Criminal Code of Croatia (2011, amended 2019) (excerpts related to Hate Crime Laws) (unofficial translation)

 

Art. 87 para 21 Aggravating circumstance

A hate crime shall mean a criminal offence committed on account of a person's race, colour, religion, national or ethnic origin, language, disability, gender, sexual orientation or gender identity. Unless a more severe punishment is explicitly prescribed by this Code, such conduct shall be taken as an aggravating circumstance

Art. 111 para 4 [aggravated] Murder

The prison sentence of at least ten years or long-term imprisonment shall be:

(…)

4. Who kill out of greed, ruthless revenge, hatred, or other base motives,

 

Art. 116 Para 3 Female Genital Mutilation

(1) Whoever partially or totally removes or permanently alters the external female genitalia

shall be sentenced to imprisonment for a term of between six months and five years.

(2) Whoever incites a woman to subject herself to procedures referred to in paragraph 1 of this Article or assists therein

shall be sentenced to imprisonment for a term of up to three years.

(3) Whoever commits the offence referred to in paragraphs 1 and 2 of this Article out of hatred or against a child or family member

shall be sentenced to imprisonment for a term of between one and eight years.

 

Art. 117 Para 2 Bodily injury

(1) Whoever inflicts bodily injury or impairs health shall be punished by imprisonment of up to one year.

(2) Who commits the act referred to in paragraph 1 out of hatred, against a family member or a person particularly vulnerable because of his age, serious physical or mental disorders, disability or pregnancy, or an official in the performance of duty or public authority, shall be punished by imprisonment of up to three years.

(3) The offense referred to in paragraph 1 prosecuted by private prosecution.

 

Art. 118 Paragraph 2 - Serious Bodily Injury

(1) Whoever inflicts a serious bodily injury or severely impairs health shall be punished by imprisonment for six months to five years.

(2) who commits the act referred to in paragraph 1 of this Article out of hatred, against a family member or a person particularly vulnerable because of his age, serious physical or mental disorders, disability or pregnancy, or an official in the performance of duty or public authority, shall be punished by imprisonment for one to eight years.

 

Art. 119 Paragraph 2 – Particularly serious bodily injury

(1) If the offense referred to in Article 116, paragraph 1 and 2 [Ban of Female Genital Mutilation] and Article 118, paragraph 1 of this Act endangered the life of the injured, or destroyed, or permanently and drastically weakened to an important part of his body or an important organ, or results in permanent disability for work injured, or permanent and severe damage to his health, permanent disfigurement or permanent disability to play, shall be punished by imprisonment for one to eight years.

(2) Who commits the act referred to in paragraph 1 of this Article out of hatred, against a family member or a person particularly vulnerable because of his age, serious physical or mental disorders, disability or pregnancy, or an official in the performance of duty or public authority, shall be punished by imprisonment for one to ten years.

(3) If any of the consequences listed in paragraph 1 of this Article caused intentionally shall be punished by imprisonment for three to twelve years.

 

Art. 138 Paragraph 2 - Coercion

(1) Whoever, by force or serious threat to an action, omission or acquiescence shall be punished by imprisonment of up to three years.

(2) The offense referred to in paragraph 1 of this Article shall be prosecuted by private action, is a hate crime [or is against] a child or person with a disability or a family member

 

Art. 139 Paragraph 4 – Threat

(1) Whoever threatens another with some evil so as to frighten or upset shall be punished by imprisonment of up to one year.

(2) Whoever seriously threatens to kill or to inflict serious bodily harm, kidnap, or take away his freedom, or inflict harm by setting fire, explosion, ionizing radiation, weapons, dangerous tools or other dangerous means, or destroy social status or material existence shall be punished by imprisonment of up to three years.

(…)

(4) The offense referred to in paragraph 1 of this Article shall be prosecuted by private action, the offense referred to in paragraph 2 of this Article shall be prosecuted according to the motion, unless the act referred to in paragraph 1 or 2 is a hate crime [or is against] a child or person with a disability or a family member.

 

Art. 154 Serious Criminal Offences against Sexual Freedom

(1) The sentence of imprisonment for a term of between one and ten years shall be imposed on whoever commits the offence referred to in Article 152, paragraph 1, of this Act:

1. against a family member;

2. against a victim especially vulnerable due to his/her age, illness, addiction, pregnancy, disability, a severe physical or mental disorder;

3.  in an especially cruel or especially humiliating manner;

4. out of hatred;

5. together with one or more perpetrators, with several acts of sexual intercourse or sexual acts equated with sexual intercourse being committed against one and the same person;

6. by using weapons or dangerous tools;

7. in such a manner as to inflict severe physical injuries on the raped person or to make her pregnant.

(2) Whoever commits the offence referred to in Article 153, paragraph 1, of this Act under the circumstances referred to in paragraph 1 of this Article

shall be sentenced to imprisonment for a term of between three and fifteen years.

(3) If the criminal offence referred to in Article 152, paragraph 1, or Article 153, paragraph 1, of this Act, results in the death of the raped person,

the perpetrator shall be sentenced to imprisonment for a term of at least five years.

 

Art. 324 Paragraph 2 Provoking Riots

(1) Whoever participates in a crowd that by the use of violence against other persons or property, or threats of committing violence is jeopardising public order, or whoever incites the crowd to violence

shall be sentenced to imprisonment for a term of up to three years.

(2) If the criminal offence referred to in paragraph 1 of this Article is committed out of hatred, against a great many persons, by the use of weapons or dangerous instruments, or the life or limb of another person is thereby put at risk, or considerable pecuniary damage is thereby caused,

the perpetrator shall be sentenced to imprisonment for a term of between six months and five years.

(3) The perpetrator referred to in paragraph 1 or 2 of this Article who moves away at the request of an official person before he/she himself/herself commits violence shall not be sentenced for the criminal offences referred to in paragraphs 1 and 2 of this Article.

 

Art. 324 Paragraph 2 - Inciting riots

(1) Whoever participates in a multitude of violence against other persons or property or a threat to commit violence threatens public order or encourages the crowd to violence shall be punished by imprisonment of up to three years.

(2) If the offense referred to in paragraph 1 of this Article is committed out of hatred against many people, using a weapon or dangerous instrument or endangers the life or body of another person or led to considerable material damage shall be punished by imprisonment of six months to five years.

(3) Participant in paragraphs 1 and 2 of this Article that can be removed at the request of officials before himself committed it violence will be punished for the offense referred to in paragraphs 1 and 2 of this article.

Art. 325 - Public incitement to violence and hatred.

(1) Whoever in print, through radio, television, computer system or network, at a public gathering or in some other way publicly incites to or makes available to the public tracts, pictures or other material instigating violence or hatred directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, language, descent, colour, gender, sexual orientation, gender identity, disability or any other characteristics shall be punished by imprisonment not exceeding three years.

(2) Who organizes or leads a group of three or more persons for the purpose of committing the act referred to in paragraph 1 of this Article, shall be punished by imprisonment for a term between six months and five years.

(3) Who participates in the association referred to in paragraph 2 of this Article, shall be punished by imprisonment for a term not exceeding one year.

(4) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever publicly approves of, denies or grossly trivialises the crimes of genocide, crimes of aggression, crimes against humanity or war crimes, directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, descent or colour in a manner likely to incite to violence or hatred against such a group or a member of such a group.

(5) The attempt of criminal offence referred to in paragraph 1 and 4 of this Article shall be punishable.