Criminal Code of Slovakia, Act No. 300/2005, Effective 1 January 2006

The latest relevant amendment included the protected characteristic of sex into Section 140 e) of the Criminal Code.

Section 140 – (Definitions) Specific Motivation Specific motivation shall mean that a criminal offence was committed

(...)

e) from hatred against certain group of persons or an individual because of their real or perceived affiliation to any race, nation, nationality, ethnic group; or because of their actual or perceived origin, colour of skin, sex, sexual orientation, political beliefs or religion.

THE FOLLOWING PROVISIONS CONTAIN AN ENHANCED PENALTY IN CASE AN OFFENCE REFERRED TO HAS BEEN COMMITTED “BY REASON OF SPECIFIC MOTIVATION”:

Section 144/2/e - First Degree Murder 

Section 145/2/d - Second Degree Murder 

Section 147/2/b - Killing 

Section 154/2/c - Participating in a Suicide 

Sections 155/2/c and 156/2/b - Bodily Harm 

Section 159/3/b - Wrongful Taking of Organs, Tissues and Cells and Criminal Sterilization Section 160/2/b 

Section 170/2/d - Endangering Health due to Unauthorized Pharmaceuticals, Health Care Aids and Equipment 

Section 179/3/e - Trafficking in Human Beings 

Section 182/2/a - Deprivation of Personal Freedom 

Section 183/2/b - Restriction of Personal Freedom 

Section 184/2/b - Restricting the Freedom of Residence 

Section 185/2/c - Taking a Hostage 

Section 186/2/d - Kidnapping for Ransom 

Section 187/2/c - Abduction to a Foreign Country 

Section 188/2/e - Robbery 

Section 189/2/c - Extortion 

Sections 190/3/c and 191/2/c - Gross Coercion 

Section 192/2/c - Duress 

Section 193/2/c - Restricting the Freedom of Worship 

Section 194/2/d - Forcible Entry into Dwelling 

Section 194a/2/d – Protection of Privacy in Dwelling

Sections 196/3/b and 197/3/b - Breach of Mailing Secrets 

Section 199/2/c - Rape 

Section 200/2/c - Sexual Violence 

Section 201/2/c - Sexual Abuse 

Section 208/3/b - Battering a Close Person and a Person Entrusted into one’s Care 

Sections 209/2/b and 210/2/b - Kidnapping 

Section 211/3/b - Corrupting Morals of Youth 

Section 212/3/c - Theft 

Section 213/2/b - Embezzlement 

Section 214/2/b - Failure to Pay Wages and Redundancy Payment 

Section 215/2/b - Unlawful Enjoyment of a Thing of Another 

Sections 216/2/b and 217/2/b - Unlawful Enjoyment of a Motor Vehicle of Another 

Section 218/3/b - Unlawful Interference with a Title to a House, Dwelling or Non-residential Premises Section 219/3/c - Unlawful Manufacturing and Enjoyment of Payment Means, Electronic Money or Other Payment Card 

Section 219a/3/c – Unlawful Manufacturing, Enjoyment and Possession of the Instrument Verification Mark or Instrument Safety Mark

Section 220/2/c - Falsification and Fraudulent Alteration of Motor Vehicle Identification Numbers Section 221/3/b - Fraud 

Section 222/3/b - Credit Fraud 

Section 223/3/b - Insurance Fraud 

Section 224/2/b - Capital Fraud 

Section 225/4/b - Subsidy Fraud 

Section 226/2/b - Unjust Enrichment 

Section 229/2/b - Illegal Gambling and Wagers 

Section 230/2/b - Illegal Lotteries and Similar Games 

Section 231/2/b - Sharing 

Section 233/2/a - Legalisation of the Proceeds of Crime 

Section 235/3/c - Usury 

Section 237/2/b - Breach of Trust by Maladministration of Estates of Another 

Section 239/3/b - Harm Done to a Creditor 

Section 241/3/a - Deceitful Practices in Bankruptcy and Composition Proceedings 

Section 242/2/b - Obstructing Bankruptcy or Composition Proceedings 

Sections 245/2/b and 246/2/b - Harm Done to a Thing of Another 

Section 247c/3/a – Unlawful Capturing of Computer Data 

Section 248a/2/b – Damaging and Devaluation of Cultural Monument

Section 249/2/b - Damaging and Devaluation of Archaeological Heritage 

Section 249a/2/a - Falsification of Objects of Cultural Value

Section 250/2/c - Abusing Participation in Economic Competition 

Section 259/3/c - Distortion of Data in Financial and Commercial Records 

Section 261/2/b - Damaging Financial Interests of the European Communities 

Section 264/2/b - Endangering Trade, Bank, Postal, Telecommunication and Tax Secrets 

