Lietuvos Respublikos baudžiamasis kodeksas
Apie ką šis teisės aktas?
This law approves the Criminal Code of the Republic of Lithuania and defines its purpose, which is to protect human rights, public, and state interests from criminal acts. It also sets out the conditions for when this Criminal Code comes into effect and how it applies to different people and situations.
Kam taikoma: Anyone who commits criminal acts within the territory of Lithuania or on Lithuanian ships/aircrafts; Citizens and permanent residents of Lithuania who commit crimes abroad.
Svarbiausia
- Šalis
- Lietuva
- Teisės sritis
- Baudžiamoji teisė
- Straipsniai
- 332
- Šaltinis
- e-seimas.lrs.lt
- Tekstas gautas
- Paaiškinimas atnaujintas
Ką reguliuoja šis teisės aktas?
- Which acts are considered crimes and misdemeanours and prohibits them.
- The penalties and sanctions for these acts, including compulsory medical treatment.
- The conditions for criminal liability and for releasing individuals from liability or punishment.
- The validity of criminal law over time and in different geographical areas.
Kam taikomas šis teisės aktas?
- Anyone who commits criminal acts within the territory of Lithuania or on Lithuanian ships/aircrafts.
- Citizens and permanent residents of Lithuania who commit crimes abroad.
- Aliens who commit crimes abroad against the State of Lithuania or specific crimes covered by international treaties.
Kokie yra pagrindiniai punktai?
- The Criminal Code will only enter into force when coordinated with the new Code of Criminal Procedure and the Penal Code.
- A person is only liable if their act was forbidden by a criminal law in force at the time of commission.
- Ignorance of the law does not excuse a person from criminal liability.
- A criminal law that nullifies an act's criminality or lessens a penalty has retroactive effect, but a law that makes an act criminal or increases a penalty does not, with specific exceptions for certain international crimes (e.g., genocide, war crimes).
- Extradition of citizens or aliens to foreign states or the International Criminal Court is only allowed according to treaties or UN Security Council resolutions, with specific exceptions where extradition is not allowed (e.g., political crimes, risk of capital punishment).
- Surrender of a person under a European arrest warrant requires the criminal act to be punishable by at least one year of custodial sentence, or at least four months if a sentence has already been imposed.
Baudžiamoji teisė
8
Įstatymo tekstas
Įstatymo tekstas
Turinys (332)
- Article 1 Approval of the Criminal Code of the Republic of Lithuania
- Article 2 Entry into Force of the Criminal Code of the Republic of Lithuania
- Article 3 Procedure for Implementing the Criminal Code of the Republic of Lithua
- Article 4
- Article 5
- Article 6 Criminal Liability of Aliens for the Crimes Committed Abroad against t
- Article 7 Criminal Liability for the Crimes Provided for in Treaties
- Article 8 Criminal Liability for the Crimes Committed Abroad
- Article 9 Extradition
- Article 10 Types of Criminal Acts
- Article 11 Crime
- Article 12 Misdemeanour
- Article 13 Age at which a Person Becomes Liable under the Criminal Law
- Article 14 Forms of Guilt
- Article 15 Premeditated Crime and Misdemeanour
- Article 16 Commission of a Crime and Misdemeanour Through Negligence
- Article 17 Legal Incapacity
- Article 18 Diminished Capacity
- Article 19
- Article 20 Criminal Liability of a Legal Entity
- Article 21 Preparation for Commission of a Crime
- Article 22 Attempt to Commit a Criminal Act
- Article 23 Voluntary Renunciation of Completion of a Criminal Act
- Article 24 Complicity and Types of Accomplices
- Article 25 Forms of Complicity
- Article 26 Criminal Liability of Accomplices
- Article 27 Repeat Offence
- Article 28 Self-Defence
- Article 29 Arrest of the Perpetrator
- Article 30 Discharge of Professional Duty
- Article 31 Immediate Necessity
- Article 32 Performance of an Assignment of a Law Enforcement Institution
- Article 33 Execution of an Order
- Article 34 Justifiable Professional or Economic Risk
- Article 35 Scientific Experiment
- Article 36 Release from Criminal Liability When a Person or Criminal Act Loses It
- Article 37 Release from Criminal Liability due to Minor Relevance of a Crime
- Article 38 Release from Criminal Liability upon Reconciliation between the Offend
- Article 39 Release from Criminal Liability on the Basis of Mitigating Circumstanc
- Article 40 Release from Criminal Liability on Bail
- Article 41 Penalty and Purpose Thereof
- Article 42 Types of Penalties
- Article 43 Types of Penalties in Respect of Legal Entities
- Article 44 Deprivation of Public Rights
- Article 45 Deprivation of the Right to be Employed in a Certain Position or to En
- Article 46 Community Service
- Article 47 Fine
- Article 48 Restriction of Liberty
- Article 49 Arrest
- Article 50 Fixed-Term Imprisonment
- Article 51 Life Imprisonment
- Article 52 Restriction of Operation of a Legal Entity
- Article 53 Liquidation of a Legal Entity
- Article 54 Basic Principles of Imposition of a Penalty
- Article 55 Imposition of a Penalty upon a Person Prosecuted for the First Time fo
- Article 56 Imposition of a Penalty upon a Repeat Offender for the Commission of a
- Article 57 Imposition of a Penalty for Preparation for Commission of and an Attem
- Article 58 Imposition of a Penalty upon Accomplices in a Criminal Act
- Article 59 Mitigating Circumstances
- Article 60 Aggravating Circumstances
- Article 61 Imposition of a Penalty in the Presence of Mitigating and/or Aggravati
- Article 62 Imposition of a More Lenient Penalty than Provided for by a Law
- Article 63 Imposition of a Penalty for the Commission of Several Criminal Acts
- Article 64 Imposition of a Penalty in the Event of Commission of a New Criminal A
- Article 65 Rules of Cumulation of Sentences and Replacement of Penalties
- Article 66 Inclusion of the Period of Remand in a Penalty Imposed
- Article 67 Purpose and Types of Penal Sanctions
- Article 68 Prohibition to Exercise a Special Right
- Article 69 Compensation for or Elimination of Property Damage
- Article 70 Unpaid Work
- Article 71 Payment of a Contribution to the Fund of Crime Victims
- Article 72 Confiscation of Property
- Article 721 Prohibition to Approach the Victim
- Article 722 Participation in the Programmes Addressing Violent Behaviour
- Article 73 Imposition of Penal Sanctions
- Article 74 Legal Consequences of Non-Compliance with Penal Sanctions
- Article 75 Suspension of a Sentence
- Article 76 Release from a Penalty due to an Illness
- Article 77
- Article 78 Amnesty
- Article 79 Clemency
- Article 80 Purpose of Peculiarities of Criminal Liability of Minors
- Article 81 Application of Provisions of the Chapter
- Article 82 Reformative Sanctions against Minors
- Article 83 Warning
- Article 84 Compensation for or Elimination of Property Damage
- Article 85 Unpaid Reformative Work
- Article 86 Placement for Upbringing and Supervision with Parents or Other Natural
- Article 87 Restriction on Conduct
- Article 88 Placement in a Special Reformative Facility
- Article 89 Legal Consequences of Non-Compliance with Reformative Sanctions
- Article 90 Special Features of the Penalties Imposed upon Minors
- Article 91 Special Features of Imposition of a Penalty upon a Minor
- Article 92 Suspension of a Sentence in Respect of a Minor
- Article 93 Release of a Minor from Criminal Liability
- Article 94
- Article 95 Statute of Limitations of a Judgement of Conviction
- Article 96 Statute of Limitations for Execution of a Judgement of Conviction
- Article 97 Previous Conviction
- Article 98 Compulsory Medical Treatment
- Article 99 Genocide
- Article 100 Treatment of Persons Prohibited under International Law
- Article 101 Killing of Persons Protected under International Law
- Article 102 Deportation of Civilians of an Occupied State or Transfer of the Civil
- Article 103 Causing Bodily Harm to, Torture or Other Inhuman Treatment of Persons
- Article 104
- Article 105 Forcible Use of Civilians or Prisoners of War in the Armed Forces of t
- Article 106 Destruction of Protected Objects or Plunder of National Valuable Prope
- Article 107 Delay in Repatriation of Prisoners of War
- Article 108 Delay in Release of Interned Civilians or Impeding Repatriation of Oth
- Article 109
- Article 110 Aggression
- Article 111 Prohibited Military Attack
- Article 112 Use of Prohibited Means of Warfare
- Article 113 Marauding
- Article 114 Coup d’Etat
- Article 115 Attempt on the Life of the President of the Republic of Lithuania
- Article 116 Attempt on the Life of a Representative of Another State or Internatio
- Article 117 Treason
- Article 118 Assistance to Another State in Carrying out Activities Hostile to the
- Article 119 Espionage
- Article 120 Collaboration
- Article 121 Creation of Anti-constitutional Groups or Organisations and Participat
- Article 122 Public Incitement to Infringe upon the Sovereignty of the Republic of
- Article 123 Abuse of Authority
- Article 124 Unlawful Possession of the Information Constituting a State Secret
- Article 125 Disclosure of a State Secret
- Article 126 Loss of a State Secret
- Article 127 Desecration of State Symbols
- Article 128 Desecration of Symbols of a Foreign State, the European Union or an In
- Article 129 Murder
- Article 130 Murder in a State of Passion
- Article 131 Infanticide
- Article 132 Negligent Homicide
- Article 133 Abetting a Suicide or Procuring a Suicide
- Article 134 Aiding a Suicide
- Article 135 Severe Health Impairment
- Article 136 Severe Health Impairment Caused in a State of Passion
- Article 137 Severe Health Impairment Caused Through Negligence
- Article 138 Non-Severe Health Impairment
- Article 139 Non-Severe Health Impairment Through Negligence
- Article 140 Causing Physical Pain or a Negligible Health Impairment
- Article 141 Interpretation of Concepts
- Article 142 Illegal Abortion
- Article 143 Compelling a Woman to Have an Illegal Abortion
- Article 144 Leaving a Person in a Life-Threatening Situation Without Providing Ass
- Article 145 Threatening to Murder or Cause a Severe Health Impairment to a Person
- Article 146 Unlawful Deprivation of Liberty
- Article 147 Trafficking in Human Beings
- Article 148 Restriction of Freedom of a Person’s Actions
- Article 149 Rape
- Article 150 Sexual Assault
- Article 151 Sexual Abuse
- Article 152 Sexual Harassment
- Article 153 Sexual Molestation of a Child
- Article 154 Libel
- Article 155 Insult
- Article 156 Abduction of a Child or Exchange of Children
- Article 157 Purchase or Sale of a Child
- Article 158 Desertion of a Child
- Article 159 Involvement of a Child in a Criminal Act
- Article 160 Involvement of a Child in the Use of Medicine or Other Intoxicating Me
- Article 161 Involvement of a Child in Abuse of Alcohol
- Article 162 Use of a Child for Pornography
- Article 163 Abuse of the Rights or Duties of Parents, a Guardian or Custodian or O
- Article 164 Evasion of a Child’s Maintenance
- Article 165 Unlawful Violation of Inviolability of a Person’s Dwelling
- Article 166 Violation of Inviolability of a Person’s Correspondence
- Article 167 Unlawful Collection of Information about a Person’s Private Life
- Article 168 Unauthorised Disclosure or Use of Information about a Person’s Private
- Article 169 Discrimination on Grounds of Nationality, Race, Sex, Descent, Religion
- Article 170 Incitement against Any National, Racial, Ethnic, Religious or Other Gr
- Article 171 Disturbance of Religious Ceremonies or Religious Celebrations
- Article 172 Hindering the Exercise of the Right of Elections or Referendums
- Article 173 Forgery of an Election or Referendum Document or Use of a Forged Elect
- Article 174 Incorrect Counting of Election Votes
- Article 175 Destruction, Spoiling, Seizure or Concealment of an Election or Refere
- Article 176 Violation of Requirements of Safety and Health Protection at Work
- Article 177 Hindering the Activities of Trade Unions
- Article 178 Theft
- Article 179 Unlawful Use of Energy and Communications Services
- Article 180 Robbery
- Article 181 Extortion of Property
- Article 182 Swindling
- Article 183 Misappropriation of Property
- Article 184 Squandering of Property
- Article 185 Misappropriation of a Found Item
- Article 186 Causing Property Damage by Deceit
- Article 187 Destruction of or Damage to Property
- Article 188 Destruction of or Damage to Property through Negligence
- Article 189 Acquisition or Handling of the Property Obtained by Criminal Means
- Article 190 Interpretation of the Value of a Property
- Article 191 Misappropriation of Authorship
- Article 192
- Article 193 Destruction or Alteration of Information about Management of Author’s
- Article 194 Unlawful Removal of Technical Protection Means of Author’s Rights or R
- Article 195 Violation of Industrial Property Rights
- Article 196 Unlawful Influence on Electronic Data
- Article 197 Unlawful Influence on an Information System
- Article 198 Unlawful Interception and Use of Electronic Data
- Article 199 Smuggling
- Article 200 Unlawful Failure to Bring Goods or Products outside the Republic of Li
- Article 201
- Article 202 Unauthorised Engagement in Economic, Commercial, Financial or Professi
- Article 203 Unlawful Activities of a Legal Entity
- Article 204 Use of Another’s Trademark or Service Mark
- Article 205 Misleading Declaration about the Activities of a Legal Entity
- Article 206 Use of a Credit, Loan or Targeted Support Not in Accordance with Its P
- Article 207 Credit Fraud
- Article 208 Dishonesty of a Debtor
- Article 209 Criminal Bankruptcy
- Article 210 Commercial Espionage
- Article 211 Disclosure of a Commercial Secret
- Article 212 Interpretation of Concepts
- Article 213 Production, Storage or Handling of Counterfeit Currency or Securities
- Article 214
- Article 215 Unlawful Use of an Electronic Means of Payment or Data Thereof
- Article 216 Money or Property Laundering
- Article 217 Trade in Securities by Using Non-Public Information
- Article 218 Manipulating the Price of Securities
- Article 219 Failure to Pay Taxes
- Article 220 Provision of Inaccurate Data on Income, Profit or Assets
- Article 221 Failure to File a Tax Return or to Submit a Report or Another Document
- Article 222 Fraudulent Management of Accounts
- Article 223 Negligent Management of Accounts
- Article 224
- Article 225 Bribery
- Article 226 Bribery of an Intermediary
- Article 227 Graft
- Article 228 Abuse of Office
- Article 229 Failure to Perform Official Duties(
- Article 230 Interpretation of Concepts
- Article 231 Hindering the Activities of a Judge, Prosecutor, Pre-trial Investigati
- Article 232 Contempt of Court
