Dutch Penal Code (1881, as amended 1994) (excerpts related to Fair Trial (Right to a)) (English)
The Dutch Penal Code
Adopted3rdMarch 1881, updated by amendments up to 1994
TITLE II
PUNISHMENTS
Article 9
1.Thepunishments comprise:
a.principal penalties:
(1)imprisonment;
(2)detention;
(3)communityservice
(4)fine;
b.additional penalties:
(1)deprivationof specific rights;
(2)committalto a State workhouse;
(3)forfeiture;
(4)publicationof thejudgement.
2. Where a penalty of imprisonment or a penalty of detention, other than detention as a substitute penalty is imposed, the judge may in addition impose a fine.
3. In cases in which the law allows the imposition of an additionalpenalty ,this penalty may be imposed either separately or in conjunction with principal penalties and in conjunction with other additional penalties.
[12-21-1994]
Article 9a
The judge may determine in thejudgementthat no punishment or measure shall be imposed, where he deems this advisable, by reason of the lack of gravity of the offense, the character of the offender, or the circumstances attendant upon the commission of the offense or thereafter .
[3-31-1983]
Article 10
1. Imprisonment shall be for life or a determinate period of imprisonment.
2. A determinate period of imprisonment is for a minimum of one day and a maximum of fifteen consecutive years.
3. In cases in which it is at the discretion of the judge to impose either a life sentence or a determinate term of imprisonment for a particular serious offense, or where an increase in punishment due to a concurrence of serious offenses, repeated serious offenses or the provisions of article 44 exceeds fifteen years, a term of not more than twenty consecutive years may be imposed.
4. A determinate period of imprisonment may in no instance exceed twenty years.
Article 11
The sentence of imprisonment shall be served either in association, in restricted association or in segregation, depending on the character of the convicted person.
[12-21-1951]
Article 12
Each person sentenced to imprisonment, as far as possible, shall be placed in an institution having the regime best suited to his character, the length of the term of imprisonment and the opportunity for his rehabilitation being taken into account.
[12-21-1951]
Article 12aRepealed.[12-21-1951]
Article 13
1. A person sentenced to imprisonment may be committed on an Entrustment Order to an institution for the treatment of persons maintained in whole or in part by the Ministry of Justice, where he is eligible for committal by reason of mental defect or mental disease; articles37c, 37dand37eare applicable in such case.
2. Committal and release shall be governed by rules to be laid down by General Administrative Order and shall take place by order of the Minister of Justice issued upon a reasoned, dated and signed opinion by no fewer than two behavioral scientists of different disciplines-one being a psychiatrist-who have examined the person in question. Such opinion shall be given jointly by the behavioral scientists or by each of them separately.
3. The convicted person may appeal against the decision to commit and the decision to release him to the Court of Appeal inArnhemwithin thirty days of the decision being communicated to him. Where the convicted person appeals after that term, the appeal is still admissible provided that there is evidence that the convicted person appealed as soon as he might reasonably be expected to have done so.
[12-15-1993]
Article 14
The person sentenced to imprisonment is required to perform such work as has been assigned to him in accordance with the regulations implementing article 22.
Article 14a
1. Where a penalty of not more than one year's imprisonment or a penalty of detention, other than detention as a substitute penalty, or a fine is imposed, the judge may order that these penalties shall not be executed in whole or in part.
2. Where a penalty of not less than one year's and not more than three years' imprisonment is imposed, the judge may order that part of the penalty, being not more than one third, shall not be executed.
3. The judge may in addition order that additional penalties imposed shall not be executed in whole or in part.
[12-21-1994]
Article 14b
1. The judge who orders that the sentence imposed by him shall not be executed in whole or in part shall at the same timedeterminea period of probation.
2. For the cases specified in article 14c, sections I and 2 (3) and (4), the period of probation shall be not more than two years and for the remaining cases not more than three years.
3. The probation period commences:
a.on the fifteenth day after the notice was served personally upon the accused, where a notice specified in article 366, section 2 or 3, of the Code of Criminal Procedure is prescribed, unless thejudgementhas not become final because of the timely lodging of an appeal;
b.on the day after a notice has been served, where it is required that the notice specified in article14ebe served.
