Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
Violence against a member of a community
Section 216 (1) A person who, because of the fact that another person, actually or
presumably, belongs to a national, ethnic, racial or religious group or another group of
society, in particular because of his disability, gender identity or sexual orientation, displays a
conspicuously anti-social conduct that is capable of causing alarm in members of the
respective group is guilty of a felony and shall be punished by imprisonment for up to three
years.
(2) A person who assaults or coerces another person by violence or threat to do, not to do or
to tolerate something because he, actually or presumably, belongs to a national, ethnic, racial
or religious group or another group of society, in particular because of his disability, gender
identity or sexual orientation, shall be punished by imprisonment for one to five years.
(3) The punishment shall be imprisonment for two to eight years if the criminal offence of
violence against a member of a community is committed
a) with a weapon,
b) with an instrument capable of causing death,
c) by causing significant harm to interests,
d) by tormenting the aggrieved party,
e) by a group, or
f) in a criminal conspiracy.
(4) A person who commits preparation for violence against a member of a community is
guilty of a misdemeanour and shall be punished by imprisonment for up to two years.
Violation of the freedom of association and assembly
Section 217 (1) A person who prevents another person from exercising his right of
association or assembly by violence or threat is guilty of a felony and shall be punished by
imprisonment for up to three years.
(2) A person who hinders or obstructs an assembly, otherwise frustrates the organisation of
an assembly, or causes serious disturbance during an assembly is guilty of a misdemeanour
and shall be punished by imprisonment for up to one year, unless a criminal offence of greater
gravity is established.
Section 217/A A person who resists, by violence or threat, an organiser, leader or staff
member of an assembly while he carries out his lawful tasks necessary for organising the
assembly, or assaults such a person while he carries out his tasks as an organiser, is guilty of a
misdemeanour and shall be punished by imprisonment for up to two years, unless another
criminal offence is established.
Section 217/B (1) A person who fails to comply with a restriction ensuring the peaceful
nature of an assembly pursuant to the Act on the right of assembly is guilty of a
misdemeanour and shall be punished by imprisonment for up to one year, unless a criminal
offence of greater gravity is established.
(2) The leader of an assembly shall be punished under paragraph (1) if a staff member
employed by him fails to comply with a restriction ensuring the peaceful nature of the
assembly and he fails to replace the staff member concerned immediately after becoming
aware of the situation.
Section 217/C A person who organises a prohibited assembly or announces such an
assembly within the meaning of the Act on the right of assembly is guilty of a misdemeanour
and shall be punished by imprisonment for up to one year, unless another criminal offence is
established.
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