Article 115. Murder
1. Murder, that is willful unlawful causing
death of another person, -
shall be punishable by imprisonment for a
term of seven to fifteen years
2. Murder:
(1) of two or more persons;
(2) of a young child or a woman who, to the
knowledge of the culprit, is pregnant;
(3) of a hostage;
(4) committed with special brutality
(5) committed by a method dangerous to the
lives of many persons;
(6) based on mercenary motives;
(7) based on hooligan motives;
(8) of a person or a person's close relative
in relation to that person's official duties
or public functions;
(9) committed to conceal or facilitate another
crime;
(10) coupled with rape, or violent unnatural
sexual intercourse;
(11) committed as a contracted murder;
(12) committed by a group of persons upon
prior conspiracy;
(13) committed by a person who has previously
committed a murder, other than a murder provided
for by Articles 116-118 of this Code, -
shall be punishable by imprisonment for a
term of ten to fifteen years, or life imprisonment
with forfeiture of property in the case provided
for by subparagraph 6 of paragraph 2 of this
Article.
Article 116. Murder committed in the heat
of passion
A murder committed in the heat of passion
caused by unlawful violence, systematic harassment
or grievous insult of the victim, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term.
Article 117. Infanticide
Infanticide (murder of a newborn child by
his/her mother) during delivery or immediately
after it, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term.
Article 118. Murder in excess of necessary
defense or in excess of measures necessary
to apprehend an offender
A murder committed in excess of necessary
defense or in excess of measures necessary
to apprehend an offender, -
shall be punishable by correctional labor
for a term up to two years, or restraint of
liberty for a term up to three years, or imprisonment
for a term up to two years.
Article 119. Negligent homicide
1. Negligent homicide, -
shall be punishable by restraint of liberty
for a term of three to five years, or imprisonment
for the same term.
2. Negligent homicide of two or more persons,
-
shall be punishable by imprisonment for a
term of five to eight years.
Article 120. Driving a person into suicide
1. Driving a person into suicide or attempted
suicide by means of cruel treatment, blackmail,
coercion to unlawful actions or systematic
humiliation of his/her human dignity, -
shall be punishable by restraint of liberty
for a term up to three years, or imprisonment
for the same term.
2. The same act committed in respect of a
person who was in financial or other dependence
upon the culprit, or in respect of two or
more persons, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term.
3. Any such act as provided for by paragraph
1 or 2 of this Article, where it was committed
in respect of a minor,-
shall be punishable by imprisonment for a
term of seven to ten years.
Article 121. Intended grievous bodily injury
1. Intended grievous bodily injury, that is
a willful bodily injury which is dangerous
to life at the time of infliction, or resulted
in a loss of any organ or its functions, or
caused a mental disease or any other health
disorder attended with a persisting loss of
not less than one-third of working capability,
or interruption of pregnancy, or permanent
disfigurement of face, -
shall be punishable by imprisonment for a
term of five to eight years.
2. Intended grievous bodily injury committed
by a method characterized by significant torture,
or by a group of persons, and also for the
purpose of intimidating the victim or other
persons, or committed as a contracted offense,
or which caused death of the victim, -
shall be punishable by imprisonment for a
term of seven to ten years.
Article 122. Intended bodily injury of medium
gravity
Intended bodily injury of medium gravity,
that is a willful bodily injury which is not
dangerous to life and does not result in the
consequences provided for by Article 121 of
this Code, but which caused a lasting health
disorder or a significant and persisting loss
of not less than one-third of working capability,-
shall be punishable by correctional labor
for a term up to two years, or restraint of
liberty for a term up to three years, or imprisonment
for a term up to three years.
2. The same actions committed for the purpose
of intimidating the victim or his/her relatives,
or coercion to certain actions, -
shall be punishable by imprisonment for a
term of three to five years.
Article 123. Intended grievous bodily injury
inflicted in the heat of passion
Intended grievous bodily injury inflicted
in the heat of passion suddenly provoked by
unlawful violence or grievous insult of the
victim,-
shall be punishable by community service for
a term of 150 to 240 hours, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to three years, or
imprisonment for a term up to two years.