4. Probation shall not run during the time the convicted person is deprived of his liberty by law.
[11-27-1991]
Article 14e
1. Where ajudgementhas become final, a notice is to be sent by the Public Prosecutor's Office to the convicted person at the earliest opportunity .The notice shall state the punishment that has been imposed upon him, all decisions regarding the general and special conditions defined in article14c,and the date of commencement of the probation period.
2. Unless it concerns ajudgementto which article 366, section 3 or 4, of the Code of Criminal Procedure has been applied, the notice to the convicted person specified in the preceding section shall be served by registered mail; where special conditions have been ordered, the convicted person shall be served personally.
[11-26-1986]
Article 15
1. A convicted person sentenced to a custodial sentence of which not more than one year is to be executed may be released when he has been deprived of his liberty for not less than six months and when one third of the remaining term has been served.
2. A convicted person sentenced to a custodial sentence for a determinate period of which more than one year is to be executed shall be released when two thirds of that sentence have been served.
3. In the application of the preceding sections, the period of time that the convicted person has served, prior to the execution of the sentence, either in police custody, judicial custody or in detention abroad as a result of an extradition request from the Netherlands, shall be considered part of that term, unless-by application of article 68, section 1, last full sentence, of the Code of Criminal Procedure-that period has already been deducted from another sentence served by the convicted person.
4. Section 1 is also applicable if pursuant to article l4g, section 1, full or partial implementation of a custodial sentence has been ordered.
5. Where the convicted person has to serve more than one custodial sentence, either fully or partially, these will be executed consecutively, wherever possible. In that case, the terms to be effectively served, with the exception of detention as a substitute penalty, shall be considered one term of imprisonment to which this article and article15aare applicable.
6. Articles 570 and570aof the Code of Criminal Procedure are applicable.
[11-26-1986]
Article 15a
1. Early release may be postponed or omitted where:
a.the convicted person on the grounds of mental defect or mental disease, has been committed to an institution for the treatment of persons on an Entrustment Order and where continuation of treatment is required;
b.the convicted person has been convicted in a finaljudgementfor a serious offense for which, pursuant to article 67, section 1, of the Code of Criminal Procedure, judicial custody is allowed and where the offense was committed after the execution of his sentence commenced;
c. there is evidence that the convicted person has otherwise grossly misbehaved after the execution of his sentence commenced;
d.the convicted person removes himself or attempts to remove himself from execution after the execution of his sentence commenced.
2. If the Public Prosecutor's Office charged with the execution of the sentence deems that, on any of the grounds stated in section1 ,there is cause for postponing early release for a determinate period of time or for omitting it, it shall submit an application to the Court of Appeal inArnhemwithout delay. The application shall state the grounds on which it is based. A copy of the application shall be sent to the convicted person.
3. In the cases specified in article 15, section 5, this authority is vested in the Public Prosecutor's Office at the court where the lastjudgementbecame final, or in the Public Prosecutor's Office at the court that imposed the longest of the custodial sentences yet to be executed.
4. The application specified in section 2 is to be received by the Registrar of the Court of Appeal no later than thirty days prior to the date on which, pursuant to the preceding article, early release is scheduled to take place. The application of a Public Prosecutor's Office that was submitted after thisdate,is admissible, if the Public Prosecutor's Office can demonstrate that circumstances as specified in section 1, only occurred afterwards.
5. Early release may also be postponed or omitted where the events or circumstances listed in section 1 (b), (c) and (d) occurred during that period of detention which, pursuant to article 27, section 1, is deducted from the term of imprisonment.
[2-4-1994]
Article 15b
1. Together with its application, the Public Prosecutor's Office shall send the relevant documents to the Court of Appeal. Without delay, the presiding judge of the Court of Appeal shall subsequently appoint a day for the hearing of the case, unless he determines that the application by the Public Prosecutor's Office is inadmissible. Where this is not so determined, the Registrar shall provide theProcureur-Generaalof that Court of Appeal with a copy of the application and the relevantdocuments .
2. Pending the decision on the application by the Court of Appeal, the convicted person shall not be released.
3. If there is no evidence that the convicted person is represented by counsel, the presiding judge of the Court of Appeal shall order the Legal Representation Assignment Bureau(bureaurechtsbijstandvoorziening)to assign counsel at the convicted person's request. The convicted person and his counsel may examine the documents prior to the hearing. The provisions by and by virtue of article 34 of the Code of Criminal Procedure are applicable.