Section 265/3/b - Insider Trading 

Section 265a/3/b – Market manipulation

Section 266/2/b - Deceitful Practices in Public Procurement and Public Auction 

Section 274/2/b - Forgery, Fraudulent Alteration and Illicit Manufacturing of Duty Stamps, Postage Stamps, Stickers and Postmarks 

Section 275/2/b - Forgery and Fraudulent Alteration of Control Technical Measures for Labelling Goods 

Section 278a/2/a – Thwart of Tax Administration

Section 279/2/b - Breach of Regulations Governing State Technical Measures for Labelling Goods 

Section 281/3/b - Infringing Trademark, Registered Appellation of Origin and Trade Name Rights 

Section 283/2/c - Infringement of Copyright 

Section 284/2/c - Endangering Public Safety 

Section 290/2/c - Breach of Duty under Imminent Danger Situation 

Sections 294/4/b and 295/3/b - Prohibited Acquisition and Possession of Firearms and Trafficking in them 

Section 298/2/b –Prohibited Production and Possession of Nuclear Materials, Radioactive Substances, Hazardous Chemicals and Hazardous Biological Agents and Toxins 

Section 305/4/b - Breach of Plant and Animal Species Protection Regulations 

Section 309/2/b - Escape of Genetically Modified Organisms 

Section 326/2/c - Abuse of Power by a Public Official 

Section 342/2/a - Interfering with Judicial Independence 

Section 344/2/c - Obstruction of Justice 

Section 345/2/a - False Accusation 

Section 346/3/b - False Testimony and Perjury 

Section 347/2/b - False Expert Opinion, Interpreting and Translation 

Section 351/3/c - Obstructing the Preparation for and Holding of Elections or Referendum

Section 352/4/b – Forgery and Alteration of Public Documents, Official Seals, Official Emblem and Official Mark

Section 352a/2/e – False Medical Records

Section 355/3/b - Smuggling of Migrants 

Section 359/2/a – Violence against a Group of Persons

Section 360/2/d – Dangerous Threats and Section 360a/2/c – Dangerous Persecution

Section 364/2/a – Disorderly Conduct

Section 365/2/b – Desecration of Graves and Section 366/2/b – Desecration of the Dead

Section 373/2/b – Slander

Section 420/2/d – Torture and Other Inhuman or Cruel Treatment

Section 140a - Extremist Offenses, such as following:

Section 423/2/c – Defamation of the Nation, Race and Belief

Section 424/3/a – Incitement to National, Racial and Ethnic Hatred

Section 424a/2/c - Apartheid and Discrimination of Group of Persons

 

Section 359 - Violence against a Group of Citizens and against an Individual

(1) Any person who threatens a group of citizens with killing, inflicting grievous bodily harm or other aggravated harm, or with causing large-scale damage, or who uses violence against a group of citizens, shall be liable to a term of imprisonment of up to two years.

(2) The offender shall be liable to a term of imprisonment of between six months and three years if he commits the offence referred to in paragraph 1

a) by reason of specific motivation,

(…)

Section 360 - Serious Threats

(1) Any person who threatens another with killing, inflicting grievous bodily harm or other aggravated harm to an extent which may give rise to justifiable fears shall be liable to a term of imprisonment of up to one year.

(2) The offender shall be liable to a term of imprisonment of between six months and three years if he commits the offence referred to in paragraph 1

(…)

d) by reason of specific motivation, or

(…)

Section 360a/2/c - Dangerous Persecution

Section 360a

(1) Whoever pursues a long-term pursuit in such a way that it can give rise to serious concern about his or her life, health or the life or health of a close person, or significantly impair the quality of his or her life by

(a) threatening to harm or otherwise harming him or his/her close person,

(b) seeking his or her personal closeness or following him,

(c) to contact him/her through a third person or an electronic communications service, in writing or otherwise against his will,

(d) misuses his personal data for the purpose of obtaining personal or other contact, or

e) otherwise restricting their usual way of life,

shall be punished by imprisonment for up to one year.

