The Penal Code

Part II. Criminal acts

Chapter 18. Terrorist acts and terrorism-related acts

Section 131.Terrorist acts

A criminal act as specified in sections 138 to 141, section 142 first paragraph, sections 143-144, 192, 238, 239, 240, 255, 257, 274, 275 and 355 is deemed to constitute a terrorist act and is punishable by imprisonment for a term not exceeding 21 years if it has been committed with terrorist intent as specified in the second paragraph.

Terrorist intent exists if an act as specified in the first paragraph is committed with the intention of

a.seriously disrupting a function of vital importance to society, such as a legislative, executive or judicial authority, energy supply, reliable supply of food or water, the banking and monetary system or medical services and disease control,
b.causing serious fear in a population, or
c.wrongfully compelling public authorities or an intergovernmental organisation to perform, submit to or omit to do something of substantial importance to the country or the organisation, or to another country or intergovernmental organisation.

Any person who intends to carry out an offence as specified in the first paragraph or section 132, and who commits acts that facilitate and point towards carrying out the offence, shall be subject to punishment for attempt. An attempt is punishable by a milder penalty than is a completed violation. Section 16, second paragraph, applies correspondingly.

The penalty may not be set below the minimum penalty prescribed in the provisions specified in the first paragraph.

Section 132.Aggravated terrorist acts

The penalty for aggravated violation of section 131 is imprisonment for a term not exceeding 30 years. In determining whether the terrorist act is aggravated, particular weight shall be given to whether it

a.has caused the loss of several human lives or very extensive destruction of property or the environment, or an especially high risk thereof,
b.has been committed using particularly harmful means,
c.has been committed by a person who by virtue of his/her position enjoys special trust which may be exploited to commit a terrorist act.

Section 133.Terrorist conspiracy

A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who plans or prepares a terrorist act by entering into a conspiracy with another person to commit a criminal act specified in sections 131, 138, 139, 141, 141 a, 142, 143 or 144.

A penalty of imprisonment for a term not exceeding 3 years shall be applied to any person who enters into a conspiracy to commit a criminal act specified in sections 137 or 140.

Section 134.Terrorist threats

Any person who threatens to commit an act specified in section 131 or sections 137 to 144 shall be subject to a penalty of imprisonment for a term not exceeding 10 years.

If the threat results in an outcome specified in section 131, second paragraph, the penalty is imprisonment for a term not exceeding 21 years.

Section 135.Terrorist financing

A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who illegally provides, receives, sends, procures or raises money or other assets with the intent or knowledge that the resources will be wholly or partly used

a.to commit an act specified in section 131, section 134, 136 b or sections 137 to 144,
b.by a person or group whose purpose is the commission of acts specified in section 131, section 134, 136 b or sections 137 to 144, when the person or group has taken steps to achieve the purpose by unlawful means,
c.by an enterprise owned or controlled by someone specified in b), or
d.by an enterprise or a person acting on behalf or on the instructions of someone specified in b).

The same penalty applies to any person who makes banking or other financial services available to persons or enterprises specified in the first paragraph, b), c) or d).

Section 136.Inciting terrorist acts; recruiting and training for terrorist acts

A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who

a.publicly incites another person to commit a criminal act specified in sections 131, 134 or 135, or sections 137 to 144,
b.recruits another person to commit a criminal act specified in sections 131, 134 or 135, or sections 137 to 144,
c.provides training in methods or techniques that are particularly well suited for the commission or facilitation of a criminal act specified in sections 131, 134 or 135, or sections 137 to 144, with the intent that the skills shall be used for such purpose, or
d.receives training in methods or techniques that are particularly well suited for the commission or facilitation of a criminal act specified in sections 131, 134 or 135, or sections 137 to 144, with intent to use the skills for such purpose or with the intent that the training is provided with such use in mind.

Section 136 a.Penalty for participation, etc. in a terrorist organisation

A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who forms, participates in, recruits members into or provides financial or other material support for a terrorist organisation, when the organisation has taken steps to achieve the purpose by unlawful means.

Contribution is not penalised.

Section 136 b.Travel for terrorist purposes

A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who travels to another country with intent to commit, plan or prepare for an act as mentioned in sections 131, 134, 135, 136 or sections 137 to 144.

Section 137.Contribution to evasion of a penalty for terrorist acts

A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who transports, conceals or otherwise contributes to evasion of prosecution or an imposed penalty by a person who has committed a criminal act specified in sections 131, 134 or 135, or sections 138 to 144.

Any person who has provided assistance as specified in the first paragraph to his or her next-of-kin shall not be penalised.