- Article 233 Influence on a Witness, Victim, Expert, Specialist or Translator
- Article 234 Influence on the Victim to Reconcile with the Offender
- Article 235 False Testimony, Conclusions and Translation
- Article 236 False Denunciation or Report about a Non‑Existent Crime
- Article 237 Concealment of a Crime or the Perpetrator
- Article 238 Failure to Report a Crime
- Article 239 Disrupting the Work of a Place of Detention
- Article 240 Freeing a Prisoner
- Article 241 Escape of a Prisoner
- Article 242 Evasion of Serving the Sentence of Arrest or Imprisonment or of Return
- Article 243 Evasion of Serving a Non-Custodial Sentence or of Complying with Penal
- Article 244 Failure to Comply with a Penalty Imposed upon a Legal Entity
- Article 245 Failure to Comply with a Court's Decision Not Associated with a Penalt
- Article 246
- Article 247 Unauthorised Disclosure of Pre-Trial Investigation Data
- Article 248 Interpretation of Concepts
- Article 249 Criminal Association
- Article 250 Act of Terrorism
- Article 251 Hijacking of an Aircraft, Ship or Fixed Platform on a Continental Shel
- Article 252 Hostage Taking
- Article 253 Unauthorised Possession of Firearms, Ammunition, Explosives or Explosi
- Article 254 Seizure of a Firearm, Ammunition, Explosives or Explosive Materials
- Article 255 Violation of the Regulations Governing the Storage of a Firearm, Ammun
- Article 256 Unlawful Possession of Nuclear or Radioactive Materials or Other Sourc
- Article 257
- Article 258 Unlawful Possession of a Non-Firearm
- Article 259 Unlawful Possession of Narcotic or Psychotropic Substances for the Pur
- Article 260
- Article 261 Distribution of Narcotic or Psychotropic Substances among Minors
- Article 262
- Article 263 Theft, Extortion or Other Unlawful Taking Possession of Narcotic or Ps
- Article 264 Inducing the Use of Narcotic or Psychotropic Substances
- Article 265 Illegal Cultivation of Poppies or Hemp
- Article 266 Unlawful Possession of Category I Precursors of Narcotic or Psychotrop
- Article 267 Unlawful Possession of Highly Active or Toxic Substances
- Article 268 Violation of the Regulations Governing Lawful Possession of Psychotrop
- Article 269 Interpretation of Concepts
- Article 270 Violation of the Regulations Governing Environmental Protection or the
- Article 271 Destruction or Devastation of Protected Areas or Protected Natural Obj
- Article 272 Illegal Hunting or Fishing or Other Use of Wild Fauna Resources
- Article 273 Unauthorised Forest Logging or Destruction of Marshes
- Article 274 Unlawful Picking, Destruction, Handling or Other Possession of Protect
- Article 275 Unauthorised Pharmaceutical Activities
- Article 276 Production of or Trading in the Products Harmful to Human Health or Li
- Article 277 Violation of the Regulations Governing Control of Epidemics or Contagi
- Article 278 Improper Maintenance or Repair of Vehicles or Roads, the Facilities Lo
- Article 279 Violation of International Flight Regulations
- Article 280 Damage to Vehicles or Roads, the Facilities Located Thereon
- Article 281 Violation of the Regulations Governing Road Traffic Safety or Operatio
- Article 282 Violation of the Regulations Governing Traffic Order or Safety
- Article 283 Riots
- Article 284 Violation of Public Order
- Article 285 False Report about a Danger Threatening the Community or Occurred Disa
- Article 286 Resistance against a Civil Servant or a Person Performing the Function
- Article 287 Threatening a Civil Servant or a Person Performing the Functions of Pu
- Article 288 Interference with the Activities of a Civil Servant or a Person Perfor
- Article 289 Adoption of the Name of a Civil Servant or a Person Performing the Fun
- Article 290 Insulting a Civil Servant or a Person Performing the Functions of Publ
- Article 291 Illegal Crossing of the State Border
- Article 292 Unlawful Transportation of Persons across the State Border
- Article 293
- Article 294 Self-Willed Conduct
- Article 295 Unlawful Installation of Special Equipment or Use Thereof for the Coll
- Article 296 Seizure or Other Unlawful Acquisition of an Official Secret
- Article 297 Disclosure of an Official Secret
- Article 298 Unlawful Change of a Land Boundary Marking
- Article 299 Failure to Render Assistance to Ships in the Event of a Collision at S
- Article 300 Forgery of a Document or Possession of a Forged Document
- Article 301 Forgery of a Seal, Stamp or Form
- Article 302 Seizure of a Seal, Stamp or Document or Use of the Seized Seal, Stamp
- Article 303 Destruction or Concealment of a Seal, Stamp or Document
- Article 304 Provision of False Information for the Purpose of Acquisition of a Doc
- Article 305 Release and Use of Measuring Devices without Undergoing State Metrolog
- Article 306
- Article 307 Gaining Profit from Another Person’s Prostitution
- Article 308 Involvement in Prostitution
- Article 309 Possession of Pornographic Material
- Article 310 Cruel Treatment of Animals
- Article 311 Desecration of the Remains of the Deceased
- Article 312 Desecration of a Grave or Another Place of Public Respect
- Article 313 Contempt for the Memory of the Deceased
- Article 314 Evasion of a Draft into Mandatory Military Service
- Article 315 Evasion of a Draft into Military Service During Martial Law
- Article 316 Evasion of Fulfilling of Military Service
- Article 317 Failure to Execute an Order
- Article 318 Threats or Violence Against a Commander
- Article 319 Violent Actions against a Subordinate
- Article 320 Terrorisation of a Serviceman
- Article 321 Unlawful Order and Execution Thereof
- Article 322 Absence without Leave
- Article 323 Desertion
- Article 324 Loss of National Defence Property
- Article 325 Violation of Guard Duty Rules
- Article 326 Violation of State Border Guard Duty Rules
- Article 327 Violation of Duty Rules
- Article 328 Abandoning a Sinking Warship
- Article 329 Loss or Dishonouring the Flag of a Military Unit
- Article 330 Interpretation of Concepts
LIETUVOS RESPUBLIKOS OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON THE APPROVAL AND ENTRY INTO FORCE OF THE CRIMINAL CODE 26 September 2000 No VIII-1968 (As last amended on 12 June 2008 – No X-1597) Vilnius
Article 1Approval of the Criminal Code of the Republic of Lithuania
The Seimas hereby approves the Criminal Code of the Republic of Lithuania.
Article 2Entry into Force of the Criminal Code of the Republic of Lithuania
1.The Criminal Code of the Republic of Lithuania shall enter into force concurrently and solely upon co-ordination with the new Code of Criminal Procedure of the Republic of Lithuania and the Penal Code of the Republic of Lithuania.
2.A specific date of the entry into force of all the codes as indicated in paragraph 1 of this Article shall be set by a separate law.
Article 3Procedure for Implementing the Criminal Code of the Republic of Lithuania
A procedure for implementing the Criminal Code of the Republic of Lithuania shall be laid down by a separate law.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS APPROVED BY Law No VIII-1968 of 26 September 2000 REPUBLIC OF LITHUANIA CRIMINAL CODE GENERAL PART
CHAPTER I
GENERAL PROVISIONS
Article 1Purpose of the Criminal Code of the Republic of Lithuania
1.The Criminal Code of the Republic of Lithuania shall be a uniform criminal law having the purpose of defending human and citizen’s rights and freedoms, public and the state’s interests against criminal acts by criminal law means.
2.This Code shall:
1)define which acts are crimes and misdemeanours and prohibit them;
2)establish penalties, penal and reformative sanctions for the acts provided for by this Code as well as compulsory medical treatment;
3)establish grounds for and conditions of criminal liability as well as the grounds for and conditions of releasing the persons who have committed criminal acts may be released from criminal liability or a penalty.
3.The provisions of this Code have been harmonised with provisions of the legal acts of the European Union specified in Annex to this Code.
Article 2Basic Provisions of Criminal Liability
1.A person shall be held liable under this Code only when the act committed by him is forbidden by a criminal law in force at the time of commission of the criminal act.
2.Ignorance of the law shall not release a person from criminal liability.
3.A person shall be held liable under a criminal law only when he is guilty of commission of a criminal act and only if at the time of commission of the act the conduct of the person could have been reasonably expected to conform to the requirements of law.
4.Only a person whose act as committed corresponds to a definition of a body of a crime or misdemeanour provided for by a criminal law shall be liable under the criminal law.
5.Penalties, penal or reformative sanctions and compulsory medical treatment shall be imposed only in accordance with the law.
6.No one may be punished for the same criminal act twice.
CHAPTER II
VALIDITY OF A CRIMINAL LAW
Article 3Term of Validity of a Criminal Law
1.The criminality of an act and punishability of a person shall be determined by a criminal law in force at the time of the commission of that act. The time of the commission of a criminal act shall be the time of an act (or omission) or the time of occurrence of the consequences provided for by the criminal law, where the occurrence of those consequences was desired at a different time.
2.A criminal law nullifying the criminality of an act, commuting a penalty or in otherwise mitigating legal circumstances for the person who committed the criminal act shall have a retroactive effect, i.e., it shall apply to the persons who committed the criminal act prior to the coming into force of such a law, also to the persons serving a sentence and those with previous convictions.
3.A criminal law establishing the criminality of an act, imposing a more severe penalty upon or otherwise aggravating legal circumstances of the person who has committed the criminal act shall have no retroactive effect. The provisions of this Code establishing liability for genocide (Article 99), treatment of persons prohibited under international law (Article 100), killing of persons protected under international humanitarian law (Article 101), deportation of the civil population of an occupied state (Article 102), causing bodily harm to, torture or other inhuman treatment of persons protected under international humanitarian law (Article 103), forcible use of civilians or prisoners of war in the armed forces of the enemy (Article 105) and prohibited military attack (Article 111) shall constitute an exception.
4.Only the penal or reformative sanctions as well as medical treatment measures provided for by a criminal law in force at the time of passing of a court judgement shall be imposed.
Article 4
Validity of a Criminal Law in Respect of the Persons who have Committed Criminal Acts within the Territory of the State of Lithuania or Onboard the Ships or Aircrafts Flying the Flag or Displaying Marks of Registry of the State of Lithuania 1. The persons who have committed criminal acts within the territory of the state of Lithuania or onboard the ships or aircrafts flying the flag or displaying marks of registry of the State of Lithuania shall be held liable under this Code.
2.The place of commission of a criminal act shall be the place in which a person acted or ought to have acted or could have acted or the place in which the consequences provided for by a criminal law occurred. The place of commission of a criminal act by accomplices shall be the place in which the criminal act was committed or, if one of the accomplices acted elsewhere, the place where he acted.
3.A single criminal act committed both in the territory of the State of Lithuania and abroad shall be considered to have been committed in the territory of the Republic of Lithuania if it was commenced or completed or discontinued in this territory.
4.The issue of criminal liability of the persons who enjoy immunity from criminal jurisdiction under international legal norms and commit a criminal act in the territory of the Republic of Lithuania shall be decided in accordance with treaties of the Republic of Lithuania and this Code.
Article 5Criminal Liability of Citizens of the Republic of Lithuania and Other Permanent Residents of Lithuania for the Crimes Committed Abroad
Citizens of the Republic of Lithuania and other permanent residents of Lithuania shall be held liable for the crimes committed abroad under this Code.
Article 6Criminal Liability of Aliens for the Crimes Committed Abroad against the State of Lithuania
The aliens who do not have a permanent residence in the Republic of Lithuania shall be liable under a criminal law where they commit crimes abroad against the State of Lithuania as provided for in Articles 114-128 of this Code.
Article 7Criminal Liability for the Crimes Provided for in Treaties
Persons shall be liable under this Code regardless of their citizenship and place of residence, also of the place of commission of a crime and whether the act committed is subject to punishment under laws of the place of commission of the crime where they commit the following crimes subject to liability under treaties:
1)crimes against humanity and war crimes (Articles 99-113);
2)trafficking in human beings (Article 147);
3)purchase or sale of a child (Article 157);
4)production, storage or handling of counterfeit currency or securities (Article 213);
5)money or property laundering (Article 216);
6)act of terrorism (Article 250);
7)hijacking of an aircraft, ship or fixed platform on a continental shelf (Article 251);
8)hostage taking (Article 252);
9)unlawful handling of nuclear or radioactive materials or other sources of ionising radiation (Articles 256, 256(1) and 257);
10)the crimes related to possession of narcotic or psychotropic, toxic or highly active substances (Articles 259-269);
11)crimes against the environment (Articles 270, 270(1), 271, 272, 274).
Article 8Criminal Liability for the Crimes Committed Abroad
1.A person who has committed abroad the crimes provided for in Articles 5 and 6 of this Code shall be held criminally liable only where the committed act is recognised as a crime and is punishable under the criminal code of the state of the place of commission of the crime and the Criminal Code of the Republic of Lithuania. Where a person who has committed a crime abroad is prosecuted in the Republic of Lithuania, but a different penalty is provided for this crime in each country, the person shall be subject to a penalty according to laws of the Republic of Lithuania, however it may not exceed the maximum limit of penalty specified in the criminal laws of the state of the place of commission of the crime.
