
duties, or commits neglectfully performing such, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 343. Squandering and Loss of
Official Property
(1) [13 December 2012]
(2) For a person who commits selling weapons, ammunition,
vehicles or military service equipment provided for official use,
or commits losing such articles while violating provisions
regarding their storage provisions,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[17 October 2002; 13 December 2012; 17 December
2020]
Section 344. Intentional Destruction
and Damage of Military Service Property
(1) For a person who commits intentional destruction or damage
of weapons, ammunition, transport vehicles or military service
equipment,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
(2) For the commission of the same acts, if substantial harm
has been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 345. Destruction of and
Damage to Military Service Property through Negligence
For a person who commits destruction or damage of weapons,
ammunition, transport vehicles and military service equipment
through negligence, if substantial harm has been caused
thereby,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[13 December 2012; 17 December 2020]
Section 346. Violation of Provisions
Regarding Storage, Use, Accounting for and Transportation of
Weapons, Ammunition, Explosive Substances, Radioactive and Other
Dangerous Substances
(1) For a person who commits violation of provisions regarding
storage, use, accounting for and transportation of weapons,
ammunition, explosive substances, radioactive substances or other
dangerous substances, goods or materials, if substantial harm has
been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to two years or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
(2) For a person who commits the same offence, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 347. Violation of Provisions
Regarding the Operation and Use of Combat Vehicles
For a person who commits violation of provisions regarding
operation or use of combat vehicles, if death of a person or
other serious consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to seven years.
[13 December 2012]
Section 348. Violation of Provisions
Regarding Operation of Ships
For a person who commits violation of provisions regarding
operation of ships, if a shipwreck or other serious consequence
are caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[13 December 2012]
Section 349. Violation of Provisions
Regarding Flights and their Preparation
For a person who commits violation of provisions regarding
flights or their preparation, if a catastrophe or other serious
consequence are caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[13 December 2012]
Section 350. Violation of Provisions
of Guard (Security Guard) Duty Regulations
(1) For a person who commits violation of provisions of guard
(security guard) duty regulations or commands or orders issued
for the application of these provisions, as committed while on
guard or sentry duty, guarding ammunition, weapons, fuel,
equipment warehouses or other objects of importance,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
(2) For a person who commits the same offence, if serious
consequences have been caused thereby,
the applicable punishment is the deprivation of liberty for a
period of up to three years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 351. Violation of Provisions
of Internal Service Regulations, Instructions or Orders
(1) [13 December 2012]
(2) For a person who commits violation of provisions of
internal service, instructions or orders, if it has been
committed by a soldier assigned to twenty-four hour duty (with
the exception of guard) and serious consequences have been caused
thereby,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[17 October 2002; 13 December 2012; 17 December
2020]
Section 352. Disclosure of Military
Information
For a person who commits disclosure of non-disclosable
military information which is not confidential, secret, or top
secret information,
the applicable punishment is the deprivation of liberty for a
period of up to one year or temporary deprivation of liberty, or
probationary supervision, or community service, or fine.
[13 December 2012; 10 March 2016; 17 December 2020; 20
April 2023]
Section 353. Surrendering and
Abandoning Means to Wage a War to the Enemy
For a person who, being a commander, commits surrendering
entrusted military forces to the enemy or commits abandoning
fortifications, combat equipment or other means of waging war to
the enemy, where not justified by the battle conditions,
the applicable punishment is the deprivation of liberty for a
period of three years and up to ten years.
[13 December 2012]
Section 354. Unauthorised Leaving of
a Battlefield and Refusal to Use a Weapon
For a person who commits unauthorised leaving of a battlefield
during battle, or refusal to use a weapon in battle,
the applicable punishment is the deprivation of liberty for a
period of up to five years or temporary deprivation of liberty,
or probationary supervision, or community service, or fine.
[13 December 2012; 17 December 2020]
Section 355. Criminal Activity by a
Soldier as a Prisoner of War
(1) For a person who commits violence as against other
prisoners of war or cruel treatment of them, if it has been
committed by a prisoner of war holding the position of a
senior,
the applicable punishment is the deprivation of liberty for a
period of up to seven years.