(2) The offender shall be liable to a term of imprisonment of six months to three years if he commits the offence referred to in paragraph 1

(…)

c) by reason of specific motivation, or

(…).

Section 364 - Disorderly Conduct

(1) Any person who, either verbally or physically, commits gross indecency or disturbs peace in public or in a place accessible to public, in particular by

a) assaulting another,

b) desecrating the state symbol,

c) desecrating a historical or cultural monument,

d) grossly disturbing a citizens’ assembly or the course of sporting or cultural event, or

e) causing public nuisance through performing a sexual intercourse, sexual exhibitionism or other pathological sexual practices,

shall be liable to a term of imprisonment of up to three years.

(2) The offender shall be liable to a term of imprisonment of between six months and three years if he commits the offence referred to in paragraph 1

a) by reason of specific motivation,

(…)

Section 365 - Desecrating a Place of Eternal Rest

(1) Any person who destroys, damages or desecrates a grave, urn with the ashes of a deceased person, memorial or tombstone, or destroys or damages things at a burial ground or at other place of eternal rest, or who commits other gross indecency or beaches peace at a burial ground or at other place of eternal rest, shall be liable to a term of imprisonment of up to two years.

(2) The offender shall be punished imprisonment for six months to three years, if he commits the act referred to in paragraph 1 (...) (b) by reason of a specific motivation.

Section 366/2/b - Improper and Indecent Interference with a Dead Human Body

(1) Any person who abuses or desecrates a dead human body, or unlawfully carries out the exhumation of mortal remains, or who, without authorisation, takes mortal remains away from the place where they are put to rest, or handles mortal remains in breach of a generally binding legal regulation, shall be liable to a term of imprisonment of up to three years.

(2) The offender shall be liable to a term of imprisonment of one to five years if he commits the offence referred to in paragraph 1

a) acting in a more serious manner, or

b) by reason of specific motivation.

Section 373/2/b – Defamation

Section 373

(1) Any person who communicates a false information about another likely to considerably damage the respect of fellow citizens for such a person, damage his career and business, disturb his family relations, or cause him other serious harm, shall be liable to a term of imprisonment of up to two years.

(2) The offender shall be liable to a term of imprisonment of one to five years if he commits the offence referred to in paragraph 1,

(…)

b) by reason of specific motivation.

(…)

Section 420 - Torture and Other Inhuman or Cruel Treatment

(1) Any person who, in connection with the exercise of his powers of the public authority official, from his motion or with his explicit or implicit approval, causes another person physical or mental suffering by ill-treatment, torture or other inhuman and cruel treatment shall be liable to a term of imprisonment of two to six years.

(2) The offender shall be liable to a term of imprisonment of three to ten years if he commits the offence referred to in paragraph 1

(…)

d) by reason of specific motivation, or

e) against a person whose personal liberty was restricted in compliance with the law.

Section 423/2/c – Defamation of Nation, Race and Conviction

Section 423

(1) Any person who publicly defames

a) any nation, its language, any race or ethnic group, or

b) any individual or a group of persons because of their affiliation to any race, nation, nationality, complexion, ethnic group, family origin, religion, or because they have no religion,

shall be liable to a term of imprisonment of one to three years.

(2) The offender shall be liable to a term of imprisonment of two to five years if he commits the offence referred to in paragraph 1

(…)

c) by reason of specific motivation.

Section 424/3/a – Incitement to National, Racial and Ethnic Hatred

Section 423

(1) Any person who publicly incites to violence or hatred against a group of persons or an individual because of their true or alleged affiliation to any race, nation, nationality, ethnic group, true or alleged origin, complexion, sexual orientation, political opinions, religious beliefs or absence of thereof, or publicly incites to the restriction of their rights and duties, shall be liable to a term of imprisonment of one to three years.

 (....)

(3) The offender shall be liable to a term of imprisonment of two to six years if he commits the offence referred to in paragraph 1 or 2

by reason of specific motivation,

(...).

Section 424a/2/c – Apartheid and Discrimination of Group of People

Section 424a

(1) Whoever engages in apartheid or racial, ethnic, national or religious segregation or other extensive or systematic discrimination against a group of persons shall be liable to a term of imprisonment of four to ten years.

 (2) The offender shall be liable to a term of imprisonment of eight to fifteen years if he commits the offence referred to in paragraph 1

 (…)

c) by reason of specific motivation,

(…).