AppendixSelected Articles of the Criminal Code 487 Article 111. Torment (1) Inflicting physical or psychological suffering through systematic beatings or through other violent means, having not resulted in the consequences as under Articles 104, 105 of this Code… [i]s punishable by imprisonment of up to three years. (2) The same if committed 1) with regard to two or more persons; 2) with regard to a person performing his official or public duties, as well as with regard to the relatives of such person; 3) with regard to a woman known to be pregnant; 4) with regard to a known minor or helpless person or to a person who is materially or otherwise dependent upon the perpetrator, as well as to a person who had been abducted or taken hostage; 5) with the help of torture; 6) by a group of persons; 7) by a group of persons under conspiracy; 8) by an organized group of persons; 9) as a paid job [i]s punishable by three to seven years of imprisonment. Article 112. Purposeful infliction of light damage to health (1) Purposeful infliction of light damage to health having resulted in a short-term health disorder or in a minor permanent loss of the ability to work [i]s punishable by arrest of up to six months or by imprisonment of up to one year. (2) The same having not resulted in the consequences outlined in the first section of this Article [i]s punishable by a fine of up to 30 minimum monthly wages, or by arrest of up to three months. Article 113. Threat of murder (1) Threat of murder when there are sufficient grounds to take it seriously [i]s punishable by arrest of up to six months or by imprisonment of up to two years. (2) The same if committed 1) by a member of an organized group or in the interests of the latter; 2) with regard to a person performing his official or civic duties, as well as with regard to the close relatives of such person; [i]s punishable by three to five years of imprisonment. Article 129. Rape (1) Rape, i.e. sexual intercourse through the use of physical violence, threats of physical violence to the victim or her kinship, or taking advantage of the helpless state of the victim, [i]s punishable by five to eight years of imprisonment. (2) Rape 1) if committed repeatedly or by a person who had been previously convicted under the articles of this Chapter; 2) if committed by a group of persons; 3) if committed by a group of persons under conspiracy; 4) if committed with threats of death or serious health injury, as well as with particular cruelty towards the victim or other persons; 5) if the victim has consequently contracted a sexually transmitted disease; 6) of a minor [i]s punishable by eight to 15 years of imprisonment. (3) Rape 1) if having resulted for the victim in an accidental death, HIV infection or other grave consequences; 2) if committed by an organized group of persons; 3) of a child [i]s punishable by 15 to 20 years of imprisonment. (4) Rape of a child having caused extremely grave consequences [i]s punishable by 20 to 25 years of imprisonment or the death penalty. Note: In cases where the perpetrator reasonably assumed the minor victim to be an adult he shall be prosecuted under part 1 of this article, unless there are the circumstances provided for in points 1-5 of the second part of this article. In cases where the perpetrator reasonably assumed the child victim to be a minor he shall be prosecuted under point 6 of the second part of this article, unless there are the circumstances provided for in points 1 and 2 of the third part of this article. Other grave consequences under point 1 of the third part of this article shall mean the following: suicide or suicidal attempt by the victim (both adult and minor), psychological disorder of the victim, any serious health injury of the victim (discontinuing pregnancy or causing abdominal pregnancy as a result of rape), including injuries that endanger life at the moment of infliction. Extremely grave consequences under part 4 of this article shall mean the following: suicide or suicidal attempt by the child victim, psychological disorder of the child victim, any serious health injury of the child victim (causing extra-abdominal pregnancy, loss of the reproductive ability, loss of sexual intercourse ability as a result of rape), including injuries that endanger life at the moment of infliction, accidental death or HIV infection of the child victim. A child victim shall be a girl under 14 years of age. Article 155. Forcing a woman to marry or preventing a woman from marriage Forcing a woman to marry or to continue a marriage or kidnapping her in order to marry without her consent, as well as preventing a woman from marriage [i]s punished by a fine in the amount of 100 to 200 times the minimum monthly wage or up to five years in prison. Selected Articles of the Administrative Code488 Article 66-3. Domestic Violence Domestic violence – any deliberate actions (physical, psychological and sexual) of one family member against another, if these actions violate the person’s constitutional or other rights, result in light damage to a person’s health, cause physical or psychological suffering, or damage a person’s physical or psychological development—regardless of age or sex—and these actions do not qualify for criminal liability, an administrative fine should be levied against the perpetrator of five to 10 times the calculated indices.
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