(2) For a person who, being a soldier who is a prisoner of
war, commits intentional acts against the Republic of Latvia for
the purpose of supporting or assisting the enemy,
the applicable punishment is the deprivation of liberty for a
period of up to ten years.
[17 October 2002; 13 December 2012]
Section 356. Illegal Wearing and Use
in Bad Faith of Insignia of the Red Cross, Red Crescent and Blue
White Shield
For a person who commits illegal wearing insignia of the Red
Cross, Red Crescent or Blue White Shield in war zones, if
committed by a person who does not have right thereto, or who
commits the use in bad faith of the insignia of the Blue White
Shield, or the flags or insignia of the Red Cross or Red
Crescent, or of the colouring prescribed for medical assistance
evacuation equipment, during war,
the applicable punishment is the temporary deprivation of
liberty or probationary supervision, or community service, or
fine.
[18 December 2003; 13 December 2012; 17 December
2020]
Transitional Provisions
1. The time of and procedures for the coming into force of
this Law shall be prescribed by a special law.
2. The Cabinet shall formulate and submit to the Saeima
a draft law On the Time of and Procedures for the Coming into
Force of the Criminal Law by 1 August 1998.
3. The Cabinet shall formulate and adopt regulations by 1
August 1998:
1) regarding access to computer programmes and safety of
information systems;
2) regarding restriction of prostitution.
4. Sections 282.1 and 282.2 of this Law
shall come into force on 1 December 2003.
[17 October 2002]
5. Section 195.2 of this Law shall come into force
on 1 July 2006.
[8 December 2005]
6. Amendments to Section 61, Paragraph four of this Law
regarding the compulsory obligation to participate in the
probation programmes shall come into force on 1 January 2013.
With regard to the persons who have been punished in accordance
with Sections 159, 160, 161, 162, 162.1, 164, 165, and
166 of this Law, the amendment to Section 61, Paragraph four of
this Law regarding the compulsory obligation to participate in
the probation programmes shall come into force on 1 October
2011.
[30 October 2008; 6 June 2009; 8 July 2011]
7. Section 58.1, Paragraph four, Clauses
2.1 and 3 of this Law shall not be applied until 31
December 2012.
[16 June 2009]
8. Amendments to Section 65, Paragraph two of this Law
regarding the reduction of the time period for the punishment of
deprivation of liberty and non-application of such type of
punishment shall apply to minors who have committed a criminal
offence after coming into effect of this amendment.
[16 June 2009]
9. The regulation provided for in Paragraphs 1 and 2 of the
Transitional Provisions of the law On Amendments to the Criminal
Law of 21 October 2010 in the part regarding the criminal
proceedings in the proceedings of courts, the Office of the
Prosecutor and pre-trial investigating institutions regarding
criminal offences, which are qualified on the basis of Section
149, shall be applied only in relation to such criminal
proceedings, in which the criminal offence has been qualified on
the basis of Section 149, Paragraph one of the Criminal Law. The
qualification of the offence in criminal cases in the proceedings
of courts, the Office of the Prosecutor, and pre-trial
investigating institutions regarding criminal offences, which
have been committed until 31 December 2010 and qualified on the
basis of Section 149, Paragraphs two, three and four of the
Criminal Law shall not be amended and a punishment shall be
imposed on the persons in accordance with the law which was in
effect until 31 December 2010.
[2 December 2010]
10. Amendments to Section 36, Paragraph two, Clause 5, Section
45, Section 52, Paragraph one, Clause 3 and Section 55, Paragraph
five of this Law regarding the exclusion of the additional
punishment - police supervision - shall come into force on 1
January 2015.
[8 July 2011]
11. Amendments to Section 98, Paragraph three, Section 99,
Paragraph four, Sections 116, 117, 118, 125, Section 148,
Paragraph three, Section 152, Paragraph three, Section 153,
Paragraph three, Section 154, Paragraph three, Section
154.1, Paragraph three, Section 165.1,
Paragraph three, Section 174, Section 175, Paragraph four,
Section 176, Section 177, Paragraph three, Section
177.1, Paragraph three, Section 183, Paragraph two,
Section 184, Section 187, Paragraph two, Section
190.1, Paragraph three, Section 192, Paragraph two,
Section 193, Paragraph four, Section 193.1, Paragraph
three, Section 195, Paragraph three, Section 206, Paragraph
three, Section 218, Paragraph three, Section 220.1,
Paragraph three, Section 221, Paragraph three, Section
221.1, Paragraph three, Sections 224, 225, Section
231, Paragraph two, Section 233, Paragraph three, Section 243,
Paragraph three, Sections 253, 253.1, Section 269,
Paragraph two, Section 285, Paragraph three, Section 311, Section
314, Paragraph three, Section 320, Paragraph four, Section 323,
Paragraph three of this Law regarding substitution of the
additional punishment - probationary supervision - with the
additional punishment - probationary supervision - shall come
into force on 1 January 2015.