4. Both theProcureur-Generaaland the convicted person are entitled to have witnesses and experts summoned or notified by letter to attend the hearing. Articles 260 and 263 of the Code of Criminal Procedure are applicable. The Court of Appeal may also hear other persons on its own motion.
5. The hearing is to take place in open court. The convicted person shall be given the opportunity to attend the hearing of his case and to be assisted by counsel. TheProcureur-Generaalshall be present at the hearing and shall be heard in thematter .
6. Articles 269, 273-275,271,278,280, 281-294,315,319,320, sections 1 and 2, 321,322, 324, 326-331,345, sections 1 and 3, and 346 of the Code of Criminal Procedure are applicable.
7. The articles listed in section 6 are not applicable insofar as they concern a witness whose identity has not been disclosed or has been partly disclosed.
[6-29-1994]
Article 15c
1. Where the Court of Appeal allows the application of the Public Prosecutor's Office, it shall issue an authorization for the release of the convicted person on the date stated in the application. The Public Prosecutor's Office is authorized to apply to have an early release, for which postponement has been ordered, again postponed or not take place if, after the initial decision, circumstances as specified in article15a,section 1, have arisen again.
2. Where the Court of Appeal disallows the application in whole or in part, it shall appoint a day for the early release of the convicted person.
3. The decision of the Court of Appeal on an application must be reasoned and shall be pronounced in open court. It shall be communicated without delay in the name of theProcureur-Generaalto the Public Prosecutor's Office that submitted the application and to the convicted person.
4. The decision of the Court of Appeal is not open to appeal.
[11-26-1986]
Article 15d
In cases in which the Court of Appeal disallows an application in whole or in part, the convicted person, at his request, may be awarded compensation by the State for the damage he has suffered as a result of the deprivation of liberty to which he was subjected by reason of the provisions in article15b,section 2.Article 89.section1, second full sentence, sections 3, 4 and 5.andarticles 90, 91 and 93 of the Code of Criminal Procedure are applicable.
[11-26-1986]
Article 16
Regulations for the provision of aid and assistance to convicted persons are to be prescribed by or by virtue of General Administrative Order.
[11-26-1986]
Article 17Repealed.[11-26-1986]
Article 18
1. Detention shall be for a minimum of one day and a maximum of oneyear .
2. Detention may be imposed for a period of not more than one year and four months in cases in which the period of one year is exceeded as a result of an increase in punishment due to concurrence, repeated serious offenses or by reason of the provisions of article 44.
3. Detention may in no instance exceed one year and four months.
[11-20-1963]
Article 19
In general, the sentence of detention shall be served in association. The convicted person may, at his own request, be allowed to serve the sentence of detention in segregation.
Article 13 is applicable to a person sentenced to detention as a principal penalty or detention as a substitute penalty.
[11-19-1986]
Article 20
A person sentenced to detention is required to perform such work as has been assigned to him, in accordance with the regulations implementing article 22.
[21-12-1951]
Article 21
Imprisonment for a determinate period of time and detention shall be set in terms of days, weeks, months, and years, and not in parts thereof.
Article 22
The organization, management and the regulation of prisons and detention centers, work, the allocation of the proceeds of compulsory work, spiritual, cultural and social care and discipline shall be regulated by General Administrative Order in accordance with the principles to be enacted in law.
[12-21-1951]
Article 22a
In special circumstances, the Head of the Ministry of Justice may order, in the interest of State security, that custodial sentences be served outside the Kingdom withinEurope.
[7-10-1952]
Article 22b
1. In cases in which the judge is considering an absolute custodial sentence of not more than six months, or a custodial sentence of which the part to be executed is not more than six months, he may instead impose a penalty of community service.
2. The judge may only impose a penalty of community service if he is satisfied that an institution or a person will be prepared to ensure implementation of the community service order with respect to the convicted person at short notice.
[10-25-1989]
Article 24e
Article 15 is not applicable to the execution of detention as a substitute penalty.
[12-10-1992]
Article 25
Where a convicted person who has to serve a term of detention as a substitution for a fine is in an institution intended for the execution of sentences of imprisonment, such detention may, at his request, be served in the same institution immediately after the termination of the sentence of imprisonment, without any change in the nature of the sentence of detention.