2.A person who has committed the crimes provided for in Articles 5, 6, and 7 of the Criminal Code of the Republic of Lithuania shall not be held liable under this Code where he:
1)has served the sentence imposed by a foreign court;
2)has been released from serving the entire or a part of the sentence imposed by a foreign court;
3)has been acquitted or released from criminal liability or punishment by a foreign court’s judgement, or no penalty has been imposed by reason of the statute of limitation or on other legal grounds provided for in that state.
Article 9Extradition
1.A citizen of the Republic of Lithuania who has committed a criminal act in the Republic of Lithuania or in the territory of another state may be extradited to the foreign state or surrendered to the International Criminal Court solely in accordance with a treaty to which the Republic of Lithuania is party or a resolution of the United Nations Security Council.
2.An alien who has committed a criminal act in the Republic of Lithuania or in the territory of another state shall be extradited to the respective state or surrendered to the International Criminal Court solely in accordance with a treaty to which the Republic of Lithuania is party or a resolution of the United Nations Security Council.
3.It shall be allowed not to extradite a citizen of the Republic of Lithuania or an alien where:
1)the committed act is not regarded as a crime or misdemeanour under this Code;
2)the criminal act has been committed in the territory of the State of Lithuania;
3)the person is being prosecuted for a crime of political nature;
4)the person has been convicted of the criminal act committed, acquitted or released from criminal liability or penalty;
5)the person may be subject to capital punishment for the committed crime in another state;
6)the statute of limitations for the passing or execution of a judgement of conviction has expired;
7)the person is released from penalty under an act of amnesty or by granting clemency;
8)there exist other grounds provided for by treaties to which the Republic of Lithuania is party.
4.The persons who have been granted asylum in accordance with laws of the Republic of Lithuania shall not be punishable under a criminal law of the Republic of Lithuania for the criminal acts for which they were prosecuted abroad and shall not be extradited to foreign states, except in the cases provided for by Article 7 of this Code.
Article 9(1). Surrender of a Person under the European Arrest Warrant 1. On the basis of the European arrest warrant, a citizen of the Republic of Lithuania or an alien who is suspected of commission of a criminal act in the issuing Member State or who has been imposed a custodial sentence, but has not served it shall be surrendered to the issuing Member State.
2.A citizen of the Republic of Lithuania or an alien shall be surrendered under the European arrest warrant only where the criminal act committed by him is punishable, according to laws of the issuing Member State, by a custodial sentence of at least one year and where the European arrest warrant has been issued in connection with the execution of a custodial sentence which has already been imposed, only where the duration of the sentence imposed is at least four months.
3.A citizen of the Republic of Lithuania or an alien shall not be surrendered to the issuing Member State where:
1)surrender of the person under the European arrest warrant would violate fundamental human rights and/or freedoms;
2)the person has been released in the Republic of Lithuania from penalty for the act which has been committed by him and on which the European arrest warrant is based under an act of amnesty or by granting clemency.
3)the person was convicted in the Republic of Lithuania or another state for the criminal act which he had committed and on which the European arrest warrant is based, and the sentence imposed has been served, is currently being served or may no longer be executed under the law of the sentencing Member State;
4)at the time of commission of a criminal act, the person was not of the age at which the act committed by him becomes subject to criminal liability according to criminal laws of the Republic of Lithuania;
5)the act committed does not constitute a crime or misdemeanour under this Code, within the exception of the cases when the European arrest warrant has been issued for the criminal act provided for in paragraph 2 of Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, and the criminal laws of the issuing Member State provide for a custodial sentence of at least three years for this criminal act;
6)the person has been acquitted or released from criminal liability or punishment in the Republic of Lithuania or another Member State of the European Union for the criminal act which he has committed and on which the European arrest warrant is based;
7)the European arrest warrant has been issued for a criminal act which falls within the jurisdiction of the Republic of Lithuania under its own criminal law, and the statute of limitation for the passing of a judgement of conviction as provided for in Article 95 of this Code and the statute of limitations for the execution of the judgement of conviction as provided for in Article 96 of this Code have expired;
8)the criminal act has been committed outside the territory of the issuing Member State, and criminal law of the Republic of Lithuania could not apply to the same act where it would have been committed outside the territory of the State of Lithuania or not onboard a ship or aircraft flying the flag or displaying marks of registry of the State of Lithuania.
4.A citizen of the Republic of Lithuania or an alien may, taking into consideration facts of a case and interests of justice, be surrendered to the issuing Member State where:
1)criminal proceedings have been initiated in the Republic of Lithuania in respect of the criminal act which the person has committed and on which the European arrest warrant is based;
2)initiation of criminal proceedings in the Republic of Lithuania in respect of the criminal act committed by the person has been refused, or the criminal proceedings initiated have been terminated;
3)the European arrest warrant has been issued for the purposes of execution of a custodial sentence imposed on a citizen of the Republic of Lithuania or a person permanently residing in the Republic of Lithuania, and the Republic of Lithuania undertakes execution of this sentence;
4)the criminal act has been committed in the territory of the State of Lithuania or onboard a ship or aircraft flying the flag or displaying marks of registry of the State of Lithuania;
5)the European arrest warrant lacks the information required for the taking of a decision on the person’s surrender, and the issuing Member State fails to provide it within the time limit laid down.
5.Where the European arrest warrant has been issued for the purposes of execution of a custodial sentence imposed upon a citizen of the Republic of Lithuania or an alien, and this sentence has been imposed in absentia and where the person concerned has not been informed of the place and date of the hearing, the citizen of the Republic of Lithuania or the alien may be surrendered subject to the condition that the issuing Member State will ensure a retrial of the case at the person’s request, and the person will be present at the judgement.
6.Where the European arrest warrant has been issued for a criminal act which, under the laws of the issuing Member State, is punishable by custodial life sentence, a citizen of the Republic of Lithuania or an alien shall be surrendered subject to the condition that the laws of the issuing Member State provide for a possibility for the convict to apply for release from such penalty or mitigation thereof not later than upon serving twenty years of the custodial sentence.
7.Where the European arrest warrant has been issued for the purposes of prosecution, a citizen of the Republic of Lithuania or a permanent resident of the Republic of Lithuania may be surrendered subject to the condition that the person against whom the issuing Member State has passed a judgement will be returned to the Republic of Lithuania in order to serve the custodial sentence imposed on him at the request of the person surrendered or where the Prosecutor General’s Office of the Republic of Lithuania requires so.
CHAPTER III
CRIME AND MISDEMEANOUR
Article 10Types of Criminal Acts
Criminal acts shall be divided into crimes and misdemeanours.
Article 11Crime
1.A crime shall be a dangerous act (act or omission) forbidden under this Code and punishable with a custodial sentence.
2.Crimes shall be committed with intent and through negligence. Premeditated crimes are divided into minor, less serious, serious and grave crimes.
3.A minor crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the maximum duration of three years.
4.A less serious crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the maximum duration in excess of three years, but not exceeding six years of imprisonment.
5.A serious crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the duration in excess of six years, but not exceeding ten years of imprisonment.
6.A grave crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the maximum duration in excess of ten years.
Article 12Misdemeanour
A misdemeanour shall be a dangerous act (act or omission) forbidden under this Code which is punishable by a non-custodial sentence, with the exception of arrest.
Article 13Age at which a Person Becomes Liable under the Criminal Law
1.A person who, prior to the time of commission of a crime or misdemeanour, had attained the age of sixteen years or, in the cases provided for in paragraph 2 of this Law, fourteen years shall be considered liable under this Code.
2.A person who, prior to the time of commission of a crime or misdemeanour, had attained the age of fourteen shall be held liable for murder (Article 129), severe impairment to health (Article 135), rape (Article 149), sexual harassment (Article 150), theft (Article 178), robbery (Article 180), extortion of property (Article 181), destruction of or damage to property (paragraph 2 of Article 187), seizure of a firearm, ammunition, explosives or explosive materials (Article 254), theft, racketeering or other illicit seizure of narcotic or psychotropic substances (Article 263), damage to vehicles or roads and facilities thereof (Article 280).
3.A person who, prior to the time of commission of the dangerous act provided for by this Code, had not attained the age of fourteen years may be subject to reformative sanctions or other measures in accordance with the procedure laid down by laws of the Republic of Lithuania.
Article 14Forms of Guilt
A person shall be found guilty of commission of a crime or misdemeanour where he has committed this act with intent or through negligence.
Article 15Premeditated Crime and Misdemeanour
1.A crime or misdemeanour shall be premeditated where it has been committed with a specific or general intent.
2.A crime or misdemeanour shall be committed with a specific intent where:
1)when committing it, the person was aware of the dangerous nature of the criminal act and desired to engage therein;
2)when committing it, the person was aware of the dangerous nature of the criminal act, anticipated that his act or omission might cause the consequences provided for by this Code and desired that they arise.
3.A crime or a misdemeanour shall be committed with a general intent where, when committing it, the person was aware of the dangerous nature of the criminal act, anticipated that his act or omission might cause the consequences provided for by this Code and, though he did not desire that they arise, consciously allowed the consequences to arise.
Article 16Commission of a Crime and Misdemeanour Through Negligence
1.A crime or misdemeanour shall be committed through negligence where it has been committed through a criminally false assumption or criminal negligence.
2.A crime or a misdemeanour shall be committed through a criminally false assumption if the person who committed the act had anticipated that his act or omission may cause the consequences provided for by this Code, but recklessly expected to avoid them.
3.A crime or a misdemeanour shall be committed through criminal negligence if the person who committed it had not anticipated that his act or omission might cause the consequences provided for by this Code, although the person could and ought to have anticipated such a result based the circumstances of the act and his personal traits.
4.A person shall be punishable for commission of a crime or misdemeanour through negligence solely in the cases provided for separately in the Special Part of this Code.
Article 17Legal Incapacity
1.A person shall be considered legally incapacitated where, at the time of commission of an act forbidden under this Code, he was unable to appreciate the dangerous nature of the act or to control his behaviour as a result of a mental disorder.
2.A person found legally incapacitated by a court shall not be held liable under this Code for a committed dangerous act. The court may apply to him the compulsory medical treatment provided for in Article 98 of this Code.
Article 18Diminished Capacity
1.A court shall find a person to be of diminished capacity where, at the time of commission of an act forbidden under this Code, he lacked a capacity sufficient to fully appreciate the dangerous nature of the criminal act or to control his behaviour as a result of a mental disorder, even though the disorder is not a sufficient ground for finding him legally incapacitated.
2.A person who has committed a misdemeanour, a negligent or minor or less serious premeditated crime and whom a court finds to be of diminished capacity shall be liable under a criminal law, however, a penalty imposed upon him may be commuted under Article 59 of this Code, or he may be released from criminal liability and be subject to the penal sanctions provided for in Article 67 of this Code or the compulsory medical treatment provided for in Article 98 of this Code.
3.A person who has committed a serious or a grave crime and is found by a court to be of diminished capacity shall be held liable under a criminal law, however a penalty imposed upon him may be commuted under Article 59 of this Code.
Article 19Person’s Liability for a Criminal Act Committed under the Influence of Alcohol, Narcotic, Psychotropic or Other Psychoactive Substances
1.A person who has committed a criminal act under the influence of alcohol, narcotic, psychotropic or other psychoactive substances shall not be released from criminal liability.
2.A person who committed a misdemeanour, a negligent or minor or less serious premeditated crime as a result of intoxication against his will and hence lacked a capacity sufficient to fully appreciate the dangerous nature of the criminal act or to control his behaviour at the time of his conduct shall be released from criminal liability.
3.A person who has committed a serious or a grave crime under the conditions indicated in paragraph 2 of this Article shall be held liable under a criminal law, however the penalty imposed upon him may be commuted under Article 59 of this Code.
Article 20Criminal Liability of a Legal Entity
1.A legal entity shall be held liable solely for the criminal acts the commission whereof is subject to liability of a legal entity as provided for in the Special Part of this Code.
2.A legal entity shall be held liable for the criminal acts committed by a natural person solely where a criminal act was committed for the benefit or in the interests of the legal entity by a natural person acting independently or on behalf of the legal entity, provided that he, while occupying an executive position in the legal entity, was entitled:
1)to represent the legal entity, or
2)to take decisions on behalf of the legal entity, or
3)to control activities of the legal entity.
3.A legal entity may be held liable for criminal acts also where they have been committed by an employee or authorised representative of the legal entity as a result of insufficient supervision or control by the person indicated in paragraph 2 of this Article.
4.Criminal liability of a legal entity shall not release from criminal liability a natural person who has committed, organised, instigated or assisted in commission of the criminal act.
5.The State, a municipality, a state and municipal institution and agency as well as international public organisation shall not be held liable under this Code.
CHAPTER IV
STAGES AND FORMS OF A CRIMINAL ACT
Article 21Preparation for Commission of a Crime
1.Preparation for the commission of a crime shall be a search for or adaptation of means and instruments, development of an action plan, engagement of accomplices or other intentional creation of the conditions facilitating the commission of the crime. A person shall be held liable solely for preparation to commit a serious or grave crime.
2.A person shall be held liable for preparation to commit a crime according to paragraph 1 of this Article and an article of this Code providing for an appropriate completed crime. A penalty imposed upon such a person may be commuted under Article 62 of this Code.
Article 22Attempt to Commit a Criminal Act
1.An attempt to commit a criminal act shall be an intentional act or omission which marks the direct commencement of a crime or misdemeanour where the act has not been completed by reason of the circumstances beyond the control the offender.
2.An attempt to commit a criminal act shall also occur when the offender is not aware that his act cannot be completed, because his attempt is directed at an inappropriate target or he is applying improper means.