[14 March 2013]
12. The additional punishment - police supervision - shall
continue to be applied to persons who until 30 September 2011
have committed the criminal offences provided for in Sections
159, 160, 164, 165 and 166 of this Law and to persons who until
31 December 2014 have committed another criminal offence provided
for in the Special Part of this Law.
[8 July 2011]
12.1 Starting from 1 January 2022, the additional
punishment - probationary supervision - shall be applied instead
of the additional punishment - police control - to the persons
referred to in Paragraph 12 of these Transitional Provisions who
have not been convicted yet, counting two days of police control
as one day of probationary supervision.
[17 December 2020]
13. The persons to whom it has been adjudged shall continue to
serve the additional punishment, and the following conditions of
execution of police supervision shall be applicable thereto:
1) when a person has been conditionally released from serving
a punishment, the fulfilment of the additional punishment -
police supervision - shall be commenced from the moment when the
supervision of the person after conditional release has
ended;
2) a court may, pursuant to a submission of the police
institution, reduce the time period of police supervision or
revoke;
3) if a convicted person, while serving the additional
punishment, has committed a new crime, a court shall substitute
the unserved time period of additional punishment with
deprivation of liberty and determine the final punishment in
accordance with the provisions provided for in Section 51 of this
Law by counting two days of police supervision as one day of
deprivation of liberty;
4) if a person for whom police supervision has been determined
by a court judgment violates its provisions in bad faith, a court
may, pursuant to a submission of the police institution, replace
the time period of an additional unserved punishment by counting
two police supervision days as one day of deprivation of liberty.
The provisions of police supervision shall be violated in bad
faith if within a year a person has twice been administratively
punished for such violation.
[8 July 2011; 16 October 2014]
14. Application of the additional punishment - probationary
supervision - shall begin from 1 October 2011 to persons who have
committed the criminal offence provided for in Sections 159, 160,
161, 162, 162.1, 164, 165, and 166 of this Law after
30 September 2011, and from 1 January 2015 to persons who have
committed another criminal offence provided for in the Special
Part of this Law after 31 December 2014.
[29 October 2015]
14.1 In determining a punishment for several
criminal offences in accordance with Section 50 of the Criminal
Law, or in accordance with several judgements in accordance with
Section 51 of the Criminal Law and establishing that a person has
been applied both probationary supervision and probationary
supervision, probationary supervision shall be included in
probationary supervision regardless of the term set for
probationary supervision. If probationary supervision has been
determined in accordance with Paragraph 12.1 of these
Transitional Provisions, it shall be included in probationary
supervision which has been determined in accordance with
Paragraph 14 of these Transitional Provisions.
[10 March 2016; 17 December 2020]
15. The norms of this Law which are applicable to persons who
have been sentenced to life imprisonment shall be applicable to
persons for whom the death penalty has been replaced with
deprivation of liberty.
[1 December 2011]
16. Amendments to Section 78, Paragraph two, Sections 80,
80.1, 82, 86, 87, 88, 88.2,
88.3, 89.1 and 107, Section 124, Paragraph
two, Section 126, Paragraph two, Section 152, Paragraph two,
Section 153, Paragraphs one and two, Section 154, Paragraphs one
and two, Section 154.1, Paragraph two, Section
165.1, Paragraph two, Section 179, Paragraph three,
Section 183, Paragraph one, Section 185, Paragraph two, Section
190, Paragraph three, Section 191, Paragraph three, Section 230,
Section 251, Paragraphs two and three, Section 252, Paragraph
three, Section 268, Section 309, Paragraphs two and three and
Section 310, Paragraph two regarding additional punishment -
probationary supervision - shall come into force on 1 January
2015.