Article 26
A term of imprisonment and a term of detention run, as far as each of these penalties are concerned:
a.in the case of convicted persons held in judicial custody, from the day on which thejudgementfor the offense for which they were convicted becamefmal;
b.in the case of other convicted persons, from the day of execution of the sentence.
[3-21-1973]
Article 28
1. An offender may in thejudgement, in cases specified by law,bedeprived of the following rights:
(1)tohold public office or specific offices;
(5)topractice specific professions.
2. Disqualification of members of the judiciary who have been appointed either for life or for a specific period of time, or disqualification of other public servants who have been appointed for life, shall only be imposed with respect to the office to which they were appointed, in those cases and in a manner specified by law.
3. Deprivation of the right specified in section 1 (3) may only be imposed upon sentence to a term of imprisonment of not less than one year.
[3-27-1986]
Article 29
Disqualification from holding public office or specific offices and from serving in the armed forces, except in the cases defined in Book Two, may be imposed where the offender is convicted of a serious offense involving abuse of office or of any serious offense in the commission of which the offender has violated a specific duty of his office, or where he has made use of the power, opportunity or means afforded him by virtue of his office.
Article 30Repealed.[5-12-1902]
Article 31
1. Where an offender is deprived of specific rights, the judge shall determine the duration of such deprivation as follows:
(1)wherean offender has been sentenced to life imprisonment, such deprivation shall be for life;
(2)wherean offender has been sentenced to a determinate period of imprisonment or of detention, such deprivation shall be for a period of time of not less than two years and not more than five years beyond the term of the principal penalty;
(3)wherean offender has been sentenced to pay a fine such deprivation shall be for a period of time of not less than two years and not more than five years;
(4)wheredeprivation is not imposed concurrently, for a period of time of not less than two years and not more than five years.
2. The punishment of deprivation of the right mentioned in article 28, section 1 (3), commences on the day upon which the sentence becomes final. The punishment of deprivation of any of the other rights listed in article 28, section 1 commences on the day upon which thejudgementbecomes enforceable.
[4-23-1986]
Article 35
1. The costs of imprisonment, detention or committal to a State workhouse are to be paid by the State, insofar as it is not otherwise provided by or by virtue of any statute.
2. All proceeds of fines and forfeiture are for the benefit of the State.
[11-19-1986]
TITLE VIIIA
SPECIAL PROVISIONS WITH REGARD TO JUVENILES
[7-7-1994]
Article 77a
Articles 9, section 1, 10-22a,24c, 37-38i,44 and 57-62 are not applicable to a person who had reached the age of twelve, but was not yet eighteen years of age, at the time the criminal offense was committed. The special provisions laid down in articles77d-77ggapply in lieu thereof.
Article 77b
In the case of a person who had reached the age of sixteen, but was not yet eighteen years of age, at the time the criminal offense was committed, the judge may, where he finds grounds so to do by reason of the gravity of the offense, the character of the offender or the circumstances in which the offense was committed, not apply articles 77g -77ggand passjudgementin accordance with the provisionslaiddown in the preceding titles.
Article 77c
In the case of a person who had reached the age of eighteen, but was not yet twenty-one years of age, at the time the criminal offense was committed, the judge may, where he finds grounds so to do by reason of the character of the offender or the circumstances in which the offense was committed, passjudgementin accordance with articles 77g-77gg.The penalty of juvenile detention shall be executed in a prison designated for that purpose by the Minister of Justice. Article 22 is applicable. The measure of committal to an institution for young persons shall be executed in accordance with article37c.
Article 77h
1. The principal penalties comprise the following:
a. for serious offenses: juvenile detention or a fine;
b.for lesser offenses: a fine.
2. One or more of the following alternative sanctions may be imposed in lieu of a principal penalty listed in section1 :
a.community service;
b.work contributing to the repair of the damage resulting from the criminal offense;
c. attendance at a training project.
3.Theadditional penalties comprise the following:
a.forfeiture;
b.disqualification from driving motor vehicles.
4.Themeasures comprise the following:
a. committal to an institution for young persons;
b.confiscation;
c. deprivation of unlawfully obtained gains;
d.compensation for the damage.
