Imprisonment of up to 15 years for committing violent actions of a sexual nature

Article 198 of the Criminal Code defines the punishment for committing violent actions of a sexual nature.

The Code provides that sexual intercourse or other acts of sexual nature, including imitation of sexual intercourse or satisfying sexual needs, which have been committed against the will of the victim of crime, or by disregarding the will of the victim of crime, by use of violence or threat of use thereof, or abuse of the helpless situation of the victim of crime or other person:

shall be punished by imprisonment for a term of three to six years.

The act provided for in Part 1 of this Article, committed:

1) towards a pregnant woman;

2) towards a minor;

3) committed by a close relative or partner or ex-partner;

4) towards a person being in a vulnerable situation due to family condition or disability;

5) towards a person being in material or other dependence from the criminal;

6) towards a person taken into custody, arrested or detained or serving a sentence in a penitentiary institution, against a military servant in the battalion or other place of service, or against a person undergoing treatment or examination in a medical institution by an employee of the respective institution or facility;

7) by a group of people;

8) with particular cruelty; or

9) by use of weapon or object or means prepared or adjusted in advance to cause bodily injury:

shall be punished by imprisonment for a term of five to ten years

The act provided for in Parts 1 or 2 of this Article, which:

1) has been committed towards a person not having attained the age of 18, by an upgoing relative or a person who has an obligation of upbringing, care or treatment of the child;

2) has been committed towards a person having attained the age of 16 years and under the age of 18; or

3) has negligently caused death of the victim of crime or grave harm to his/her health or has led to suicide of the victim or his/her close relative or close person, or resulted in other grave consequences:

shall be punished by imprisonment for a term of eight to fifteen years.

Sexual intercourse or other acts of a sexual nature, including simulation of sexual intercourse or satisfaction of sexual needs, committed against a person under the age of 12:

shall be punished by imprisonment for a term of eight to fifteen years.

Within the meaning of this Article, a person in the helpless situation is the person deprived of the possibility to show resistance to the criminal or realize the nature of the act committed towards oneself.

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