Criminal liability

Question 1

Criminal offence

Answer 1

means any conduct that committed intentionally or - if negligence also carries a punishment - by negligence, that is considered harmful to society and that is punishable by law.
 A criminal offense is committed with intent if the
person conceives a plan to achieve a certain result,
or acquiesces to the consequences of his conduct.
 An act of crime is committed by criminal negligence
where the perpetrator is able to anticipate the
possible consequences of his conduct, but
carelessly relies on their non-occurrence, or fails to
foresee such possible consequences through
conduct characterized by carelessness and
neglectfulness.

Question 2

Felony

Answer 2

is a crime committed intentionally which is punishable under the law by imprisonment of two or more years. Every other criminal offense is a misdemeanor

Question 3

Perpetrator

Answer 3

a person who actually commits a criminal act.

Question 4

Covert offender

Answer 4

a person who instigates the commission of an intentional offense by using a person who cannot be prosecuted for reason of minority or insanity, of for reason of acting under undue influence by coercion or duress, or under misconception.

Question 5

Coactor

Answer 5

a person who knowingly and voluntarily participates in a criminal act jointly with others, in full knowledge of each others activities.

Question 6

Abettor

Answer 6

a person who intentionally persuades another person to commit a crime.

Question 7

Accomplice

Answer 7

a person who knowingly and voluntarily helps another person to commit a crime.

Question 8

Preclusion of punishment

Answer 8

 a) being below the age of criminal responsibility;  b) insanity;
 c) coercion and threat;
 d) mistake;
 e) justifiable defense;
 f) means of last resort;
 g) statutory authorization;
 h) other grounds defined by law.

Question 9

Criminal responsibility shall be excluded:

Answer 9

 a) upon the death of the perpetrator;  b) by statutory limitation;
 c) by clemency;
 d) upon voluntary restitution;

Question 10

Penalties

Answer 10

 a) imprisonment;
 b) custodial arrest;
 c) community service work;
 d) fine;
 e) prohibition to exercise professional activity;
 f) driving ban;
 g) prohibition from residing in a particular
area;
 h) ban from visiting sport events;
 i) expulsion.
Prohibition to exercise professional activity may be
imposed upon a person who has committed a
criminal offense through the violation of the rules of
his/her profession requiring professional
qualifications or knowingly, by using his profession.

Question 11

Measures

Answer 11

 a) warning;
 b) conditional sentence;
 c) work performed in amends;
 d) probation with supervision;
 e) confiscation;
 f) confiscation of property;
 g) irreversibly rendering electronic information inaccessible;
 h) involuntary treatment in a mental institution;
 i) measures against legal persons

Question 12

Professional Misconduct

Malpractice

Answer 12

 Any person who engages in misconduct in the course of engaging in his profession, thus causing imminent danger to the life, bodily integrity or health of another person or persons by his failure to act with reasonable care, or causes bodily harm, is guilty of a misdemeanor.

Question 13

Misuse of Poison

Criminal Offenses with Toxic Substances

Answer 13

 Any person who - without proper authorization - prepares, possesses, uses or distributes poison, or who fails to take the measures prescribed for the prevention of any illegal use of poisons or for the protection of others is guilty of a misdemeanor, insofar as the act did not result in a more serious criminal offense.

Question 14

Criminal Offenses with Harmful Consumer Goods

Answer 14

 Any person who prepares or possesses any consumer goods for the purpose of distribution that is harmful to health is guilty of a misdemeanor.
 The person who committed the criminal offenses shall not be prosecuted if he makes every effort, upon gaining knowledge of the harmful nature of the consumer goods, to regain possession of the harmful consumer goods in question, or to prevent their being placed on the market.

Question 15

Criminal Offenses with Classified Information

Answer 15

Any person who:
 a) obtains or uses any classified information;
 b) discloses any classified information to an unauthorized person, or withholds such information from a competent person; is guilty of criminal offenses with classified information.
Any person who engages in preparations for criminal offenses with classified information as shall be punishable for a misdemeanor

Question 16

Perjury

Answer 16

Any witness who gives false testimony before the authority concerning an essential circumstance of a case, or suppresses evidence is guilty of perjury.
The provisions relating to perjury shall be applied to any person who:
 a) gives false opinion as an expert or false information as a special adviser;
 b) falsely translates as an interpreter or a translator;
 c) presents a false document or manipulated physical evidence in criminal or civil proceedings

Question 17

Organization of Illegal Animal Fights

Answer 17

 Any person involved in the organization of fights using vertebrate animals, or in making arrangements for betting or placing bets on such animal fight, is guilty of a felony.
 Any person involved in acquiring, keeping, breeding, training, domesticating or trafficking of vertebrate animals for the purpose of fights is guilty of misdemeanor.

Question 18

Cruelty to Animals

Answer 18

Any person who is engaged in the unjustified abuse or unjustified mistreatment of vertebrate animals resulting in permanent damage to the animal’s health or in the animal’s destruction;
 or who abandons, dispossess or expels a domesticated vertebrate animal or a dangerous animal is guilty of a misdemeanor.
The penalty for a felony shall be higher, if the criminal offense is carried out in a manner to cause undue suffering to the animal, or results in permanent damage to several animals or in the destruction of more than one animal.

Question 19

Violation of epidemic control regulations

Answer 19

Any person who breaches epidemiological measures introduced for the prevention of the spreading - within or across the border - of infectious animal diseases or for the eradication of suchis punishable for misdemeanor.