Article 77i
1. Juvenile detention shall be:
a.for a minimum of one day and a maximum of twelve months in the case of a person who had not yet reached the age of sixteen at the time the serious offense was committed, and
b.for a maximum of twenty-four months for cases other than those undera.
2. Juvenile detention shall be set in terms of days, weeks or months.
3. Articles 26 and 27 are applicable to a person sentenced to juvenile detention.
4. Juvenile detention shall be executed at a State institution or a facility as specified in article 65 of the Young Persons Assistance Act(Wet op dejeugdhulpverlening)subsidized for that purpose by the Minister of Justice,insotaras it has been designated for that purpose by virtue of article 56 of the Act.
Article 77j
1. In special cases the Minister of Justice may order that:
a.the execution of juvenile detention be interrupted during a period of not more than three months; or
b.a person who is serving a sentence of juvenile detention leave the institution temporarily, under guarantees to be set by him.
2. The judge who imposed the penalty may at all times release a young person in juvenile detention on parole.
3. In the case of release on parole, the duration of the probation period shall be set at not more than two years. The information regarding the duration of the probation period and the conditions which have been set shall be served personally upon the convicted person. Articles 77y, section 3,77z, 77aaand77cc-77eeare applicable.
[4-12-1995]
Article 77k
On application by the Public Prosecutor's Office or at the request of the convicted person the judge who imposed the penalty of juvenile detention may order that said penalty be in whole or in part replaced by one of the penalties listed in article 9, section 1, where the execution of the penalty imposed is to take place in whole or in part during a period of time in which the convicted person will have reached the age of eighteen and where the judge holds that such penalty is no longer appropriate for him.
Article 77l
1. The amount of money imposed as a fine shall be not less than five guilders and not more than five thousand guilders. Article24ais applicable provided that the judge may determine with each fine that the amount can be paid by installment. The judge shall then set the amount of each installment.
2. Where a fine has been imposed in ajudgementand where neither full payment nor full recovery of the amount due ensues, the judge may order juvenile detention as a substitute penalty.
3. Where neither payment in full nor in part of the amount of the fine has been made and neither recovery in full nor in part is possible, the judge who imposed the penalty may, on application by the Public Prosecutor's Office, for the amount outstanding impose juvenile detention as a substitute penalty or, at the request of the convicted person, impose an alternative sanction as a substitute penalty. Where the judge has made use of the discretion provided in section 2, he may also modify the duration of the juvenile detention imposed earlier as a substitute penalty unless it has already commenced.
4. Juvenile detention as a substitute penalty shall be executed at a place to be determined by the Public Prosecutor's Office.
5. The alternative sanction, specified in section 3, shall be imposed proportionately to the amount outstanding. Articles77m-77qare applicable. The sanction may only be imposed where the convicted person has not reached the age of eighteen.
6. Where the convicted person has reached the age of eighteen, the judge shall impose detention as a substitute penalty, unless he holds that juvenile detention as a substitute penalty is appropriate.
7. The period of juvenile detention as a substitute penalty or of detention as a substitute penalty shall be not less than one day and not more than three months. It shall not exceed one day for each full twenty- five guilders of the remainder of the fine.Where payment of the remainder has been made, juvenile detention as a substitute penalty or detention as a substitute penalty lapses.Article24c,section 4, is applicable.
8. Where a fine has been imposed, article 27, sections 3 and 4, are applicable.
Article 77s
1. The judge may impose the measure of committal to an institution for young persons only:
a.where it concerns a serious offense for which judicial custody is allowed;
b.where the safety of others or the general safety of persons or of property requires such measure to be imposed, and
c. where the measure is in the interest of the mostfavourablefuture development of the accused.
2. The judge shall only impose the measure after submission of a reasoned, dated and signed opinion by no fewer than two behavioral scientists of different disciplines. The opinion shall be given either jointly by the behavioral scientists or by each of them separately. Where the date of this opinion precedes the commencement of the trial by more than one year, the judge may rely upon it with the consent of the Public Prosecutor's Office and that of the accused only.
3. In applying section 1, where the accused suffered from mental defect or mental disease at the time at which the offense was committed, one of the behavioral scientists is to be a psychiatrist.
4. Section 2 shall not be applied where the person in question refuses to cooperate with the examination required for submission of the opinion. Where possible, the behavioral scientists shall, either jointly or each of them separately,drawup a report on the reason for the refusal. Where the person in question wishes to cooperate with the completion of another opinion or report to advise the judge on the desirability or necessity of imposing the measure, the judge shall make every effort to secure its submission.