3.A person shall be held liable for an attempt to commit a criminal act according to paragraph 1 or 2 of this Article and an article of this Code providing for an appropriate completed crime. A penalty imposed upon such a person may be commuted under Article 62 of this Code.
Article 23Voluntary Renunciation of Completion of a Criminal Act
1.A person shall voluntarily renounce completion of a crime or a misdemeanour when he voluntarily terminates an initiated criminal act while being aware that it can be completed.
2.A person who voluntarily renounces completion of a crime or misdemeanour shall be held liable under this Code solely in cases where the committed act constitutes the body of another crime or misdemeanour.
3.When several persons participate in the commission of a criminal act, the organiser or abettor who voluntarily renounces completion of the act shall not be liable under this Code if he has made every effort within his reasonable power to prevent commission by his accomplices of the criminal act which he had organised or instigated, and this act has not been committed or has not caused any consequences. Moreover, an accessory shall not be held liable under this Code if he voluntarily refused to participate in a criminal act, informed thereof other accomplices or law enforcement institutions and that act has not been committed or it has been committed without his assistance.
4.A person who attempted to voluntarily renounce completion of a crime or misdemeanour, but failed to avoid the criminal act or its consequences shall be held liable under a criminal law, however, a penalty imposed upon him may be commuted under Article 59 of this Code.
Article 24Complicity and Types of Accomplices
1.Complicity shall be the intentional joint participation in the commission of a criminal act of two or more conspiring legally capable persons who have attained the age specified in Article 13 of this Code.
2.Accomplices in a criminal act shall include a perpetrator, an organiser, an abettor and an accessory.
3.A perpetrator shall be a person who has committed a criminal act either by himself or by involving legally incapacitated person or the persons who have not yet attained the age specified in Article 13 of this Code or other persons who are not guilty of that act. If the criminal act has been committed by several persons acting together, each of them shall be considered a perpetrator/co-perpetrator.
4.An organiser shall a person who has formed an organised group or a criminal association, has been in charge thereof or has co-ordinated the activities of its members or has prepared a criminal act or has been in charge of commission thereof.
5.An abettor shall be a person who has incited another person to commit a criminal act.
6.The accessory shall be a person who has aided in the commission of a criminal act through counselling, issuing instructions, providing means or removing obstacles, protecting or shielding other accomplices, who has promised in advance to conceal the offender, hide the instruments or means of commission of the criminal act, the traces of the act or the items acquired by criminal means, also a person who has promised in advance to handle the items acquired or produced in the course of the criminal act.
Article 25Forms of Complicity
1.Forms of complicity shall be a group of accomplices, an organised group or a criminal association.
2.A group of accomplices shall be one in which two or more persons agree, at any stage of the commission of a criminal act, on the commission, continuation or completion of the criminal act, where at least two of them are perpetrators.
3.An organised group shall be one in which two or more persons agree, at any stage of the commission of a criminal act, on the commission of several crimes or of one serious or grave crime, and in committing the crime each member of the group performs a certain task or is given a different role.
4.A criminal association shall be one in which three or more persons linked by permanent mutual relations and division of roles or tasks join together for the commission of a joint criminal act – one or several serious and grave crimes. An anti-state group or organisation and a terrorist group shall be considered equivalent to a criminal association.
Article 26Criminal Liability of Accomplices
1.Accomplices shall be held liable solely for the criminal acts as committed by the perpetrator which are covered by their intent.
2.Where a perpetrator’s criminal act was discontinued at the stage of preparation for commission of or an attempt to commit it, an organiser, an abettor and an accessory shall be held liable for complicity in preparation or attempt to commit the criminal act.
3.Where there are the circumstances eliminating, mitigating or aggravating the liability of one of accomplices, they shall not be taken into account when determining the criminal liability of other accomplices 4. An organiser, an abettor or an accessory shall be held liable under an article of the Code which provides for liability for an act committed by a perpetrator and under paragraph 4, 5 or 6 of Article 24 of this Code.
5.Members of a criminal association shall be held liable under Article 249 of this Code as perpetrators regardless of their roles in the commission of a criminal act which is covered by their intent.
Article 27Repeat Offence
1.Repeat offence shall mean a situation when a person already convicted for the commission of a premeditated crime, where his prior conviction has not expired yet or has not been expunged in accordance with the procedure laid down by laws, repeatedly commits one or several premeditated crimes. Such a person shall be considered a repeat offender.
2.Repeat offence shall be considered dangerous, and the offender may be recognised as a dangerous repeat offender by a court where this person:
1)commits a new grave crime while having an unexpired conviction for the commission of a grave crime;
2)already being a repeat offender, commits a new grave crime;
3)already being a repeat offender, where at least one of the crimes constituting a repeat offence is a grave crime, commits a new serious crime;
4)commits a new serious crime while having three prior convictions for the commission of serious crimes.
3.When passing a judgement of conviction for the most recent crime committed, a court may recognise a person as a dangerous repeat offender having regard to the offender's personality, the extent to which criminal intentions have been accomplished, the nature of participation in the commission of the crimes and other circumstances of the case.
4.When deciding on the recognition of a person as a dangerous repeat offender, a court shall have no regard to prior convictions for the crimes committed by the person before the age of 18 years, the crimes committed through negligence, the crimes for which conviction has expired or has been expunged, also the crimes committed abroad for which no liability is provided under criminal laws of the Republic of Lithuania.
5.The recognition of a person as a dangerous repeat offender shall no longer be valid if his prior convictions expire or are expunged.
CHAPTER V
CIRCUMSTANCES ELIMINATING CRIMINAL LIABILITY
Article 28Self-Defence
1.A person shall have the right to self-defence. He may exercise this right regardless of whether he had the possibility of avoiding the attempt or applying for assistance to other persons or authorities.
2.A person shall not be held liable under this Code where he, while acting within the limits permitted by self-defence, committed an act formally having the features of a crime or misdemeanour provided for in a criminal law when defending himself or another person, property, inviolability of a dwelling, other rights, interests of society or the State against an initiated or imminent dangerous attempt.
3.The limits of self-defence shall be exceeded when a murder is committed or a severe health impairment is caused with a specific intent, where defence has been clearly disproportionate to the nature and dangerousness of an attempt. The limits of self-defence shall not be considered to have been exceeded by reason of extreme confusion or fright caused by the dangerous attempt or an act committed in the course of defence against breaking into a dwelling.
4.A person who has exceeded the limits of self-defence shall be held criminally liable, however a penalty imposed upon him may be commuted under Article 62 of this Code.
Article 29Arrest of the Perpetrator
1.A person shall not be held liable under this Code for his actions when he causes property damage, a non-severe health impairment or a severe health impairment through negligence to a person who is actively attempting to escape the arrest by chasing, attempting to stop, preventing the escape or by other actions, and a severe health impairment when arresting on the spot of a crime a person who has committed or attempted to commit a premeditated murder, provided it was not otherwise possible to arrest the perpetrator.
2.Actions of a person restraining the resistance of a person who has committed a criminal act shall be subject to the rules for self-defence as stipulated in Article 28 of this Code.
Article 30Discharge of Professional Duty
1.A person shall not be held liable under this Code for the damage caused in charge of professional duty, provided he has not exceeded the authority granted to him by laws or other legal acts.
2.A person shall be held liable under this Code for the damage caused in charge of professional duty where he has exceeded the authority granted to him by laws or other legal acts, however a penalty imposed upon him may be commuted under Article 59 of this Code.
Article 31Immediate Necessity
1.A person shall not be held liable under the criminal law for an act committed in an attempt to avert the danger which threatens him, other persons or their rights, public or state interests, where this danger could not have been averted by other means and where the damage caused is less than the damage attempted to be averted.
2.A person who creates a dangerous situation by his actions may invoke the provisions of immediate necessity only when the dangerous situation arose through negligence.
3.A person may not justify a failure to perform a duty by invoking the provisions of immediate necessity, where he is under the obligation to act under the conditions of an increased degree of danger according to his profession, the position held or due to other circumstances.
Article 32Performance of an Assignment of a Law Enforcement Institution
1.A person acting lawfully according to the mode of conduct imitating a criminal act shall not be held liable under this Code.
2.A person shall not be held criminally liable where he participated in the activities of a criminal association or an organised group and in the criminal acts committed by it while performing another lawful assignment of a law enforcement institution and did not exceed the limits of this assignment.
3.A person shall be held criminally liable where, while acting according to the mode of conduct imitating a criminal act or performing another assignment of a law enforcement institution, he exceeded the limits of this assignment, however a penalty imposed upon him may be commuted under Article 59 of this Code.
4.Law enforcement institutions shall be the police, other establishments of pre-trial investigation and prosecutor’s office, also entities of operational activities.
Article 33Execution of an Order
1.A person shall not be held criminally liable for an act which he committed while executing a lawful order, ordinance or instruction.
2.A person shall be held criminally liable where he executed an order, ordinance or instruction known to be unlawful.
3.A person who refuses to execute an order, ordinance or instruction which is unlawful shall not be held criminally liable. Such a person may be held liable under this Code only if the act committed by him constitutes the body of another criminal act.
Article 34Justifiable Professional or Economic Risk
1.A person shall not be held liable under this Code for the actions which, although they incur the consequences provided for by a criminal law, have been carried out with a justifiable professional or economic risk and for a publicly beneficial purpose.
2.The risk shall be deemed justifiable where the committed act is in line with the contemporary science and technology, and it was not possible to attain the specified objective by carrying out the actions not involving risk, and where the person taking the risk has taken the necessary precautions to prevent damage to the interests protected by the law.
Article 35Scientific Experiment
1.A person who incurs damage while conducting a lawful scientific experiment shall not be held liable under this Code where the experiment was conducted in compliance with scientifically approved methods, the problem under investigation is of an exceptional scientific significance and the researcher has taken the necessary precautions to prevent damage to the interests protected by the law.
2.No scientific experiment shall be permitted without the voluntary consent of the person participating in the experiment, who must be informed of the possible consequences.
3.A pregnant woman, her foetus, young child, a mentally ill person and a person in confinement may not be subjected to scientific experiments, with the except of the cases provided for by the law.
CHAPTER VI
RELEASE FROM CRIMINAL LIABILLITY
Article 36Release from Criminal Liability When a Person or Criminal Act Loses Its Dangerousness
A person who commits a criminal act shall be released from criminal liability where a court acknowledges that before opening of the hearing of the case in the court this person or the act committed thereby had lost its dangerous character due to a change in circumstances.
Article 37Release from Criminal Liability due to Minor Relevance of a Crime
A person who commits a crime may be released from criminal liability by a court where the act is recognised as being of minor relevance due to the extent of the damage incurred, the object of the crime or other peculiarities of the crime.
Article 38Release from Criminal Liability upon Reconciliation between the Offender and the Victim
1.A person who commits a misdemeanour, a negligent crime or a minor or less serious premeditated crime may be released by a court from criminal liability where:
1)he has confessed to commission of the criminal act, and
2)voluntarily compensated for or eliminated the damage incurred to a natural or legal person or agreed on the compensation for or elimination of this damage, and
3)reconciles with the victim or a representative of a legal person, and
4)there is a basis for believing that he will not commit new criminal acts.
2.A repeat offender, a dangerous repeat offender, also a person who had already been released from criminal liability on the basis of reconciliation with the victim, where less than four years had lapsed from the day of reconciliation until the commission of a new act, may not be released from criminal liability on the grounds provided for in paragraph 1 of this Article.
3.If a person released from criminal liability under paragraph 1 of this Article commits a misdemeanour or a negligent crime within the period of one year or fails, without valid reasons, to comply an agreement approved by a court on the terms and conditions of and procedure for compensating for the damage, the court may revoke its decision on the release from criminal liability and decide to prosecute the person for all the criminal acts committed.
4.If a person released from criminal liability under paragraph 1 of this Article commits a new premeditated crime within the period of one year, the previous decision releasing him from criminal liability shall become invalid and a decision shall be adopted on the prosecution of the person for all the criminal acts committed.
Article 39Release from Criminal Liability on the Basis of Mitigating Circumstances
A person who commits a misdemeanour or a negligent crime may be released from criminal liability by a reasoned decision of a court where:
1)he commits the criminal act for the first time, and
2)there are at least two mitigating circumstances provided for in paragraph 1 of Article 59 of this Code, and
3)there are no aggravating circumstances.
Article 39(1). Release from Criminal Liability When a Person Actively Assisted in Detecting the Criminal Acts Committed by Members of an Organised Group or a Criminal Association 1. A person who is suspected of participation in the commission of criminal acts by an organised group or a criminal association or belonging to a criminal association may be released from criminal liability where he confesses his participation in the commission of such a criminal act or his membership of the criminal association and where he actively assists in detecting the criminal acts committed by members of the organised group or the criminal association.
2.Paragraph 1 of this Article shall not apply to a person who participated in the commission of a premeditated murder or who had already been released from criminal liability on such grounds, also to the organiser or leader of an organised group or a criminal association.
Article 40Release from Criminal Liability on Bail
1.A person who commits a misdemeanour, a negligent crime or a minor or less serious intentional crime may be released by a court from criminal liability subject to a request by a person worthy of a court’s trust to transfer the offender into his responsibility on bail. Bail may be set with or without a surety.
2.A person may be released from criminal liability by a court on bail where:
1)he commits the criminal act for the first time, and
2)he fully confesses his guilt and regrets having committed the criminal act, and
3)at least partly compensates for or eliminates the damage incurred or undertakes to compensate for such where it has been incurred, and
4)there is a basis for believing that he will fully compensate for or eliminate the damage incurred, will comply with laws and will not commit new criminal acts.
3.A bailsman may be parents of the offender, close relatives or other persons worthy of a court’s trust. When taking a decision, the court shall take account of the bailsman’s personal traits or nature of activities and a possibility of exerting a positive influence on the offender.
4.The term of bail shall be set from one year up to three years.