[13 December 2012]
17. Regulation of the Law, which was in force until 31 January
2015, regarding complete or partial revocation of imposed
obligations, carrying out of the punishment imposed in the
judgment or extending the term of probation for a person upon
whom suspended sentence has been imposed shall apply in relation
to persons upon whom suspended sentence was imposed until 31
January 2015.
[16 October 2014]
18. Regulation of the Law, which was in force until 31 January
2015, regarding the execution of the unserved part of the
sentence for a person who has been conditionally released shall
apply to persons who have been conditionally released prior to
the completion of the punishment until 31 January 2015.
[16 October 2014]
19. Section 61, Paragraphs 2.1, 3.1,
4.1 and 4.2, Section 61.1 and
Section 65, Paragraph 3.1 of this Law shall come into
force on 1 July 2015.
[15 January 2015]
20. Amendments to the title of Section 84, to the disposition
and sanction of Paragraph one of this Law shall come into force
concurrently with the international and Latvian national law on
sanctions.
[28 January 2016 / The abovementioned amendments shall be
included in the wording of the Law as of 1 March 2016]
21. The norms of Chapter VIII2 of this Law
regarding those criminal offences that have been committed until
31 July 2017 shall be applicable insofar, as they are not more
unfavourable as the norms of the Criminal Law which governed the
actions with criminally acquired property at the time of
committing the respective criminal offence.
[22 June 2017]
22. Persons who have committed the criminal offences provided
for in Section 88, 88.1, 88.2 or
88.3 of this Law until the day of coming into force of
the amendment regarding the deletion of these Sections shall be
held criminally liable and punished in accordance those norms of
this Law which were in force at the time when the offence was
committed.
[26 April 2018]
23. Amendment to disposition of Section 300, Paragraph one of
this Law shall come into force concurrently with the Law on
Administrative Liability.
[6 June 2019]
24. The new name "community service" of the type of punishment
- community service - shall be used in rendering rulings
regarding application of a punishment also for such criminal
offences which have been committed until 31 December 2021.
[17 December 2020]
25. Application of the basic punishment, i.e. probationary
supervision, shall be commenced from 1 January 2022 for adults
who have committed the criminal offence provided for in Sections
126, 130, 130.1, 174, 248.2,
253.2, and 340 of this Law after 31 December 2021 and
for minors who have committed any criminal offence provided for
in the Special Part of this Law after 31 December 2021.
[17 December 2020]
25.1 Application of the basic punishment, i.e.
probationary supervision, shall be commenced from 15 July 2023
for adults who have committed the criminal offence provided for
in Sections 132, 132.1, and 168.1 of this
Law after 14 July 2023.
[15 June 2023]
25.2 Application of the basic punishment, i.e.
probationary supervision, shall be commenced from 20 October 2023
for adults who have committed the criminal offence provided for
in Sections 285, 285.1, and 285.2 of this
Law after 19 October 2023.
[5 October 2023]
26. Amendments to Section 41, Paragraph one, to the sanction
of Section 139, Paragraph two, to the sanction of Section
139.1, Paragraphs one and two, to the sanction of
Section 141, Paragraph 2.1, to the sanction of Section
195.2, Paragraph 2.1, to the sanction of
Section 221.6, and to the sanction of Section
239.1, Paragraph one of this Law regarding the basic
punishment - community service and probationary supervision -
shall come into force on 1 January 2022.
[6 July 2021]
27. Until 31 December 2021 the type of punishment - community
service - shall be applied instead of the type of punishment
provided for in Section 218.1 of this Law - community
service.
[6 July 2021]
28. Persons who have committed the criminal offence provided
for in Section 322 of this Law until the day of coming into force
of the amendment regarding the deletion of this Section shall be
held criminally liable and punished in accordance with those
norms of this Law which were in force at the time when the
relevant offence was committed.
[7 April 2022]
29. Section 66.2, Paragraph two of this Law shall
not be applicable from 1 July 2022 to 31 December 2024.