5. Where the measure has been imposed, the Minister of Justice shall assign its implementation to a juristic person as specified in article 60, section 1(a),of the Young Persons Assistance Act(Wet op dejeugdhulpverlening),or have the convicted person committed to an institution pertaining to the category mentioned in II, sections 3 or 4, of the schedule to the Act, insofar as it is maintained by the Minister of Justice, or any other institution.
6. The measure runs for a period of two years. The term commences after thejudgementhas become final.
7. Upon consultation with the Child Care and Protection Board, the Minister of Justice may at all times terminate the measure, either conditiona11y or absolutely.
Article77x
1. Where a penalty of juvenile detention, other than juvenile detention as a substitute penalty, a fine or committal to an institution for young persons is imposed, the judge may order that these penalties not be executed either in whole or in part.
2. Where a penalty of juvenile detention or committal to an institution for young persons is imposed, the judge may, in addition to applying section I, impose a fine.
Article 77ff
1. The costs of juvenile detention and of committal to an institution for young persons are to be paid by the State.
2. The following shall be regulated by General Administrative Order:
a.implementation of juvenile detention
b.implementation of committal to an institution for young persons;
c. provision of information to the Public Prosecutor's Office concerning any person who has been given a suspended sentence;
d.the manner in which decisions for release on parole are requested.
3. By General Administrative Order regulations may be laid down concerning the provision by the State of a contribution towards the costs of preparation and execution of
a.projects as specified in articles77eand 77f, section 1(b),and
b.alternative sanctions as specified in article77h,section 2.
[4-12-1995]
BOOK II
SERIOUS OFFENSES
TITLE V
SERIOUS OFFENSES AGAINST PUBLIC ORDER
Article 137g
A person who, in his official capacity, profession or business, intentionally discriminates against persons on the grounds of their race is liable to a term of imprisonment of not more than six months or a fine of the third category.
[11-14-1991]
Article 145
A person who by an act of violence or by threat of violence prevents either a lawful public gathering intended to profess a religion or a belief, or a lawful ceremony for the professing of a religion or a belief, or a lawful funeral service from taking place, is liable to a term of imprisonment of not more than one year or a fine of the third category.
[4-20-1988]
Article 146
A person by whom, by creating disorder or by making noise, either a lawful public gathering intended to profess a religion or a belief, or a lawful ceremony for the professing of a religion or a belief, or a lawful funeral service is intentionally disturbed, is liable to a term of imprisonment of not more than two months or a fine of the second category.
[4-20-1988]
TITLE VIII
SERIOUS OFFENSES AGAINST PUBLIC AUTHORITY
Article 180
A person who by an act of violence or by threat of violence resists a public servant in the lawful execution of his duties or any persons who assist that public servant in so doing pursuant to a legal obligation or provide assistance at his request is guilty of resisting a public servant and is liable to a term of imprisonment of not more than one year or a fine of the third category.
Article 181
The offenses of coercion and resistance defined in articles 179 and 180 are punishable:
(1) by a term of imprisonment of not more than four years or a fine of the fourth category , where any bodily harm ensues as a result of the serious offense or concomitant events;
(2)bya term of imprisonment of not more than seven years and six months or a fine of the fifth category , where serious bodily harm ensues as a result of these;
(3)bya term of imprisonment of not more than twelve years or a fine of the fifth category, where death ensues as a result of these.
Article 184
1. Both a person who intentionally fails to comply with an order issued or a formal request made, by virtue of a legal requirement, by a public servant charged with any supervisory task or by a public servant charged with the detection or investigation of criminal offenses or who has been authorized to detect or investigate criminal offenses, and a person who intentionally prevents, obstructs or thwarts any action undertaken by such public servants to enforce a legal requirement, are liable to a term of imprisonment of not more than three months or a fine of the second category .
2. Any person who is permanently or temporarily charged with any public service by virtue of a legal requirement is equivalent to the public servant defined in the first part of the preceding section.
4. Where, at the time the serious offense is committed, less than two years have passed since a previous conviction for a similar serious offense became final, the term of imprisonment may be increased by one third.