5.When requesting to release a person on bail with a surety, a bailsman shall undertake to pay a surety in the amount specified by a court. Taking account of a bailsman’s personal traits and his financial situation, the court shall specify the amount of the surety or decide on release from criminal liability on bail without a surety. The bail bond shall be returned upon the expiry of the term of bail where a person subject to bail does not commit a new criminal act within the term of bail as laid down by the court.
6.A bailsman shall have the right to withdraw from bail. In this case, a court shall, taking account of the reasons for a withdrawal from bail, decide on the return of a surety, also on a person’s criminal liability for the committed criminal act, appointment of another bailsman or the person’s release from criminal liability.
7.If a person released from criminal liability on bail commits a new misdemeanour or negligent crime during the term of bail, a court may revoke its decision on the release from criminal liability and shall decide to prosecute the person for all the criminal acts committed.
8.If a person released from criminal liability on bail commits a new premeditated crime during the term of bail, the previous decision releasing him from criminal liability shall become invalid and the court shall decide to prosecute the person for all the criminal acts committed.
CHAPTER VII
PENALTY
Article 41Penalty and Purpose Thereof
1.A penalty shall be a measure of compulsion applied by the State, which is imposed by a court’s judgement upon a person who has committed a crime or misdemeanour.
2.The purpose of a penalty shall be:
1)to prevent persons from committing criminal acts;
2)to punish a person who has committed a criminal act;
3)to deprive the convicted person of the possibility to commit new criminal acts or to restrict such a possibility;
4)to exert an influence on the persons who have served their sentence to ensure that they comply with laws and do not relapse into crime;
5)ensure implementation of the principle of justice.
Article 42Types of Penalties
1.The following penalties may be imposed on a person who commits a crime:
1)deprivation of public rights;
2)deprivation of the right to be employed in a certain position or to engage in a certain type of activities;
3)community service;
4)fine;
5)restriction of liberty;
6)arrest;
7)fixed-term imprisonment;
8)life imprisonment.
2.The following penalties may be imposed on a person who commits a misdemeanour:
1)deprivation of public rights;
2)deprivation of the right to be employed in a certain position or to engage in a certain type of activities;
3)community service;
4)fine;
5)restriction of liberty;
6)arrest.
3.Only one penalty may be imposed on a person for the commission of one crime or misdemeanour.
4.In the cases provided for in Articles 63 and 64 of this Code, two penalties may be imposed.
5.If more than two penalties of a different type are imposed for several committed crimes, a court shall, when imposing a final combined sentence, select two penalties from those imposed: one of them being the most severe penalty, and the other one selected at the discretion of the court.
6.In addition to a penalty and on the basis of Articles 67, 68, 72, 721 and 722 of this Code, one or more of the following penal sanctions may be imposed upon a person who commits a criminal act – a prohibition to exercise a specific right, confiscation of property, prohibition to approach the victim, participation in the programmes addressing violent behaviour.
7.The types of penalties in respect of legal entities and peculiarities of imposition of penalties upon minors shall be stipulated by Articles 43 and 90 of this Code.
Article 43Types of Penalties in Respect of Legal Entities
1.The following penalties may be imposed upon a legal entity for the commission of a criminal act:
1)fine;
2)restriction of operation of the legal entity;
3)liquidation of the legal entity.
2.Having imposed a penalty upon a legal entity, a court may also decide to announce this judgement in the media.
3.Only one penalty may be imposed upon a legal entity for one criminal act.
4.The sanctions of articles of the Special Part of this Code shall not specify the penalties to which legal entities are subject. In imposing a penalty upon a legal entity, a court shall refer the list of penalties specified in paragraph 1 of this Article.
Article 44Deprivation of Public Rights
1.Deprivation of public rights shall be deprivation of the right to be elected or appointed to an elected or appointed position at state or municipal institutions and agencies, undertakings or non-state organisations.
2.Deprivation of public rights shall not be specified in the sanction of an article. A court shall impose this penalty when the sanction of the article provides for the penalty of deprivation of the right to be employed in a certain position or to engage in a certain type of activities and a criminal act has been committed in abuse of public rights.
3.When imposing the penalty of deprivation of public rights, a court shall indicate which right is to be deprived. Public rights may be deprived for a period from one year up to five years. The term of this penalty shall be counted in years and months.
Article 45Deprivation of the Right to be Employed in a Certain Position or to Engage in a Certain Type of Activities
1.A court shall order deprivation of the right to be employed in a certain position or to engage in a certain type of activities in the cases provided for in the Special Part of this Code, where the offender commits a criminal act in the field of his occupational or professional activities or where, considering the nature of the criminal act committed, the court comes to the conclusion that the convicted person may not preserve the right to be employed in a certain position or to engage in a certain type of activities.
2.The right to be employed in a certain position or to engage in a certain type of activities may be deprived for a period from one year up to five years. The term of this penalty shall not be specified the sanction of an article. It shall be specified by a court when imposing the penalty. The term of the penalty shall be counted in years and months.
3.Where the penalty of deprivation of the right to be employed in a certain position or to engage in a certain type of activities is imposed in conjunction with imprisonment or arrest, it shall be imposed for the entire term of imprisonment or arrest and for a period ordered by a court to commence after the term of imprisonment or arrest has been served.
Article 46Community Service
1.Community service shall be ordered by a court in the cases provided for in the Special Part of this Code. The penalty of community service may be imposed only with the consent of the convict.
2.Community service may be imposed for a period from one month up to one year. The term of the penalty shall be counted in months. A person sentenced to perform community service shall be under the obligation to work for the community without remuneration from 10 to 40 hours per month during the time period set by the court.
3.The sanction of an article shall not indicate the time of performance and number of hours of community service. This shall be determined by a court when imposing the penalty, however this time may not exceed 480 hours for a crime and 240 hours for a misdemeanour.
4.The service to be performed by the convict shall be selected by the institution executing the penalty assisted by executive bodies of municipalities and/or a county governor’s administration.
5.Where for objective reasons a person is not able to perform the community service imposed on him by this Article, a court may release him from this penalty and impose in lieu thereof a penal sanction provided for in Chapter IX of this Code.
6.Where a person fails, for valid reasons, to perform the required number of hours of community service within a time limit laid down by a court, the court may extend the time limit for performing community service until the person performs the required number of hours.
7.Where a person evades performance of community service, the institution executing the penalty shall warn the convict of possible legal consequences. Where the person continues evading the serving of the penalty of community service upon receiving the warning, a court may, on the recommendation of the institution executing the penalty, replace community service with a fine or arrest. Community service shall be replaced with a fine or arrest in accordance with the rules specified in Articles 47, 49 and 65 of this Code.
8.Where, after a judgement becomes effective, a person refuses to perform community service, a court shall, on the recommendation of the institution executing the penalty, replace community service with a fine or arrest in accordance with the rules specified in Articles 47, 49 and 65 of this Code.
Article 47Fine
1.A fine shall be a pecuniary penalty imposed by a court in the cases provided for in the Special Part of this Code.
2.A fine shall be calculated in the amounts of minimum standard of living (MSL). The minimum amount of a fine shall be one MSL.
3.The amounts of a fine shall be determined as follows:
1)for a misdemeanour – up to the amount of 50 MSLs.
2)for a minor crime – up to the amount of 100 MSLs;
3)for a less serious crime – up to the amount of 200 MSLs;
4)for a serious crime – up to the amount of 300 MSLs;
5)for a negligent crime – up to the amount of 75 MSLs.
4.The amount of a fine for a legal entity shall be up to 50 000 MSLs.
5.The sanction of an article shall not indicate the amount of a fine for a committed criminal act. It shall be specified by a court when imposing the penalty.
6.Where a person does not possess sufficient funds to pay a fine imposed by a court, the court may, in compliance with the rules stipulated in Article 65 of this Code and subject to the convict’s consent, replace this penalty with community service.
7.Where a person evades voluntary payment of a fine and it is not possible to recover it, a court may replace the fine with arrest. When replacing the fine with arrest, the court shall act in compliance with the rules stipulated in Article 65 of this Code.
Article 48Restriction of Liberty
1.The penalty of restriction of liberty shall be imposed by a court in the cases provided for in the Special Part of this Code.
2.Restriction of liberty may be imposed for a period from three months up to two years. The term of the penalty shall be counted in years and months.
3.The persons sentenced to restriction of liberty shall be under the obligation:
1)not to change their place of residence without giving a notice to a court or the institution executing the penalty;
2)to comply with mandatory and prohibitive injunctions of the court;
3)to give an account, in accordance with the established procedure, of compliance with the prohibitive and mandatory injunctions.
4.A court may impose one or more prohibitive or mandatory injunctions in respect of a person upon whom the penalty of restriction of liberty has been imposed.
5.A court may impose the following prohibitive injunctions:
1)to refrain from visiting certain places;
2)to refrain from communicating with certain individuals or groups of individuals;
3)not to own, use, acquire, store on one’s own or transfer for safekeeping to other persons certain items.
6.A court may impose the following mandatory injunctions:
1)to stay at home at a certain time;
2)to compensate, fully or in part, for the property damage incurred by a criminal act or to eliminate such damage with his own work;
3)to take up employment or register at a labour exchange, to study;
4)to undergo a treatment against alcohol addition, drug addiction, addiction to toxic substances or a sexually transmitted disease, where the convict agrees therefor;
5)to work for no remuneration for up to 200 hours within a period laid down by a court, but not exceeding the term of restriction of liberty at health care, social care and guardianship establishments or non-state organisations caring for the disabled, the aged or other persons in need of assistance.
7.At the request of a person or other participants in criminal proceedings, a court may impose upon him other prohibitive or mandatory injunctions not provided for under a criminal law in place of those indicated in paragraphs 5 and 6 of this Article, where, in the opinion of the court, this would have a positive effect on his behaviour.
8.The number of prohibitive and mandatory injunctions imposed by a court in respect of the convict shall not be specified, however they must be co-ordinated.
9.Where for objective reasons the convict is not able to comply with the specified mandatory injunctions, a court may, on the recommendation of the institution executing the penalty, release him from this penalty and impose in its place a penal sanction provided for in Chapter IX of this Codes.
10.Where a person evades the serving of the penalty of restriction of liberty, this penalty shall be replaced with arrest in accordance with the rules specified in Articles 49 and 65 of this Code.
Article 49Arrest
1.Arrest shall be imposed by a court in the cases provided for in the Special Part of this Code.
2.Arrest shall mean a short-term imprisonment served in a short-term detention facility. The term of arrest shall be counted in days.
3.Arrest shall be imposed for a period from 15 up to 90 days for a crime and from 10 to 45 days for a misdemeanour.
4.The term of arrest for a criminal act shall not be indicated in the sanction of an article. It shall be specified by a court when imposing the penalty.
5.If arrest is imposed for a period of 45 days or less, a court may order to serve it on days of rest. Where a person violates this procedure for serving arrest, the court may decide that the procedure be changed to the regular procedure for serving arrest.
6.Arrest shall not be imposed upon pregnant women and may be not imposed upon the persons raising a child under the age of 3 years taking into consideration interests of the child.
Article 50Fixed-Term Imprisonment
1.Fixed-term imprisonment shall be imposed by a court in the cases provided for in the Special Part of this Code. The term of the penalty shall be counted in years, months and days.
2.The penalty of a fixed-term imprisonment may be imposed for a period from three months up to ten years. In the case of imposing the penalty according to Article 64 of this Code, when a new crime is committed before a sentence for the previous crime is served, a custodial sentence for a period of up to 25 years may be imposed.
3.Convicted persons shall serve a custodial sentence in open colonies, houses of correction and prisons. The place where the penalty is to be served shall be selected by a court taking into consideration the personality of the offender, the nature and dangerousness of the committed crime. The procedure for and conditions of serving the custodial sentence shall be laid down by the Penal Code.
Article 51Life Imprisonment
1.The penalty of life imprisonment shall be imposed by a court in the cases provided for in the Special Part of this Code.
2.If a criminal law provides for a possibility of commutation of the penalty of life imprisonment, the custodial sentence may be commuted to a term of not less than 25 years.
3.Convicted persons shall serve the penalty of life imprisonment in a prison. Having served the first ten years of the sentence of life imprisonment, convicted persons may, in the cases and in accordance with the procedure laid down by laws, be transferred to a house of correction. The procedure for and conditions of serving the penalty of life imprisonment shall be laid down by the Penal Code.
Article 52Restriction of Operation of a Legal Entity
1.When imposing the penalty of restriction of operation of a legal entity, a court shall prohibit the legal entity from engaging in certain activities or order it to close a certain division of the legal entity.
2.Operation of a legal entity may be restricted for a period from one year up to five years. The term of this penalty shall be counted in years and months.
Article 53Liquidation of a Legal Entity
When imposing the penalty of liquidation of a legal entity, a court shall order the legal entity to terminate, within the time limit laid down by the court, the entire economic, commercial, financial or professional activity and to close all divisions of the legal entity.
CHAPTER VIII
IMPOSITION OF A PENALTY
Article 54Basic Principles of Imposition of a Penalty
1.A court shall impose a penalty according to the sanction of an article of the Special Part of this Code providing for liability for a committed criminal act and in compliance with provisions of the General Part of this Code.
2.When imposing a penalty, a court shall take into consideration:
1)the degree of dangerousness of a committed criminal act;
2)the form and type of guilt;
3)the motives and objectives of the committed criminal act;
4)the stage of the criminal act;
5)the personality of the offender;
6)the form and type of participation of the person as an accomplice in the commission of the criminal act;
7)mitigating and aggravating circumstances.
3.Where imposition of the penalty provided for in the sanction of an article is evidently in contravention to the principle of justice, a court may, taking into consideration the purpose of the penalty, impose a commuted penalty subject to a reasoned decision.
Article 55Imposition of a Penalty upon a Person Prosecuted for the First Time for a Minor or Less Serious Premeditated Crime
A court shall generally impose a non-custodial sentence upon a person prosecuted for the first time for a minor or less serious premeditated crime. In the event of imposition of a custodial sentence, the court must justify its decision.