Article 124. Intended grievous bodily injury
inflicted in excess of necessary defense or
in excess of measures necessary to apprehend
an offender
Intended grievous bodily injury inflicted
in excess of necessary defense or in excess
of measures necessary to apprehend an offender,
-
shall be punishable by community service of
150 to 240 hours, or correctional labor for
a term up to two years, or arrest for a term
up to six months, or restraint of liberty
for a term up to two years.
Article 125. Intended minor bodily injury
1. Intended minor bodily injury, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or community service for
a term up to 200 hours, or correctional labor
for a term up to one year.
2. Intended minor bodily injury that caused
a short-term health disorder or insignificant
loss of working capability, -
shall be punishable by community service for
a term of 50 to 200 hours, or correctional
labor for a term up to one year, or arrest
for a term up to six months, or restraint
of liberty for a term up to two years.
Article 126. Battery and torture
1. Intended blows, battery or other violent
acts which caused physical pain but no bodily
injury, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or community service for
a term up to 200 hours, or correctional labor
for a term up to one year.
2. The same acts characterized by torture,
committed by a group of persons or for the
purpose of intimidating the victim or his
relatives, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term.
Article 127. Torture
1. Torture, that is an willful causing of
severe physical pain or physical or mental
suffering by way of battery, martyrizing or
other violent actions for the purpose of inducing
the victim or any other person to commit involuntary
actions, -
shall be punishable by imprisonment for a
term of three to five years.
2. The same actions repeated or committed
by a group of persons upon prior conspiracy,
-
shall be punishable by imprisonment for a
term of five to ten years.
Article 128. Negligent grievous bodily injury
or negligent bodily injury of medium gravity
Negligent grievous bodily injury or negligent
bodily injury of medium gravity, -
shall be punishable by community service for
a term of 150 to 240 hours, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to two years.
Article 129. Threat to kill
1. Any threat to kill, if there was a reasonable
cause to believe that this threat may be fulfilled,
-
shall be punishable by arrest for a term up
to six months, or restraint of liberty for
a term up to two years.
2. The same act committed by a member of an
organized group, -
shall be punishable by imprisonment for a
term of three to five years.
Article 130. Infection with HIV or any other
incurable contagious disease
1. Willful placing of a person in danger of
being infected with HIV or any other incurable
contagious disease dangerous to human life,
-
shall be punishable by arrest for a term up
to three months, or by restraint of liberty
for a term up to five years, or imprisonment
for a term up to three years.
2. Infection of another person with HIV or
any other incurable contagious disease by
a person who was aware of himself or herself
being a circulator of this virus, -
shall be punishable by imprisonment for a
term of two to five years.
3. Any such acts as provided for by paragraph
2 of this Article, if committed in respect
of two or more persons or a minor, -
shall be punishable by imprisonment of three
to eight years.
4. Willful infection of another person with
HIV or any other incurable contagious disease
dangerous to the person's life, -
shall be punishable by imprisonment for a
term of five to ten years.
Article 131. Professional misconduct causing
infection of a person with HIV or any other
incurable contagious disease
1. Professional misconduct of a member of
medical or pharmaceutical profession or any
other employee in consequence of neglect or
careless discharge of their professional duties,
which caused infection of a person with HIV
or any other incurable contagious disease
dangerous to the person's life,-
shall be punishable by restraint of liberty
for a term up to three years, or imprisonment
for the same term with deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to three
years.
2. The same act that caused infection of two
or more persons, -
shall be punishable by imprisonment for a
term of three to eight years with deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 132. Disclosure of information on
medical examination for HIV or any other incurable
contagious disease
Disclosure - by a medical officer, an auxiliary
employee who obtained the information without
authorization, or a member of medical profession
- of information on medical examination for
HIV, or any other incurable contagious disease
dangerous to the person's life, or AIDS and
its results that became known to them in connection
with their official or professional duties,
-
shall be punishable by a fine of 50 to 100
tax-free minimum incomes, or community service
for a term up to 240 hours, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to three years, with
or without deprivation of the right to occupy
certain positions or engage in certain activities
for a term up to three years.