Article 191
A person who intentionally liberates a person who has been deprived of his liberty by order of the authorities or by virtue of a judgment or decision taken in chambers, or assists such person in escaping, is liable to a term of imprisonment of not more than four years or a fine of the fourth category
[2-4-1994]
TITLE XX
PHYSICAL ABUSE
Article 300
1. Physical abuse is punishable by a term of imprisonment of not more than two years or a fine of the fourth category.
2. Where serious bodily harm ensues as a result of the act, the offender is liable to a term of imprisonment of not more than four years or a fine of the fourth category.
3. Where death ensues as a result of the act, the offender is liable to a term of imprisonment of not more than six years or a fine of the fourth category.
4. Intentionally injuring a person's health is equivalent to physical abuse.
5. An attempt to commit the serious offense of physical abuse is not punishable.
Article 301
1. Premeditated physical abuse is punishable by a term of imprisonment of not more than three years or a fine of the fourth category.
2. Where serious bodily harm ensues as a result of the act, the offender is liable to a term of imprisonment of not more than six years or a fine of the fourth category.
3. Where death ensues as a result of the act, the offender is liable to a term of imprisonment of not more than nine years or a fine of the fifth category.
Article 302
1. A person who intentionally inflicts serious bodily harm on another person is guilty of aggravated physical abuse and is liable to a term of imprisonment of not more than eight years or a fine of the fifth category.
2. Where death ensues as a result of the act, the offender is liable to a term of imprisonment of not more than ten years or a fine of the fifth category.
Article 303
1. Premeditated aggravated physical abuse is punishable by a term of imprisonment of not more than twelve years or a fine of the fifth category.
2. Where death ensues as a result of the act, the offender is liable to a term of imprisonment of not more than fifteen years or a fine of the fifth category.
Article 304
The terms of imprisonment prescribed in articles 300-303 may be increased by one third in the following cases:
(1)wherethe offender commits the serious offense against his mother, his legal father, his spouse or his child;
(2)wherethe serious offense is committed against a public servant during or in connection with the lawful execution of his duties;
(3)wherethe serious offense is committed by administering substances injurious to life or health.
Article 305
Upon conviction for any of the offenses defined in articles 301 and 303, deprivation of the rights listed in article 28, section 1 (1), (2) and (4), may be imposed.
[3-27-1986]
TITLE XXIII
EXTORTION AND BLACKMAIL
Article 317
1. A person who, with the object of obtaining unlawful gain for himself or another, compels a person by an act of violence or by threat of violence to surrender any property belonging in whole or in part to that person or to a third party, or to incur a debt or renounce a claim, or to make available data having monetary value in commerce, is guilty of extortion and liable to a term of imprisonment of not more than nine years or a fine of the fifth category.
2. The punishment in section 1 is also applicable to a person who exercises coercion as specified in section 1 by threatening that data stored by means of a computerized device or system will be rendered unusable or inaccessible, or erased.
3. The provisions of article 312, sections 2 and3,are applicable to this serious offense.
[12-23-1992]
Article 318
1. A person who, with the object of obtaining unlawful gain for himself or another, compels a person, by threatening him with slander, libelous defamation or exposure of a secret, to surrender any property belonging in whole or in part to that person, or to a third party or to incur a debt, or renounce a claim, or to make available data having monetary value in commerce, is guilty of blackmail and liable to a term of imprisonment of not more than three years or a fine of the fifth category .
2. This serious offense will be prosecuted only upon complaint lodged by the person against whom it has been committed.
[12-23-1992]
Article 319
The provisions of article 316 are applicable to the offenses defined in this title.
Article 320
Upon conviction for any of the offenses defined in this title, deprivation of the rights listed in article 28, section 1 (1), (2) and (4), may be imposed.
[3-27-1986]
TITLE XXVIII
SERIOUS OFFENSES INVOLVING ABUSE OF OFFICE
Article 355
Heads of ministerial departments:
(1) who countersign royal decrees or royal decisions, knowing that in so doing the Constitution or other statutes or General Administrative Orders are violated;
(2)whoexecute royal decrees or royal decisions, knowing that they do not bear the requisite countersignature of one of the heads of the ministerial departments;
(3)whotake decisions or issue orders or enforce existing decisions or orders, knowing that in so doing the Constitution or other statutes or General Administrative Orders are violated;
(4) who intentionally fail to implement the provisions of the Constitution or other statutes or General Administrative Orders, where and insofar as such implementation falls within the competence of their ministerial department due to the nature of the matter, or where and insofar as such implementation has been expressly assigned to them;
areliable to a term of imprisonment of not more than three years or a fine of the fourth category .
