2009-04-04
Article 292. Production, Purchase, Processing, Storage, Transportation, Use, or
Neutralization of Explosive Substances or of Radioactive Materials
(1) The production, purchase, processing, storage, transportation, use, or neutralization of
explosive substances or radioactive materials without proper authorization or any other illegal
operations on their circulation shall be punished by a fine in the amount of 300 to 800
conventional units or by imprisonment for up to 5 years, whereas a legal entity shall be
punished by a fine in the amount of 3000 to 5000 conventional units with the deprivation of
the right to practice certain activities or by the liquidation of the legal entity.
(11) The same acts committed with nuclear material provided that such acts create the danger
of causing death or severe bodily injury, damage to health, or vital damage to property or to
the environment shall be punished by a fine in the amount of 600 to 1000 conventional units
or by imprisonment for 3 to 7 years, whereas a legal entity shall be punished by a fine in the
amount of 6000 to 8000 conventional units with the deprivation of the right to practice certain
activities or by the liquidation of the legal entity.
(2) The acts set forth in par. (1) or (11) that cause by imprudence:
a) the death of a person;
b) other severe consequences;
shall be punished by imprisonment for 5 to 10 years, whereas a legal entity shall be punished
by a fine in the amount of 7000 to 10,000 conventional units and by the liquidation of the
legal entity.
[Art.292 amended by Law No. 136-XVI dated 19.06.2008, in force as of 08.08.2008]
[Art.292 amended by Law No. 184-XVI dated 29.06.2006, in force as of 11.08.2006]
Article 295. Theft of Radioactive Material or Devices or Nuclear Installations, the
Threat of Theft, or Requests to Transmit Such Materials, Devices, or Installations
(1) The theft of radioactive material or devices or of a nuclear installation shall be punished
by imprisonment for 4 to 8 years with (or without) the deprivation of the right to hold certain
positions or to practice certain activities for 2 to 5 years.
(2) Request to transmit radioactive material or devices or a nuclear installation involving the
threat of violence or another form of intimidation shall be punished by imprisonment for 3 to
7 years.
(3) The actions set forth in par. (1) or (2) committed:
a) by two or more persons;
b) with the use of an official position;
c) with violence not dangerous to the life and health of a person;
shall be punished by imprisonment for 6 to 12 years with (or without) the deprivation of the
right to hold certain positions or to practice certain activities for 2 to 5 years.
(4) An attack against a person aimed at stealing radioactive material or devices or a nuclear
installation involving violence dangerous to the life and health of the person attacked or the
threat of such violence shall be punished by imprisonment for 6 to 12 years.
(5) The actions set forth in par. (4) committed:
a) by two or more persons;
b) using weapons or other objects used as weapons;
c) causing severe bodily injury or damage to health;
shall be punished by imprisonment for 10 to 17 years.
(6) The actions set forth in par. (1), (2), (3), (4) or (5) committed:
a) by an organized criminal group or a criminal organization or for the benefit thereof;
b) on a large or especially large scale;
shall be punished by imprisonment for 12 to 20 years.
(7) The threat of theft of radioactive material or devices or of a nuclear installation in order to
force the state, international organization, legal entity or individual to commit or to refrain
from committing an action shall be punished by imprisonment for 2 to 5 years.
[Art.295 amended by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
[Art.295 in version of Law No. 136-XVI dated 19.06.2008, in force as of 08.08.2008]
[Art.295 amended by Law No. 184-XVI dated 29.06.2006, in force as of 11.08.2006]
Article 2951. Possession, Production or Use of Radioactive Material or Devices or
Nuclear Installations
(1) The possession of radioactive material or the production or possession of a radioactive
device in order to cause death or severe bodily injury or damage to health or vital damage to
property or to the environment shall be punished by imprisonment for 10 to 15 years with the
deprivation of the right to hold certain positions or to practice certain activities for 2 to 5
years.
(2) The use by any method of radioactive material or devices or a nuclear installation
involving emissions or the danger of emissions from the radioactive material committed in
order to:
a) cause death, severe bodily injury, damage to health, vital damage to property or to the
environment;
b) force the state, international organization, legal entity, or individual to commit or
refrain from committing an action;
shall be punished by imprisonment for 15 to 20 years with the deprivation of the right to hold
certain positions or to practice certain activities for 3 to 5 years.
(3) A threat to commit an act set forth in par. (2) shall be punished by imprisonment for 2 to 5
years.
[Art.2951 introduced by Law No. 136-XVI dated 19.06.2008, in force as of 08.08.2008]
Article 2952. Attack against a Nuclear Installation
(1) Attacks against a nuclear installation or against a nuclear installation’s operations shall be
punished by imprisonment for 5 to 10 years.
(2) The same action committed:
a) by two or more persons;
b) with violence dangerous to the life and health of the person,
c) using a weapon or other objects used as weapons;
shall be punished by imprisonment for 7 to 15 years.
(3) The actions set forth in par. (1) or (2):
a) involving exposure to radiation or the emission of radioactive substances;
b) causing other severe consequences;
shall be punished by imprisonment for 12 to 20 years.
(4) A threat to commit an action set forth in par. (1) shall be punished by a fine in the amount
of 300 to 600 conventional units or by community service for 180 to 240 hours or by
imprisonment for 2 to 5 years.
(5) A threat to commit an action set forth in par. (1) in order to force the state, international
organization, legal entity, or individual to commit or to refrain from committing an action
shall be punished by imprisonment for 2 to 5 years.
[Art.2952 introduced by Law No. 136-XVI dated 19.06.2008, in force as of 08.08.2008]