[16 June 2022]
Informative Reference to European
Union Directives
[21 October 2010; 16 June 2011;
13 December 2012; 15 May 2014; 25 September 2014; 16 October
2014; 28 January 2016; 22 June 2017; 26 April 2018; 6 June 2019;
6 July 2021]
The Law contains legal norms arising from:
1) Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds;
2) Council Directive 91/308/EEC of 10 June 1991 on prevention
of the use of the financial system for the purpose of money
laundering;
3) Council Directive 91/477/EEC of 18 June 1991 on control of
the acquisition and possession of weapons;
4) Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora;
5) Council Directive 93/15/EEC of 5 April 1993 on the
harmonization of the provisions relating to the placing on the
market and supervision of explosives for civil uses;
6) Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free
movement of such data;
7) Council Directive 2000/43/EC of 29 June 2000 implementing
the principle of equal treatment between persons irrespective of
racial or ethnic origin;
8) Directive 2000/59/EC of the European Parliament and of the
Council of 27 November 2000 on port reception facilities for
ship-generated waste and cargo residues;
9) Directive 2001/97/EC of the European Parliament and of the
Council of 4 December 2001 amending Council Directive 91/308/EEC
on prevention of the use of the financial system for the purpose
of money laundering;
10) Directive 2005/35/EC of the European Parliament and of the
Council of 7 September 2005 on ship-source pollution and on the
introduction of penalties for infringements;
11) Directive 2006/24/EC of the European Parliament and of the
Council of 15 March 2006 on the retention of data generated or
processed in connection with the provision of publicly available
electronic communications services or of public communications
networks and amending Directive 2002/58/EC;
12) Directive 2008/99/EC of the European Parliament and of the
Council of 19 November 2008 on the protection of the environment
through criminal law;
13) Directive 2009/123/EC of the European Parliament and of
the Council of 21 October 2009 amending Directive 2005/35/EC on
ship-source pollution and on the introduction of penalties for
infringements;
14) Directive 2009/52/EC of the European Parliament and of the
Council of 18 June 2009 providing for minimum standards on
sanctions and measures against employers of illegally staying
third-country nationals;
15) Directive 2011/36/EU of the European Parliament and of the
Council of 5 April 2011 on preventing and combating trafficking
in human beings and protecting its victims, and replacing Council
Framework Decision 2002/629/JHA;
16) Directive 2011/92/EU of the European Parliament and of the
Council of 13 December 2011 on combating the sexual abuse and
sexual exploitation of children and child pornography, and
replacing Council Framework Decision 2004/68/JHA;
17) Directive 2013/40/EU of the European Parliament and of the
Council of 12 August 2013 on attacks against information systems
and replacing Council Framework Decision 2005/222/JHA;
18) Directive 2004/38/EC of the European Parliament and of the
Council of 29 April 2004 on the right of citizens of the Union
and their family members to move and reside freely within the
territory of the Member States amending Regulation (EEC) No
1612/68 and repealing Directives 64/221/EEC, 68/360/EEC,
72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC;
19) Directive 2014/57/EU of the European Parliament and of the
Council of 16 April 2014 on criminal sanctions for market abuse
(market abuse directive);
20) Directive 2014/62/EU of the European Parliament and of the
Council of 15 May 2014 on the protection of the euro and other
currencies against counterfeiting by criminal law, and replacing
Council Framework Decision 2000/383/JHA;
21) Directive 2014/42/EU of the European Parliament and of the
Council of 3 April 2014 on the freezing and confiscation of
instrumentalities and proceeds of crime in the European
Union;
22) Directive (EU) 2017/541 of the European Parliament and of
the Council of 15 March 2017 on combating terrorism and replacing
Council Framework Decision 2002/475/JHA and amending Council
Decision 2005/671/JHA;
23) Directive (EU) 2017/1371 of the European Parliament and of
the Council of 5 July 2017 on the fight against fraud to the
Union's financial interests by means of criminal law;
24) Directive (EU) 2018/1673 of the European Parliament and of
the Council of 23 October 2018 on combating money laundering by
criminal law;
25) Directive (EU) 2019/713 of the European Parliament and of
the Council of 17 April 2019 on combating fraud and
counterfeiting of non-cash means of payment and replacing Council
Framework Decision 2001/413/JHA.
The Law has been adopted by the Saeima on 17 June
1998.
President G. Ulmanis
Rīga, 8 July 1998
1 The Parliament of the Republic of
Latvia
Translation © 2024 Valsts valodas centrs (State
Language Centre)