Article 56Imposition of a Penalty upon a Repeat Offender for the Commission of a Premeditated Crime
1.A court shall generally impose a custodial sentence upon a repeat offender for the commission of a premeditated crime.
2.For the commission of a premeditated crime, a dangerous repeat offender shall be imposed a penalty more severe than the average custodial sentence prescribed by the sanction of an article for the committed crime. Another penalty may be imposed upon a dangerous repeat offender only on the grounds provided for in Article 62 of this Code.
Article 57Imposition of a Penalty for Preparation for Commission of and an Attempt to Commit a Criminal Act
1.A penalty for preparation for commission of or an attempt to commit a crime or a misdemeanour shall be imposed according to the general procedure and having regard to the dangerousness of the actions performed by the offender, the degree of accomplishment of the criminal intent and the reasons for which the criminal act was not accomplished.
2.Preparation for commission of or an attempt to commit a criminal act may, based on Article 62 of this Code, be subject to a more lenient penalty than the one provided for the completed criminal act.
Article 58Imposition of a Penalty upon Accomplices in a Criminal Act
1.A penalty shall be imposed upon accomplices in a crime or misdemeanour in accordance with the general procedure and taking into consideration the type and form of participation of the person as an accomplice in the commission of the criminal act as well as the role and nature of participation therein.
2.Members of an organised group for the commission of a crime shall be generally imposed a more severe penalty than to members of a group of accomplices.
Article 59Mitigating Circumstances
1.The following shall be considered as mitigating circumstances:
1)the offender has provided assistance to the victim or otherwise actively avoided or attempted to avoid more serious consequences;
2)the offender has confessed to commission of an act provided for by a criminal law and sincerely regrets or has assisted in the detection of this act or identification of the persons who participated therein;
3)the offender has voluntarily compensated for or eliminated the damage incurred;
4)the criminal act has been committed due to a very difficult financial condition or desperate situation of the offender;
5)the act has been committed as a result of mental or physical coercion, where such a coercion does not eliminate criminal liability;
6)the commission of the act has been influenced by a provoking or venturesome behaviour of the victim;
7)the act has been committed at the request of the victim, who is in a desperate situation;
8)the act has been committed in violation of conditions of arrest of a person who has committed the criminal act, direct necessity, discharge of professional duty or performance of an assignment of law enforcement institutions, conditions of industrial or economic risk or lawfulness of a scientific experiment;
9)the act has been committed by exceeding the limits of self-defence, where a criminal law provides for liability for exceeding the limits of self-defence;
10)the act has been committed in a state of extreme agitation caused by unlawful actions of the victim;
11)the act has been committed by a person of diminished legal capacity;
12)the act has been committed by a person intoxicated by alcohol or drugs against his will;
13)a voluntary attempt to renounce commission of the criminal act has been unsuccessful.
2.A court may also recognise as mitigating other circumstances which have not been indicated in paragraph 1 of this Article.
3.When imposing a penalty, a court shall not take into consideration a mitigating circumstance which is provided for in a law as constituting the body of a crime.
Article 60Aggravating Circumstances
1.The following shall be considered as aggravating circumstances:
1)the act has been committed by a group of accomplices. Taking into consideration the nature and extent of participation of each accomplice in the commission of the criminal act, a court shall have the right not to recognise this circumstance as aggravating;
2)the act has been committed by an organised group;
3)the act has been committed by reason of disorderly conduct or for mercenary reasons;
4)the act has been committed by torturing the victim or subjecting him to taunting;
5)the act has been committed against a young child;
6)the act has been committed against a person in a helpless state owing to an illness, disability, old age or for other reasons, in the absence of the person’s request;
7)the act has been committed against a woman known to be pregnant;
8)the act has been committed by taking advantage of a public or other person’s disaster;
9)the act has been committed by a person under the influence of alcohol, narcotic, psychotropic or other psychoactive substances, where these circumstances influenced the commission of the criminal act;
10)the act has been committed in a publicly dangerous manner or by using explosives, explosive materials or firearms;
11)the committed act has caused grave consequences.
2.When imposing a penalty, a court shall not take into consideration an aggravating circumstance which is provided for in a law as constituting the body of a crime.
Article 61Imposition of a Penalty in the Presence of Mitigating and/or Aggravating Circumstances
1.When imposing a penalty, a court shall take into consideration whether only mitigating circumstances or only aggravating circumstances, or both mitigating and aggravating circumstances have been established and shall assess the relevance of each circumstance.
2.Having assessed mitigating and/or aggravating circumstances, the amount, nature and interrelation thereof, also other circumstances indicated in paragraph 2 of Article 54, a court shall make a reasoned choice of a more lenient or more severe type of a penalty as well as the measure of the penalty with reference to the average penalty.
3.The average penalty provided for by a law shall be determined as the aggregate of the minimum and maximum measure of a penalty provided for in the sanction of an article, which is subsequently divided by half. Where the sanction of the article prescribes no minimum measure of a penalty for a committed criminal act, the average penalty shall be determined on the basis of the minimum measure of a penalty fixed for that type of penalties.
4.Where the offender voluntarily confesses to commission of a crime, sincerely regrets it and actively assists in the detection of the crime as well as there are no aggravating circumstances, a court shall impose upon him a custodial sentence not exceeding the average penalty provided for in the sanction of an article for the committed crime or a non-custodial sentence.
5.A court may impose a custodial sentence not exceeding the average penalty provided for in the sanction of an article for the committed crime upon a person who participated in the commission of a premeditated murder, where he makes a confession regarding all the criminal acts committed by him and actively assists in the detection of the premeditated murder committed by members of an organised group or a criminal association.
6.Paragraph 5 of this Article shall not apply to the organiser or leader of a premeditated murder, organised group or criminal association.
Article 62Imposition of a More Lenient Penalty than Provided for by a Law
1.Where, a person who has committed a criminal act freely and voluntarily gives himself up or reports this act, confesses to commission thereof and sincerely regrets and/or assists pre-trial investigators and a court in detecting the criminal act and has fully or partially compensated for or eliminated the incurred property damage, a court may, having considered all the circumstances of the case, impose for every criminal act a more lenient penalty than provided for by a law.
2.Having considered all the circumstances of a case, a court may impose for every criminal act a more lenient penalty than provided for by a law also in the presence of mitigating circumstances, at least partial compensation for or elimination of property damage, if any has been incurred, and where:
1)the offender maintains the persons suffering from a grave illness or are disabled and no one else can look after them, or
2)the offender maintains young children and there would be no one to look after them if the penalty provided for by a law was imposed; or
3)the offender as an accomplice had only a secondary role in the commission of the criminal act; or
4)the act was discontinued at the stage of preparation to commit the crime or at the stage of an attempt to commit the criminal act; or
5)the act has been committed by exceeding the limits of self-defence, or
6)the act has been committed in violation of conditions of arrest of the person who has committed the criminal act, direct necessity, discharge of professional duty or performance of an assignment of law enforcement institutions, conditions of industrial or economic risk or lawfulness of a scientific experiment.
3.In the presence of the conditions indicated in paragraphs 1 and 2 of this Article, a court may:
1)impose a more lenient penalty than the minimum penalty provided for in the sanction of an article for a criminal act committed; or
2)impose a more lenient penalty than stipulated in paragraph 2 of Article 56 of this Code, or
3)impose a more lenient type of penalty than provided for in the sanction of an article for a criminal act committed.
4.A court may also, according to paragraph 3 of this Article, impose a more lenient penalty than provided for by a law upon a person who participated in the commission of a premeditated murder, where he makes a confession regarding all the criminal acts committed by him and actively assists in detecting a premeditated murder committed by members of an organised group or criminal association and where:
1)the murder has been committed as a result of a threat or coercion; or
2)the offender as an accomplice had only a secondary role in the commission of the murder, or
3)the act has been discontinued at the stage of preparation for the commission of the murder or at the stage of attempting to commit the murder.
Article 63Imposition of a Penalty for the Commission of Several Criminal Acts
1.Where several criminal acts have been committed, a court shall impose a penalty for each criminal act separately and subsequently impose a final combined sentence. When imposing a final combined sentence, the court may impose either a consolidated sentence or a fully or partially cumulative sentence.
2.Where a consolidated sentence is imposed, a more severe penalty shall cover a more lenient penalty and the final combined sentence shall be equal to the most severe penalty imposed for all the separate criminal acts.
3.Where a fully cumulative sentence is imposed, all more lenient sentences which have been imposed shall be added to the most severe penalty imposed for one of the committed criminal acts.
4.Where a partially cumulative sentence is imposed, more lenient penalties shall be added in part to the most severe penalty imposed for one of the committed criminal acts.
5.A court shall impose a consolidated sentence where:
1)there is a full concurrence of criminal acts;
2)where the committed criminal acts differ markedly in their degree of dangerousness and are assigned to different types or categories of criminal acts according to Articles 10 or 11 of this Code;
3)where a custodial sentence for a period of twenty years or life imprisonment has been imposed for the commission of one of the criminal acts.
6.Where imposing a final sentence a part of the imposed sentences may be consolidated, whereas others may only be fully or partially accumulated, a court shall combine sentences by way of consolidation and accumulation of sentences. A court shall make a choice of the procedure for combining sentences upon assessing the nature and dangerousness of the committed criminal acts.
7.When a penalty is imposed according to paragraph 1 of this Article, a final combined sentence may not exceed twenty years of imprisonment, whereas in the cases when a penalty of another type is imposed – the maximum measure of penalty of that type as stipulated by this Code.
8.A court may not impose a combined sentence of a type which has not been imposed for the individual criminal acts.
9.A penalty shall be imposed according to the rules stipulated in this Article also in the cases when following the passing of a judgement it is established that a person had committed one more crime or misdemeanour prior to the passing of the judgement in the first case. In this case, the fully or partially served sentence imposed by the previous judgement shall be included in the term of the sentence.
10.A person shall not be considered to have committed several criminal acts where he has committed a continuous criminal act.
Article 64Imposition of a Penalty in the Event of Commission of a New Criminal Act before a Sentence is Served
1.Where a convicted person commits a new criminal act before serving an imposed sentence, or where a person who has been given a suspended sentence commits a new criminal act during the period of suspension of the sentence, or where a person released on parole commits a new criminal act during the undischarged term of the sentence, a court shall impose a combined sentence upon imposing a penalty for the new crime or misdemeanour. When imposing a combined sentence, the court may impose a fully or partially cumulative sentence.
2.When imposing a fully cumulative sentence, a court shall add the entire part of the sentence not served yet to a penalty imposed by a new judgement.
3.When imposing a partially cumulative sentence, a court shall add a part of the undischarged term of a sentence not served yet to a penalty imposed by a new judgement. Where the part of the undischarged term of the sentence is larger, a part of the penalty imposed by the new judgement shall be added to the former part.
4.When a penalty is imposed according to paragraph 1 of this Article, a combined sentence may not exceed twenty-five years of imprisonment, whereas in the cases when a penalty of another type is imposed – the maximum measure of penalty of that type as stipulated by this Code.
5.Where a penalty of life imprisonment is imposed for one of the crimes committed, sentences shall be combined by consolidation and the combined sentence shall be life imprisonment.
Article 65Rules of Cumulation of Sentences and Replacement of Penalties
1.The cumulation of imposed sentences as well as replacement of some penalties with others shall be governed by the following rules:
1)one day of imprisonment shall be held equivalent to:
a)one day of arrest (1:1);
b)two days of restriction of liberty (1:2);
2)one day of arrest shall be held equivalent to:
a)a fine in the amount of 2 MSLs (1:2);
b)six hours of community service (1:6);
c)two days of restriction of liberty (1:2);
3)one day of restriction of liberty shall be held equivalent to:
a)three hours of community service (1:3);
b)a fine in the amount of 1 MSL (1:1);
4)a fine in the amount of 1 MSL shall be held equivalent to six hours of community service.
2.When imposing a combined sentence in the cases provided for in Articles 63 and 64 of this Code, a court shall replace a more severe penalty with a more lenient one. A fine may not be substituted and shall be imposed in conjunction with another penalty. Double replacement of penalties shall be prohibited.
Article 66Inclusion of the Period of Remand in a Penalty Imposed
1.When imposing a penalty upon a person subject to remand/arrest, a court must include this period in the term of an imposed penalty.
2.The period of remand/arrest shall be included in the term of an imposed penalty in accordance with the rules set forth in paragraph 1 of Article 65 of this Code, where one day of remand/arrest shall be held equivalent to one day of imprisonment or arrest, a fine in the amount of two MSLs, six hours of community service, two days of restriction of liberty.
CHAPTER IX
PENAL SANCTIONS AND IMPOSITION THEREOF
Article 67Purpose and Types of Penal Sanctions
1.Penal sanctions must assist in implementing the purpose of a penalty.
2.An adult person released from criminal liability on the grounds provided for in Chapter VI of this Code or released from a penalty on the grounds provided for in Chapter X of this Code may be subject to the following penal sanctions:
1)prohibition to exercise a special right;
2)compensation for or elimination of property damage;
3)unpaid work;
4)payment of a contribution to the fund of crime victims;
5)confiscation of property;
6)prohibition to approach the victim;
7)participation in the programmes addressing violent behaviour.
3.Prohibition to exercise a special right, confiscation of property, prohibition to approach the victim, participation in the programmes addressing violent behaviour may be imposed in conjunction with a penalty.
4.A minor released from criminal liability on the grounds provided for in Chapter VI or Chapter XI of this Code or released from a penalty on the grounds provided for in Chapter X of this Code may be subject to confiscation of property.
5.A legal entity may be subject to confiscation of property.
6.When imposing two or more penal sanctions, the compatibility of the sanctions and the possibility of their corrective effect upon the convicted person must be taken into consideration.