Article 133. Infection with a venereal disease
1. Infection of another person with a venereal
disease by a person who was aware of having
this disease, -
shall be punishable by correctional labor
for a term up to two years, or arrest for
a term up to six months, or restraint of liberty
for a term up to two years, or imprisonment
for the same period.
2. Any such actions as provided for by paragraph
1 of this Article, if committed by a person
previously convicted of infecting any other
person with a venereal disease, and also infecting
two or more persons or a minor, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for a term up to three years.
3. Any such actions as provided for by paragraph
1 or 2 of this Article, where they caused
grave consequences, -
shall be punishable by imprisonment for a
term of two to five years.
Article 134. Illegal abortion
1. Performance of an abortion by a person
who has no special medical education, -
shall be punishable by a fine of 50 to 100
tax-free minimum incomes, or community service
for a term of 100 to 240 hours, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to two years.
2. Illegal performance of an abortion that
caused a lasting health disorder, sterility
or death of the victim, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
of the same term, with or without deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 135. Leaving in danger
1. Willful leaving of a person without help,
if he/she remains in a condition dangerous
to life and is unable to ensure his/her self-preservation
due to young age, old age, illness or helpless
condition and where the one, who left this
person without help, was obliged to care after
this person and was able to provide help to
him or her, and where this one himself put
the victim in a condition dangerous to life,
-
shall be punishable by restraint of liberty
for a term up to two years, or imprisonment
for the same term.
2. The same actions committed by a mother
in respect of her newborn child, unless this
mother was in a condition of lying-in, -
shall be punishable by restraint of liberty
for a term up to three years, or imprisonment
for the same term.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, where they caused
death of a person or other grave consequences,
-
shall be punishable by imprisonment for a
term of three to eight years.
Article 136. Failure to provide help to
a person who is in a condition dangerous to
life
1. Failure to provide help to a person, who
is in a condition dangerous to life, where
such help could have been provided, or failure
to inform appropriate institutions or persons
of this person's condition, where this has
caused grievous bodily injuries, -
shall be punishable by a fine of 200 to 500
tax-free minimum incomes, or arrest for a
term up to six months.
2. Failure to provide help to a young child,
who is known to be in condition dangerous
to life, where such help could have been provided,
or failure to inform appropriate institutions
or persons of this child's condition, -
shall be punishable by a fine of 500 to 1000
tax-free minimum incomes, or arrest for a
term up to six months, or restraint of liberty
for a term up to three years.
3. Any such acts as provided for by paragraph
1 or 2 of this Article, where they caused
death of the victim, -
shall be punishable by restraint of liberty
for a term of three to five years, or imprisonment
for a term of two to five years.
Article 137. Improper performance of duty
with regard to children's life safety and
health care
1. Failure to perform or improper performance
of professional or official duty with regard
to life safety and health care of minors resulting
from neglect or careless discharge of this
duty, where this has significantly deteriorated
health of the victim
shall be punishable by a fine up to 50 tax-free
minimum incomes, or community service for
a term of 240 hours, or deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to three
years.
2. Any such actions that caused death of a
minor or other grave consequences, -
shall be punishable by restraint of liberty
for a term up to four years, or imprisonment
for a term up to three years, with or without
deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
Article 138. Illegal medical practice
Engaging in an illegal medical practice without
a special license by a person who has no proper
medical education, where this has caused grave
consequences for the patient, -
shall be punishable by correctional labor
for a term up to two years, or restraint of
liberty for a term up to three years, or imprisonment
for a term up to three years.
