Database of Legislation

Cybercrime
    Money laundering
    • Offences

      • • Conversion/transfer of proceeds of crime
        • Concealment/disguise of nature/ source/ location/… of proceeds of crime
        • Acquisition/possession/use of proceeds of crime
    Obstruction of Justice
    • Sectors

      • • Public officials
    • Offending Involves

      • • Physical force/threat/intimidation
    • In Order To

      • • Interfere with the exercise of official duties by a justice or law enforcement official
    Participation in an organized criminal group
    • Offences

      • • Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group
        • Participation in criminal activities of organized criminal group
        • Participation in other activities of organized criminal group
        • Agreement to commit a serious crime (conspiracy)
    Trafficking in firearms
    • Offences

      • • Illicit manufacturing
        • Illicit trafficking
    • Trafficking details

      • • Unauthorized import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts or components or ammunition
    • Item Types

      • • firearms
        • ammunition
        • parts/components
    Trafficking in persons
    • Offences

      • • Trafficking in persons (adults)
        • Trafficking in children (under 18 years)
    • Acts Involved

      • • Transfer
        • Recruitment/Hiring
        • Transportation
        • Buying/Purchasing/Selling
        • Harbouring
        • Receipt
    • Means Used

      • • Threat of the use of force or of other forms of coercion
        • Abduction
        • Fraud
        • Deception
        • Abuse of power or a position of vulnerability
        • Giving or receiving payments or benefits to achieve the consent of a person having control over another person
    • Exploitative Purposes

      • • Exploitation of the prostitution of others or other forms of sexual exploitation
        • Forced labour or services
        • Slavery or practices similar to slavery
        • Servitude
        • Removal of organs
    Crimes that affect the environment
    • Details

      • • Protected area/habitat
        • CITES protected species
        • Undocumented/unlicensed conduct
    Falsified medical products

    Penal Code

    Entry into Force Date:

    2009-03-31

     

    Adoption Date:

    2009-03-18

    Highlighted articles

    Article 55 - Mitigating Circumstances  

    Book I: General Part - Title I: Application of Criminal Law   Article 12   Single Chapter  

    Book I: General Part - Title I: Application of Criminal Law   Article 6-9   Single Chapter  

    Book II: Special Part - Title II: Crimes against Individuals   Article 161-166   Chapter III - Section I  

    Book II: Special Part - Title III: Crimes against Democratic Practice   Article 188-189   Chapter I  

    Book II: Special Part - Title III: Crimes against Democratic Practice   Article 211   Chapter III - Section I  

    Book II: Special Part - Title III: Crimes against Democratic Practice   Article 214   Chapter III - Section I  

    Book II: Special Part - Title III: Crimes against Democratic Practice   Article 217-220   Chapter III - Section II  

    Book II: Special Part - Title III: Crimes against Democratic Practice   Article 243   Chapter V  

    Book II: Special Part - Title IV: Crimes against Assets   Article 268-269   Chapter II  

    Money laundering   Article 313  

     

    UNTOC Articles

    • Organized Crime Convention

    • Article 5: Criminalization of participation in an organized criminal group
    • Article 10: Liability of legal persons
    • Article 11: Prosecution, adjudication and sanctions
    • Article 15: Jurisdiction
    • Article 23: Criminalization of obstruction of justice
    • Article 26: Measures to enhance cooperation with law enforcement authorities
    • Trafficking in Persons Protocol

    • Any Article
    • Smuggling of Migrants Protocol

    • Firearms Protocol

    • Article 5 Criminalization
       

      Cross-Cutting Issues

      • Jurisdiction

        • • Principle of territoriality (offences committed upon one state’s territory, even if the offender is a foreign citizen)
          • On board a ship/vessel flying its flag
          • On board an aircraft registered under its laws
          • Universal jurisdiction (jurisdiction is established over any person accused of committing grave international crimes e.g. piracy, war crimes, grave breaches of the Geneva Conventions)
          • Passive principle of nationality (offence committed outside its territory against its nationals)
          • Active principle of nationality (offence committed outside its territory by its nationals)
          • Effects doctrine (offence committed outside its territory over a conduct that produces substantial effects within the territory)
      • Liability

        • Liability of Legal Persons

          • • Criminal
       

      Attachments