Section 138.Terrorist bombing

A penalty of imprisonment for a term not exceeding 21 years shall be applied to any person who sends, places, fires or detonates an explosive charge or other potentially lethal device to, in or against a public place, a state or public facility, a public infrastructure facility or a public transport system with intent to cause loss of human life or considerable harm to body, property or the environment.

Section 139.Hijacking of aircraft, ship, or similar

Any person who by violence, threats, technology or other unlawful means forcibly takes control of an aircraft in operation or a ship or interferes with a flight or voyage shall be subject to a penalty of imprisonment for a term not exceeding 21 years. The same penalty applies to any person who by such means forcibly takes control of installations or facilities on the continental shelf.

Section 140.Disruption of the safe operation of aircraft, ship, or similar

A penalty of imprisonment for a term not exceeding 6 years shall be applied to any person who by violence, destruction on property, communication of incorrect information or other means disrupts the safe operation of an aircraft, airport or ship, or installations or facilities on the continental shelf, and thereby creates a risk of loss of human life or considerable harm to body, property or the environment.

Section 141.Use and release of hazardous substances involving aircraft, ship, or similar

A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who creates a risk of loss of human life or considerable harm to body, property or the environment by

a.using an explosive or radioactive material or a biological or chemical weapon on or against an aircraft, a ship or installations or facilities on the continental shelf, or
b.releasing an explosive or radioactive material, a biological or chemical weapon, oil, liquid natural gas or other poisonous or hazardous substance from an aircraft, a ship or installations or facilities on the continental shelf.

Section 141 a.Hazardous use of aircraft or ship

A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who operates or uses an aircraft or a ship with the intention of thereby causing loss of human life or considerable harm to body, property or the environment.

Section 142.Unlawful involvement with dangerous materials, etc.

A penalty of imprisonment for a term not exceeding 21 years shall be applied to any person who with intent to create a risk of loss of human life or considerable harm to body, property or the environment unlawfully

a.uses an explosive or radioactive material, a biological or chemical weapon or a nuclear or radioactive device, or
b.uses or damages a nuclear facility or disrupts the operation of a nuclear facility in a way that radiation or the release of radioactive material may result.

The same penalty applies to any person who with intent to cause another person to be forced thereby to perform, submit to or omit to do something, unlawfully

a.uses an explosive or radioactive material, a biological or chemical weapon or a nuclear or radioactive device, or
b.uses or damages a nuclear facility or disrupts the operation of a nuclear facility in a way that radiation or the release of radioactive material may result.

A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who unlawfully receives, possesses, disseminates, transports or otherwise has unlawful involvement with

a.an explosive or radioactive material or a nuclear or radioactive device, if the material or device is to be used to force another person to perform, submit to or omit to do something or to be used for an act that creates a risk of loss of human life or considerable harm to body, property or the environment, or
b.a radioactive, biological or chemical weapon, or equipment or components constructed or prepared specifically for the making, use, production or delivery of nuclear material, if the equipment or components are to be used in unlawful nuclear activities.

A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who

a.by threats, violence, theft, misappropriation, fraud or other unlawful means seeks to gain possession of radioactive material, a chemical or biological weapon, a nuclear or radioactive device, or a nuclear facility, or
b.unlawfully brings, sends or moves radioactive material into or out of a state.

Section 143.Hostage-taking for terrorist purposes

A penalty of imprisonment for a term not exceeding 12 years shall be applied to any person who deprives another person of his or her liberty and who threatens to kill or injure the hostage or to continue the deprivation of liberty with intent to force another person to perform, submit to or omit to do something.

Section 144.Attack on an internationally protected person

A penalty of imprisonment for a term not exceeding 21 years shall be applied to any person who kills a head of state, a head of government, a foreign minister or any other internationally protected person while such person is outside his or her home country.

A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who deprives such a person of his or her liberty or harms him or her bodily, or who perpetrates a violent attack on his or her place of service, residence or means of transport, if the attack creates a risk of death or considerable bodily harm.

Section 145.Participation in military activity in an armed conflict abroad

Any person who illegally participates in military activities in an armed conflict abroad shall be subject to a penalty of imprisonment for a term not exceeding 6 years, unless such person participates on behalf of a government force.

Any person who intends to carry out an offence specified in the first paragraph and who initiates a journey to the area or commits other acts that facilitate and point towards carrying out the offence shall be subject to punishment for attempt. The attempt is punishable by a milder penalty than is a completed violation. Section 16, second paragraph, applies correspondingly.

Section 146.Recruitment for military activity

Any person who recruits another person to participate in unlawful military activity, see section 145, shall be subject to a penalty of imprisonment for a term not exceeding 3 years.