Article 139. Failure of a member of medical
profession to provide help to a patient
1. Failure to provide help to a patient, without
good excuse, by a member of medical profession
who was obliged to provide such help in line
with the established rules, where this member
knew that this may lead to grave consequences
for the patient, -
shall be punishable by a fine up to 50 tax-free
minimum incomes with deprivation of the right
to occupy certain positions or engage in certain
activities for a term up to three years, or
correctional labor for a term up to two years.
2. The same act that caused death of the patient
or other grave consequences, -
shall be punishable by restraint of liberty
for a term up to four years, or imprisonment
for a term up to three years, with or without
deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
Article 140. Improper performance of professional
duty by a member of medical or pharmaceutical
profession
1. Failure to perform or improper performance
of professional duty by a member of medical
or pharmaceutical profession due to neglect
of careless discharge of this duty, which
caused grave consequences for a patient, -
shall be punishable by deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to five
years, or correctional labor for a term up
to two years, or restraint of liberty for
a term up to two years, or imprisonment for
the same term.
2. This same act that caused grave consequences
to a minor, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for a term up to three years, with deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 141. Violation of rights of a patient
Clinical drug trial performed without a written
consent of the patient or his legal representative,
or in regard of a minor or a legally incapable
person, where such actions caused death or
other grave consequences, -
shall be punishable by restraint of liberty
for a term of three to five years or imprisonment
for the same term.
Article 142. Illegal experimentation on
a human being
1. Illegal performance of biomedical, psychological
or other experiments on a human being, which
expose his/her life or health to danger, -
shall be punishable by a fine up to 200 tax-free
minimum incomes, or correctional labor for
a term up to two years, or restraint of liberty
for a term up to four years, with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
2. Any such acts as provided for by paragraph
1 of this Article, where committed with regard
to a minor, or two or more persons, by coercion
or deception, or, also, where they caused
a lasting health disorder of the victim, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term, with or without the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 143. Violation of procedures prescribed
by law with regard to human organs or tissue
Article 143: transplantation
1. Violation of procedures prescribed by law
with regard to human organs or tissue transplantation,
-
shall be punishable by a fine up to 50 tax-free
minimum incomes, or correctional labor for
a term up to two years, or restraint of liberty
for a term up to three years, with or without
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
2. Removal, by coercion or deception, of a
body organ or tissue from a human being for
the purpose of their transplantation, -
shall be punishable by restraint of liberty
for a term up to three years, or imprisonment
for the same term, with the deprivation of
the right to occupy certain positions or engage
in certain activities for a term up to three
years.
3. Any such actions as provided for by paragraph
2 of this Article, where committed in regard
of a person who was in helpless condition
or financial or any other dependence on the
culprit, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term, with or without the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
4. Illegal trade in human organs or tissues,
-
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for the same term.
5. Any such acts as provided for by paragraphs
2, 3 or 4 of this Article, where committed
by a group of persons upon their prior conspiracy,
or participation in transnational organizations
engaged in such activity, -
shall be punishable by imprisonment for a
term of five to seven years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 144. Forcible donation of blood
1. Taking of blood from a person by force
or deceit for donor purposes, -
shall be punishable by deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to three
years, or correctional labor for a term up
to two years, or restraint of liberty for
a term up to two years, with or without a
fine up to 50 tax-free minimum incomes.
2. Any acts as provided for by paragraph 1
of this Article, where committed in regard
of a minor or a person who was in helpless
condition or financial or any other dependence
on the culprit, -
shall be punishable by restraint of liberty
for a term up to five years, or imprisonment
for a term up to three years, with or without
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
3. Any such acts as provided for by paragraphs
1 and 2 of this Article, where committed by
a group of persons upon their prior conspiracy,
or for selling purposes, -
shall be punishable by imprisonment of a term
up to five years with the deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to three
years.
Article 145. Unlawful disclosure of confidential
medical information
Willful disclosure of confidential medical
information by a person to whom it was available
in connection with his/her professional or
official duties, where such disclosure caused
any grave consequences, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or community service for
a term up to 240 hours, or deprivation of
the right to occupy certain positions or engage
in certain activities for a term up to three
years, or correctional labor for a term up
to two years.
