The Penal Code

Part II. Criminal acts

Chapter 25. Violent offences, etc.

Section 271.Physical assault

A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who commits an act of violence against another person or otherwise physically assaults him/her.

A physical assault may be exempted from punishment if

a.it has been met with retaliation in the form of a physical assault or bodily harm, or
b.it is committed in retaliation for a preceding physical assault, bodily harm or especially provocative statement.

Section 272.Aggravated physical assault

The penalty for aggravated physical assault is imprisonment for a term not exceeding six years. In determining whether the physical assault is aggravated, particular weight shall be given to whether it resulted in severe pain, injury or death, and otherwise whether it

a.occurred without cause and had the characteristics of an attack,
b.was committed against a defenceless person,
c.had the characteristics of abuse,
d.was committed by multiple persons acting together,
e.was motivated by the aggrieved person's skin colour, nationality or ethnic origin, religion, life stance, homosexual orientation or impaired functional ability, or
f.was carried out using a knife or other particularly dangerous implement.

Section 271, second paragraph, applies correspondingly.

Section 273.Bodily harm

A penalty of imprisonment for a term not exceeding six years shall be applied to any person who harms the body or health of another person, renders another person physically helpless or causes unconsciousness or a similar condition in another person.

Section 274.Aggravated bodily harm

The penalty for aggravated bodily harm is imprisonment for a term not exceeding 10 years. In determining whether the bodily harm is aggravated, particular weight shall be given to whether it resulted in an incurable defect or injury, illness or work incapacity of some duration or severe pain, considerable harm or death, and otherwise whether it

a.occurred without cause and had the characteristics of an attack,
b.was committed against a defenceless person,
c.had the characteristics of abuse,
d.was committed by multiple persons acting together,
e.was motivated by the aggrieved person's skin colour, nationality or ethnic origin, religion, life stance, homosexual orientation or impaired functional ability, or
f.was carried out using a knife or other particularly dangerous implement.

A penalty of imprisonment for a term not exceeding 15 years shall be applied to any person who causes considerable harm to the body or health of another person.

Section 275.Homicide

A penalty of imprisonment for a term of between eight and 21 years shall be applied to any person who kills another person.

Section 276.Consent of the aggrieved person

The penalties pursuant to sections 271, 272, 273 and 274, first paragraph, do not apply when the person at whom the act was directed consented.

If a person has been killed or subjected to considerable harm to his/her body or health with his/her consent, the penalty for the perpetrator may be set lower than the minimum penalty or to a milder penalty type than the penalty specified in sections 275 or 274, second paragraph.

Section 277.Contribution to suicide and to considerable self-inflicted harm to someone's body or health

Any person who contributes to another person's self-infliction of considerable harm to his/her body or health shall be subject to a penalty of imprisonment for a term not exceeding 15 years; see section 274, second paragraph.

Any person who contributes to the suicide of another person shall be subject to a penalty of imprisonment for a term of between eight and 21 years; see section 275.

When special reasons apply, however, the penalty pursuant to the first and second paragraphs may be set lower than the minimum penalty or to a milder penalty type than specified in section 274, second paragraph, and section 275.

No penalty applies as long as death or considerable harm to the person's body or health has not occurred.

Section 278.Mercy killing

If any person on compassionate grounds kills a person who is terminally ill or otherwise close to death, the penalty may be set lower than the minimum penalty or to a milder penalty type than follows from section 275.

Section 279.Conspiracy to commit homicide or inflict considerable harm to someone's body or health

A penalty of imprisonment for a term not exceeding 10 years shall be applied to any person who enters into a conspiracy with another person to commit an offence specified in section 274, second paragraph, or section 275.

Section 280.Negligent infliction of considerable harm to someone's body or health

A penalty of imprisonment for a term not exceeding three years shall be applied to any person who negligently inflicts considerable harm to the body or health of another person.

Section 281.Negligent causing of death

A penalty of imprisonment for a term not exceeding six years shall be applied to any person who negligently causes the death of another person.

Section 282.Abuse in close relationships

A penalty of imprisonment for a term not exceeding six years shall be applied to any person who by threats, force, deprivation of liberty, violence or other degrading treatment seriously or repeatedly abuses

a.a present or former spouse or cohabitant,
b.a relative in direct line of descent, or a present or former spouse's or cohabitant's relative in direct line of descent,
c.a relative in direct line of ascent,
d.a member of the person's household, or
e.anyone in the person's care.

When someone is found guilty of a criminal act pursuant to section 282 first paragraph b), the court shall consider whether a restraining order pursuant to section 57 should be imposed.

Section 283.Aggravated abuse in close relationships

The penalty for aggravated abuse in close relationships is imprisonment for a term not exceeding 15 years. In determining whether the abuse is aggravated, particular weight shall be given to whether it resulted in considerable bodily harm or death, as well as

a.its duration,
b.whether it was inflicted in a particularly painful manner or resulted in considerable pain, or
c.whether it was committed against a defenceless person.

Section 284.Genital mutilation

A penalty of imprisonment for a term not exceeding six years shall be applied to any person who performs a procedure on the genitalia of a woman that damages the genitalia or permanently modifies them. Reestablishment of genital mutilation is subject to the same penalty.

Consent does not exempt from a penalty.

A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to workers and employees in day-care centres, the child welfare service, the social service, the health and care service, schools, the before- and after-school care service and belief communities who fail to seek to avert a genital mutilation by making a report to the police or otherwise. The same applies to elders and religious leaders of belief communities. The duty to avert applies irrespective of any duty of confidentiality. Such failure is not subject to a penalty if the genital mutilation is not carried out and no punishable attempt to do so is made.

Section 285.Aggravated genital mutilation

The penalty for aggravated genital mutilation is imprisonment for a term not exceeding 15 years.

In determining whether the genital mutilation is aggravated, particular weight shall be given to whether the procedure resulted in

a.illness or work incapacity of some duration; see section 274,
b.an incurable defect, flaw or injury, or
c.death or considerable harm to someone's body or health.

Section 286.Violence against particularly exposed occupational groups

Any person who by use of violence seeks to influence the work activities of a member of a particularly exposed occupational group shall be subject to a penalty of a fine or imprisonment for a term not exceeding three years.

«Particularly exposed occupational group» means

a.health personnel providing health assistance for medical reasons,
b.persons who operate publicly available passenger transport, such as a railway, metro, tram, bus, airplane, taxi or ferry, and
c.persons who are responsible for education in primary, lower secondary or upper secondary school.

Section 287.Neglect of duty to assist

A penalty of a fine or imprisonment for a term not exceeding six months shall be applied to any person who fails to

a.provide assistance to the best of his/her ability to a person at obvious risk of losing his/her life or suffering considerable harm to his/her body or health, or
b.seek to avert to the best of his/her ability, by making a report to the police or by other means, a fire, flood, explosion or similar accident that entails a threat to human life or a risk of considerable harm to someone's body or health.

Breach of the duty to assist pursuant to the first paragraph is not penalised if the duty could not be fulfilled without exposing oneself or other persons to particular risk or sacrifice.

Section 288.Abandonment in helpless state, etc.

A penalty of imprisonment for a term not exceeding three years shall be applied to any person who abandons another person in a helpless state dangerous to life, body or health. The same penalty applies to any person who fails to assist a person in a helpless state for whom he/she has a duty of care.