Article 68Prohibition to Exercise a Special Right
1.A court may prohibit a person from exercising special rights (the right to drive land vehicles, air- or water-borne vehicles, the right to hold and carry a weapon, the right to hunt, the right to fish, etc.) in the cases when a person committed a criminal act while exercising these rights.
2.A court shall prohibit the exercise of special rights for a period from one year up to three years. The term shall be counted in years, months and days.
3.When prohibiting a person from exercising special rights, a court shall specify which right or rights he is prohibited from exercising as well as the term of validity of such a prohibition.
Article 69Compensation for or Elimination of Property Damage
1.A court shall order compensation for or elimination of property damage when damage has been caused to a person, property or the natural environment as a result a crime or misdemeanour.
2.The amounts received by the victim from insurance or other institutions to cover the damage incurred shall not be included in the amount of the damage to be compensated for.
3.Damage must be compensated for or eliminated within a time limit laid down by a court.
Article 70Unpaid Work
1.A court shall order performance of 20 up to 100 hours of unpaid work at health care, social care and guardianship or other state or non-state bodies and organisations. When imposing unpaid work, a court shall lay down a time limit for performance thereof. This term may not be longer than one year.
2.Unpaid work shall be performed only subject to the consent of a person.
Article 71Payment of a Contribution to the Fund of Crime Victims
A court may order payment of a contribution in the amount from 5 up to 25 MSLs to the fund of crime victims. The contribution must be paid within a time limit laid down by the court.
Article 72Confiscation of Property
1.Confiscation of property shall be the compulsory uncompensated taking into the ownership of a state of any form of property subject to confiscation and held by the offender, his accomplice or other persons.
2.Confiscation of property shall be applicable only in respect of the property used as an instrument or a means to commit a crime or as the result of a criminal act. A court must confiscate:
1)the money or other items of material value delivered to the offender or his accomplice for the purpose of commission of the criminal act;
2)the money and other items of material value used in the commission of the criminal act;
3)the money and other items of material value obtained as a result of the commission of the criminal act.
3.The property transferred to other natural or legal persons shall be confiscated regardless of whether or not those persons are subject to criminal liability, where:
1)the property has been transferred to them for the purpose of commission of a criminal act;
2)when acquiring the property, they were aware, or ought to have been aware and could have been aware that this property, money or the valuables newly acquired by means thereof have been gained from of a criminal act.
4.The property transferred to other natural or legal persons may be confiscated regardless of whether or not a person who has transferred the property is subject to criminal liability, where this person ought to and could have been aware that that property may be used for the commission of a serious or grave crime.
5.Where the property which is subject to confiscation has been concealed, consumed, belongs to third parties or cannot be taken for other reasons, a court shall recover from the offender, his accomplices or other persons indicated in paragraphs 2, 3 and 4 of this Article a sum of money equivalent to the value of the property subject to confiscation.
6.Minors shall be subject only to the compulsory confiscation of property provided for in paragraphs 2 and 3 of this Article.
7.When ordering confiscation of property, a court must specify the items subject to confiscation or the monetary value of the property subject to confiscation.
Article 721Prohibition to Approach the Victim
1.A court may impose a prohibition to approach the victim where this is necessary with a view to protecting the legitimate interests of the victim.
2.Upon imposition of prohibition to approach the victim, the offender shall be prohibited, until the expiry of a time limit laid down by a court, from communicating and seeking contacts with the victim, visiting the indicated places at which the victim is usually present.
3.Upon imposition of prohibition to approach the victim and where the offender and the victim share the same residential premises, a court shall place the offender under the obligation to reside separately until the expiry of a time limit laid down by the court or until solving of the issue of granting of the right to live in those residential premises to the victim or to the offender.
Article 722Participation in the Programmes Addressing Violent Behaviour
A court shall place under the obligation to participate in violence correction programmes the persons who have committed criminal acts in respect of a close relative or family member. This instruction must be complied with within a time limit laid down by the court.
Article 73Imposition of Penal Sanctions
1.A court shall impose penal sanctions in compliance with provisions of this Chapter.
2.Penal sanctions shall not be combined with penalties and shall be executed separately.
Article 74Legal Consequences of Non-Compliance with Penal Sanctions
1.Any penal sanction imposed by a court and provided for in subparagraphs 2, 3 and 4 of paragraph 2 of Article 67 of this Code which the person cannot comply with for valid reasons may, at his request, be replaced with another penal sanction. Where a person does not give his consent to perform unpaid work following the coming into effect of a court judgement, the court shall, on the recommendation of the institution executing the penal sanction, replace unpaid work with another penal sanction.
2.In respect of a person who evades compliance with the penal sanction imposed upon him (with the exception of property confiscation), a court may, on the recommendation of the institution executing the penalty, impose a penalty according to Article 243 of this Code. In this case, imposition of the penalty shall not release the convict from the duty to comply with the imposed penal sanction.
CHAPTER X
SUSPENSION OF A SENTENCE AND RELEASE FROM A PENALTY
Article 75Suspension of a Sentence
1.Where a person is sentenced to imprisonment for a term not exceeding three years for the commission of one or several minor or less serious premeditated crimes or not exceeding six years for the crimes committed through negligence, a court may suspend the imposed sentence for a period ranging from one to three years. The sentence may be suspended where the court rules that there is a sufficient basis for believing that the purpose of the penalty will be achieved without the sentence actually being served.
2.When suspending a sentence, a court shall impose on the convict a penal sanction provided for in Chapter IX of this Code and/or one or more of the following mandatory injunctions:
1)to compensate for or eliminate the property damage incurred by a crime;
2)to offer an apology to the victim;
3)to provide assistance to the victim during the latter’s medical treatment;
4)to take up employment or register at a labour exchange, not to change employment without the consent of the court;
5)to undertake studies, resume studies or acquire a specialty;
6)to undergo a treatment against alcohol addition, drug addiction, addiction to toxic substances or a sexually transmitted disease, where the convict agrees therefor;
7)not to leave his place of residence for a period exceeding seven days without the consent of the institution supervising suspension of the sentence.
3.When imposing the mandatory injunctions provided for in paragraph 2 of this Article, a court shall lay down a time limit within which the convict must comply therewith.
4.Where, during the period of suspension of sentence, the convicted person:
1)complied with the penal sanction and/or the mandatory injunctions imposed by a court, committed no violations provided for in subparagraph 3 of this paragraph, and there is a basis for believing that in the future the person will abide by the law and will not commit any further criminal acts, the court shall release the convicted person from a penalty upon the expiry of the term of suspension of sentence;
2)complies with the penal sanction and/or mandatory injunctions imposed by the court, however committed other offences and was imposed administrative penalties or disciplinary sanctions, the court may extend the period of suspension of the sentence for one year;
3)fails, without valid reasons, to comply with the penal sanction and/or mandatory injunctions imposed by the court or violates public order, abuses alcohol or commits other offences for which administrative penalties or disciplinary sanctions have been imposed upon him at least twice, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, warn the convicted person that suspension of the sentence may be revoked. Where the convicted person further fails to comply with the penal sanction and/or mandatory injunctions imposed by the court or commits offences, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, rule on the revocation of suspension of the sentence and execution of the sentence;
4)commits a new criminal act, the court shall impose a penalty upon him according to the rules provided for in Article 64 of this Code.
Article 76Release from a Penalty due to an Illness
1.A person who committed a criminal act may be released from a penalty where, before a judgement is passed by a court, he contracts a terminal illness rendering him unable to serve the sentence. In such a case, the court shall, when passing a judgement of conviction, impose a penalty upon this person and release him from serving the sentence The court shall decide this issue taking into consideration the gravity of the committed criminal act, the personality of the convicted person and the nature of the illness.
2.A person who contracts a terminal illness following the passing of a judgement may be released from serving the undischarged term of the sentence. The court shall decide this issue taking into consideration the gravity of the committed criminal act, the personality of the convicted person, his conduct while serving the sentence, the nature of the illness and the period of the sentence already served.
3.A person who, following the commission of a criminal act or imposition of a penalty, starts to suffer from a mentally disorder rendering him incapable of understanding the nature of his actions or controlling them shall be released from serving the undischarged term of the sentence. When releasing this person from a penalty, the court shall decide whether to subject him to compulsory medical treatment. In the event of convalescence of this person, he may be ordered to serve the undischarged term of the sentence. In such a case, the period during which the person was undergoing compulsory medical treatment shall be included in the term of imprisonment on a day-for-day basis.
Article 77Release from a Custodial Sentence on Parole and Replacement of the Undischarged Term of the Custodial Sentence with a More Lenient Penalty
1.A court may release a person serving a custodial sentence on parole or substitute the undischarged term of the custodial sentence with a more lenient penalty (with the exception of a fine), where this person:
1)has served:
a)at least one half of the imposed sentence for a negligent or minor or less serious premeditated crime; or
b)at least two thirds of the imposed sentence for a serious crime; or
b)at least three fourths of the imposed sentence for a grave crime, or where the person is a repeat offender; or
d)at least one third of the imposed sentence for a negligent or minor or less serious premeditated crime committed by a pregnant woman, also a single father (mother) raising a child under the age of seven years or two or more minor children, where his (her) parental powers have not been restricted by a court in respect of these children;
2)has fully compensated for the property damage incurred by a crime or has compensated for or eliminated a part thereof and has undertaken to fully compensate for or eliminate it over the undischarged term of the sentence;
3)proved by his conduct and work during the period of serving the custodial sentence that he may be released on parole or his custodial sentence may be replaced with a more lenient penalty.
2.When releasing a person on parole, a court may impose one or more mandatory injunctions provided for in paragraph 2 of Article 75 of this Code. The court shall also lay down a time limit within which the convicted person must comply with the imposed mandatory injunctions. This period may not exceed the undischarged term of the sentence.
3.Release on parole and replacement of the undischarged term of the custodial sentence with a more lenient penalty shall not apply to:
1)a dangerous repeat offender;
2)a person sentenced to life imprisonment;
3)a person who had already been released on parole and committed a new premeditated crime during the undischarged term of the sentence.
4.Where a person released on parole from a custodial sentence has complied with the mandatory injunctions imposed by a court and had not committed the violations provided for in paragraph 5 of this Article until the expiry of the term of the custodial sentence, he shall be considered to have served the sentence.
5.Where a person released on parole from a custodial sentence fails, without valid reasons, to comply with the mandatory injunctions imposed by a court or violates public order, abuses alcohol or commits other offences for which administrative penalties or disciplinary sanctions have been imposed upon him at least twice, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, warn the convicted person that release on parole from the custodial sentence may be revoked. Where, having been warned, the convicted person further fails to comply with the mandatory injunctions imposed by the court or commits offences, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, rule on the revocation of release on parole from the custodial sentence and serving of the undischarged term of the sentence.
6.Where a person released on parole from a custodial sentence or a person in respect of whom a custodial sentence has been replaced with a more lenient penalty commits a new criminal act during the undischarged term of the sentence, a court shall impose a penalty upon him according to the rules provided for in Article 64 of this Code.
Article 78Amnesty
1.A person who commits a criminal act may be released from serving the entire or a part of the sentence by an amnesty act passed by the Seimas.
2.The grounds for, conditions of and procedure for granting amnesty shall be laid down in the act of amnesty.
Article 79Clemency
1.A convicted person may be released from serving the entire or a part of the sentence where the President of the Republic grants his clemency plea.
2.The procedure for granting clemency shall be laid down by the President of the Republic.
CHAPTER XI
PECULIARITIES OF CRIMINAL LIABILITY OF MINORS
Article 80Purpose of Peculiarities of Criminal Liability of Minors
Peculiarities of criminal liability of minors as provided for in this Chapter and paragraphs 2 and 3 of Article 13, paragraph 4 of Article 27 and paragraph 4 of Article 97 of this Code shall have the following purpose:
1)to ensure correspondence of liability to the age and social maturity of these persons;
2)to restrict the possibilities of imposition of a custodial sentence and broaden the possibilities of imposition of reformative sanctions against these persons;
3)to help a minor to alter his manner of living and conduct by co-ordinating a penalty for the committed criminal act with the development and education of his personality and elimination of reasons for the unlawful conduct;
4)to prevent a minor from committing new criminal acts.
Article 81Application of Provisions of the Chapter
1.Provisions of this Chapter shall apply to the persons who were under the age of 18 years at the time of commission of a criminal act.
2.Provisions of Articles 90-94 of this Code, also the reformative sanctions provided for in subparagraphs 1, 2, 3 and 5 of paragraph 1 of Article 82 may be applied against a person who was of the age of 18 years at the time of commission of a criminal act, however was below the age of 21 years where a court, having taken into consideration the nature of and reasons for the committed criminal act as well as other circumstances of the case, and, where necessary, clarifications or conclusion of a specialist, decides that such a person is equal to a minor according to his social maturity and application of peculiarities of criminal liability against him would correspond to the purpose provided for in Article 80 of this Code.
Article 82Reformative Sanctions against Minors
1.A minor who has committed a misdemeanour or crime and has been released from criminal liability or a penalty may be subject to the following reformative sanctions:
1)a warning;
2)compensation for or elimination of property damage;
3)unpaid reformative work;
4)placement for upbringing and supervision with parents or other natural or legal persons caring for children;
5)restriction on conduct;
6)placement in a special reformative facility.
2.A court may impose against a minor not more than three mutually compatible reformative sanctions.
3.(Repealed).
Article 83Warning
1.A warning may be issued to a minor as an independent reformative sanction or in conjunction with other such sanctions.
2.When imposing against a minor this reformative sanction, a court shall state to him in writing the possible legal consequences ensuing from the commission of new criminal acts.
Article 84Compensation for or Elimination of Property Damage
1.Compensation for or elimination of property damage shall be ordered only when a minor has resources which he can independently dispose of or when he is capable of eliminating the damage by his own work.
2.Property damage must be compensated for or eliminated by one’s work within a time limit laid down by a court.