[3-27-1986]
Article 356
Heads of ministerial departments who, by their grossly negligent or careless conduct, are responsible for an omission to implement what is defined in article 355 (4) are liable to a term of detention of not more than six months or a fine of the third category .
Article 360
A public servant or any other person charged, either on a permanent or temporary basis, with any public office, who intentionally makes false entries in books or registers intended solely for the purpose of administrative control, or who falsifies such books or registers, is liable to a term of imprisonment of not more than three years or a fine of the fifth category.
Article 362
A public servant who accepts a gift or promise, knowing that it is made to him in order to induce him to act or refrain from acting in the execution of his duties, in a manner not contrary to the requirements of his office, is liable to a term of imprisonment of not more than three months or a fine of the fifth category.
Article 363
A public servant:
(1) who accepts a gift or promise, knowing that it is made to him in order to induce him to act or to refrain from acting in the execution of his duties, in a manner contrary to the requirements of his office;
(2) who accepts a gift or promise, knowing that it is made to him as a result or as a consequence of something he has done or has refrained from doing, in the execution of his duties, in a manner contrary to the requirements of his office;
isliable to a term of imprisonment of not more than four years or a fine of the fifth category.
[11-23-1967]
Article 365
A publicservantwho, abusing the authority vested in him, compels another person to act, refrain from acting or to submit to anything, is liable to a term of imprisonment of not more than two years or a fine of the fourth category.
Article 367
1. A public servant charged with guarding a person who is deprived of his liberty by order of the authorities or by virtue of a judgment or a decision taken in chambers, who intentionally allows that person to escape, liberates him or assists in his liberation or self-liberation, is liable to a term of imprisonment of not more than three years or a fine of the fourth category.
2. Where a public servant by negligence or carelessness is responsible for such escape, liberation or self-liberation, he is liable to a term of detention of not more than two months or a fine of the second category.
[5-4-1954]
Article 369
A term of imprisonment of not more than one year or a fine of the third category shall be imposed upon a person in charge of an institution intended for the confinement of convicted persons, of those in preliminary detention or of persons detained for non-cooperation with a court order, or upon a person in charge of a State institution for the care and protection of children or a psychiatric hospital, who refuses to comply with a lawful request to produce a person committed to such institution or hospital, or to present for examination the admission register or an instrument which the law prescribes must be maintained.
[11-19-1986]
Article 371
1. A public servant who, exceeding the limits of his authority, causes to be submitted to him or seizes a letter, post card, postal packet or parcel entrusted to any public entity for its conveyance, or a telegraph message held by a public servant of the telegraph services or by other persons charged with the operation of a telegraph facility intended for the use of the general public, is liable to a term of imprisonment of not more than two years or a fine of the fourth category.
2. The punishment in section 1 is also applicable to a public servant who, exceeding the limits of his authority, allows himself to be informed, by a public servant of the telephone services or by other persons charged with the operation of a telephone facility intended for the use of the general public, of any communication which has been transmitted through that facility.
[5-19-1922]
Article 380
1. Upon conviction for any of the offenses defined in articles 355, 357 and 358 deprivation of the right listed in article 28, section 1 (3), may be imposed.
2. Upon conviction for any of the offenses defined in articles 359, 363, 364, 366, 373, last section, and 379, section 1, deprivation of the right listed in article 28, section 1 (4), may be imposed.
[3-27-1986]
TITLE VIII
LESSER OFFENSES INVOLVING ABUSE OF OFFICE
Article 464
A person in charge of an institution intended for the confinement of convicted persons, of those in preliminary detention or of persons detained for non-cooperation with a court order, or in charge of a State institution for the care and protection of children or a psychiatric hospital, who admits a person to the institution or hospital or holds a person in the institution or hospital without having been shown the order of the competent authorities or the judgment, or who fails to make an entry in the admission register, as required, of the admission and of the order or judgment on the grounds of which admission takes place, is liable to a term of detention of not more than one month or a fine of the second category.
[11-19-1986]