Article 85Unpaid Reformative Work
1.Unpaid reformative work shall be imposed for a period of 20 up to 100 hours to be performed at health care, custody and guardianship or other state or non-state bodies and organisations, work at which may be of a reformative character.
2.Unpaid reformative work shall be performed subject to the consent of a minor.
3.Unpaid work may not be imposed against a minor where he is placed in a special reformative facility.
Article 86Placement for Upbringing and Supervision with Parents or Other Natural or Legal Persons Caring for Children
1.Placement for upbringing and supervision with parents or other natural or legal persons caring for children shall be ordered for a period from six months up to three years, but not after a minor reaches the age of 18 years.
2.The sanction indicated in paragraph 1 of this Article may be imposed in the cases when:
1)the parents or other persons agree to bring up and supervise the minor, have no negative influence on the minor themselves, have a possibility to provide favourable conditions for the development of his personality and agree to provide the necessary information to the institutions supervising the execution of the above sanction;
2)the minor agrees that the indicated persons bring him up and supervise him and promises to obey them and behave properly.
3.Placement for upbringing and supervision with parents or other persons may be ordered for a minor as an independent sanction or in combination with other reformative sanctions. This sanction may not be imposed where the minor is placed in a special reformative facility.
Article 87Restriction on Conduct
1.A restriction on conduct may be imposed for a term from thirty days up to twelve months. The term of this sanction shall be counted in days and months.
2.A court may impose the following mandatory injunctions upon a minor:
1)to be at home at a certain time;
2)to study, resume studies or take up employment;
3)to acquire certain knowledge or learn prohibitions (traffic safety regulations, school student’s regulations, etc.);
4)to undergo a complete course of treatment against alcohol addition, drug addiction, addiction to toxic substances or a sexually transmitted disease. This mandatory injunction shall be imposed at the request of parents or guardians subject to the consent of the minor;
5)to participate in the social education or rehabilitation measures organised by state or non-state bodies and organisations.
3.A court may impose upon a minor the following prohibitive injunctions:
1)not to gamble;
2)not to engage in a certain type of activities;
3)not to drive a motor vehicle (motorcycle, self-propelled vehicle, etc.);
4)not to visit the places that have a negative effect on the behaviour of the minor, or not to communicate with the people who exert a negative influence on him;
5)not to change his place of residence without giving a notice to the institutions supervising execution of this sanction.
4.A minor must, in accordance with the established procedure, give an account of his compliance with mandatory and prohibitive injunctions.
5.A restriction on a minor’s conduct may be imposed against the minor as an independent reformative sanction or in conjunction with other such sanctions. This sanction may not be imposed where a minor is placed in a special reformative facility.
Article 88Placement in a Special Reformative Facility
1.The term for placement in a special reformative facility may be fixed for a period of six months up to three years, but not for longer than until a minor reaches the age of 18 years.
2.The specific term of placement into a special reformative facility shall be laid down by a court upon taking into consideration the personality of the minor, the repetitive character of his criminal conduct, the type of sanctions previously applied, and other circumstances of the case.
3.Placement in a special reformative facility may be ordered in respect of a minor as an independent sanction or in combination with a warning or compensation for or elimination of property damage.
Article 89Legal Consequences of Non-Compliance with Reformative Sanctions
1.Where a minor against whom a reformative sanction has been imposed fails to comply or complies inappropriately with the sanction and for this reason has been warned at least twice, a court may, on the recommendation of the institution supervising the execution of this sanction, replace that sanction with any other reformative sanction, with the exception of placement in a special reformative facility.
2.Where a minor against whom two or three reformative sanctions have been imposed fails to comply or complies inappropriately with the sanctions and for this reason has been warned at least twice, a court may, on the recommendation of the institution supervising the execution of these sanctions, replace them with other reformative sanctions, including placement in a special reformative facility.
Article 90Special Features of the Penalties Imposed upon Minors
1.A minor may be subject solely to the following penalties:
1)community service;
2)a fine;
3)restriction of liberty;
4)arrest;
5)fixed-term imprisonment.
2.Minors may not be imposed more than 240 hours of community service.
3.A fine may be imposed only against a minor already employed or possessing his own property. A minor may be subject to a fine in the amount of 3 up to 50 MSLs.
4.A minor may be subject to arrest for a period of five up to forty-five days.
5.The period of a custodial sentence in respect of a minor may not exceed ten years.
Article 91Special Features of Imposition of a Penalty upon a Minor
1.A court shall impose a penalty upon a minor according to the basic principles of imposition of penalties and the special features provided for in this Chapter.
2.In imposing a penalty upon a minor, a court shall, in addition to the circumstances listed in paragraph 2 of Article 54 of this Code, take into consideration the following:
1)the living and upbringing conditions of the minor;
2)the state of health and social maturity of the minor;
3)previously imposed sanctions and effectiveness thereof;
4)the minor’s conduct following the commission of a criminal act.
3.A court may impose a fixed-term imprisonment upon a minor where there is a basis for believing that another type of penalties is not sufficient to alter the minor’s criminal dispositions, or where the minor has committed a serious or grave crime. In the event of imposition of a custodial sentence against a minor, the minimum penalty shall be equal to one half of the minimum penalty provided for by the sanction of an article of this Code according to which the minor is prosecuted.
Article 92Suspension of a Sentence in Respect of a Minor
1.Where a minor is sentenced to imprisonment for one or several crimes committed through negligence or to imprisonment for a term not exceeding four years for the commission of one or several premeditated crimes, a court may suspend the imposed sentence for a period ranging from one to three years. The sentence may be suspended where the court rules that there is a sufficient basis for believing that the purpose of the penalty will be achieved without the sentence actually being served.
2.When suspending a sentence, a court shall impose against a minor one or several reformative sanctions, with the exception of placement in a special reformative facility.
3.Where, during the period of suspension of a sentence, a convicted minor:
1)complied with the reformative sanctions imposed by a court, committed no violations provided for in subparagraph 3 of this paragraph, and there is a basis for believing that in the future the person will abide by the law and will not commit new criminal acts, the court shall release the convicted person from a penalty upon the expiry of the period of suspension of the sentence;
2)complies with the reformative sanctions imposed by the court, however committed other offences and was imposed administrative penalties or disciplinary sanctions, the court may extend the period of suspension of the sentence for one year;
3)fails, without valid reasons, to comply with the reformative sanctions imposed by the court or violates public order, abuses alcohol or commits other offences for which administrative penalties or disciplinary sanctions have been imposed upon him at least twice, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, warn the convicted person that suspension of the sentence may be revoked. Where, having been warned, the convicted person further fails to comply with the reformative sanctions imposed by the court or commits offences, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, rule on the revocation of suspension of the sentence and execution of the sentence;
4)commits a new criminal act, the court shall impose a penalty upon him according to the rules provided for in Articles 64, 90 and 91 of this Code.
Article 93Release of a Minor from Criminal Liability
1.A minor who commits a misdemeanour, or a negligent crime, or a minor or less serious premeditated crime for the first time may be released by a court from criminal liability where he:
1)has offered his apology to the victim and has compensated for or eliminated, fully or in part, the property damage incurred by his work or in monetary terms; or
2)is found to be of diminished capacity; or
3)pleads guilty and regrets having committed a criminal act or there are other grounds to believe that in the future the minor will abide by the law and will not commit new criminal acts.
2.Having released a minor from criminal liability on the grounds provided for in paragraph 1 of this Article, a court shall impose against him the reformative sanctions provided for in Article 82 of this Code.
Article 94
Release on Parole from a Custodial Sentence of a Person under the Age of 18 Years at the Time of Commission of a Criminal Act and Replacement of the Custodial Sentence in Respect Thereof with a More Lenient Penalty 1. A court may release on parole a person serving a custodial sentence for a criminal act at the time of commission whereof he was under the age of 18 years or a person who, according to paragraph 2 of Article 81 of this Code, was subject to special features of criminal liability of minors or replace this sentence with a more lenient penalty (with the exception of a fine) where:
1)the person has served:
a)at least one half of the imposed sentence for a negligent or minor or less serious premeditated crime; or
b)at least two thirds of the imposed sentence for a serious or grave crime;
2)the person has fully compensated for or eliminated the property damage incurred or has compensated for or eliminated a part thereof and has undertaken to fully compensate for or eliminate it over the undischarged term of the sentence or a more lenient penalty imposed;
3)the person’s conduct, learning and/or and work during the period of serving the custodial sentence proves that he may be released on parole or the custodial sentence may be replaced with a more lenient penalty.
2.When releasing on parole from a custodial sentence the person indicated in paragraph 1 of this Article, a court may impose one or more mandatory or prohibitive injunctions provided for in Article 87 of this Code. The court shall also lay down a time limit within which the person must perform the indicated mandatory injunctions and comply with the indicated prohibitive injunctions. This period may not exceed the undischarged term of the sentence.
3.Where a person released on parole from a custodial sentence has complied with the mandatory injunctions imposed by a court and has not violated the specified prohibitive injunctions until the expiry of the term of the custodial sentence, he shall be considered to have served the sentence.
4.Where a person released on parole from a custodial sentence fails, without valid reasons, to comply with the mandatory injunctions imposed by a court or violates the imposed prohibitive injunctions, the court shall, on the recommendation of the institution supervising the conduct of the person, warn him that release on parole from the custodial sentence may be revoked. Where, having been warned, the person further fails to comply with the mandatory injunctions imposed by the court or violates the imposed prohibitive injunctions, the court shall, on the recommendation of the institution supervising the conduct of that person, rule on the revocation of release on parole from the custodial sentence and serving of the undischarged term of the sentence.
5.Where a person released on parole from a custodial sentence or a person in respect of whom a custodial sentence has been replaced with a more lenient penalty commits a new criminal act during the undischarged term of the sentence, a court shall impose a penalty against him according to the rules specified in Article 64 of this Code.
CHAPTER XII
STATUTE OF LIMITATIONS OF CRIMINAL LIABILITY
Article 95Statute of Limitations of a Judgement of Conviction
1.A person who has committed a criminal act may not be subject to a judgement of conviction where:
1)the following period has lapsed:
a)two years, in the event of commission of a misdemeanour;
b)five years, in the event of commission of a negligent or minor premeditated crime;
c)eight years, in the event of commission of a less serious premeditated crime;
d)ten years, in the event of commission of a serious crime;
e)fifteen years, in the event of commission of a grave crime;
f)twenty years, in the event of commission of a crime relating to a premeditated homicide;
2)during the period laid down in subparagraph 1 of paragraph 1 of this Article, the person did not hide from pre-trial investigation or a trial and did not commit a new criminal act.
2.The statute of limitations shall be calculated from the commission of a criminal act until the passing of a judgement.
3.Where the person who has committed a criminal act hid from pre-trial investigation or a trial, the calculation of the statute of limitations shall cease. The calculation of the statute of limitations shall resume from the day when the person is arrested or when he arrives to serve the sentence and confesses to commission of a crime. However, a judgement of conviction may not be passed where fifteen years have lapsed since the commission of the crime by the person and twenty years have lapsed since the commission of a crime relating to a premeditated homicide, and calculation of the statute of limitations has not ceased due to commission of a new crime.
4.Where a person commits a new criminal act before the expiry of the terms indicated in this Article, the calculation of the statute of limitations shall cease. In such a case, the calculation of the statute of limitations in respect of the first criminal act shall commence from the day when a new crime or misdemeanour was committed.
5.The following crimes provided for in this Code shall have no statute of limitations:
1)genocide (Article 99);
2)treatment of persons prohibited under international law (Article 100);
3)killing of the persons protected under international humanitarian law (Article 101);
4)deportation of civilians of an occupied state or transfer of the civilian population of an occupying state (Article 102);
5)causing bodily harm to, torture or other inhuman treatment of the persons protected under international humanitarian law (Article 103);
6)violation of norms of international humanitarian law concerning protection of civilians and their property in time of war (Article 104);
7)forcible use of civilians or prisoners of war in the armed forces of the enemy (Article 105);
8)destruction of protected objects or plunder of national valuable properties (Article 106);
9)aggression (Article 110);
10)prohibited military attack (Article 111);
11)use of prohibited means of warfare (Article 112).
Article 96Statute of Limitations for Execution of a Judgement of Conviction
1.A judgement of conviction shall not be executed where:
1)it has not been executed:
a)within two years following imposition of a penalty for a misdemeanour; or
b)within three years following imposition of a non-custodial sentence or a custodial sentence for a term not exceeding two years; or
c)within five years following imposition of a custodial sentence for a term not exceeding five years; or
d)within ten years following imposition of a custodial sentence for a term not exceeding ten years; or
e)within fifteen years following imposition of a custodial sentence for a term exceeding ten years or imposition of the sentence of life imprisonment, and
2)during the period specified in subparagraph 1 of paragraph 1 of this Article, the convicted person did not evade the serving of the sentence and did not commit a new criminal act.
2.The statute of limitations for execution of a judgement of conviction shall be calculated from the coming into effect of the judgement until the commencement of execution of the judgement.
3.Where, after a judgement becomes effective, the convicted person evades the serving of the sentence, the calculation of the statute of limitations shall cease. In this case, the calculation of this period shall resume from the day the convicted person arrives to serve the sentence or is arrested. However, a judgement may not be executed where fifteen years have lapsed since its coming into effect, and twenty years have lapsed in the case of imposition of a custodial sentence for a period exceeding ten years or of a life imprisonment, and calculation of the statute of limitations has not ceased due to commission of a new criminal act.
4.Where the convicted person commits a new criminal act before the expiry of the statute of limitations for execution of a judgement of conviction, the calculation of the statute of limitations shall cease. In this case, calculation of the statute of limitations for execution of the judgement of conviction shall commence from the commission of a new crime or misdemeanour.
5.When imposing a penalty for a new criminal act, a court shall act in compliance with the rules stipulated in Article 64 of this Code.
CHAPTER XII
PREVIOUS CONVICTION