Unpaid wages, reckless driving, defamation, higher penalties and extended statute of limitations are just some of the novelties being introduced as of January 1, 2013 with the new Penal Code, which also decriminalises possession of drugs for personal use.
Under the previous legislation, a penalty of six-month imprisonment for drug possession for personal use was codified but the new code treats it as a non-arrestable misdemeanor offence which entails a fine of between 5,000 and 20,000 kuna or an order for compulsory rehabilitation or community service may be issued.
Production, however, of even one plant of cannabis will continue to be considered a criminal offence, and production, sale or mediating in the sale of illegal narcotics will incur higher sentences of between 10 to 12 years of imprisonment. A prison sentence of 15 years may be ruled against a perpetrator who participates in dealing drugs to children, in schools or nearby, or near any judicial institution. The same applies for those who exploit children for the sale of drugs.
The new Penal Code, however, does not specify the quantity of drugs considered to be for personal use as lawmakers regard that this could go in favour of dealers in finding loopholes in the law.
Unpaid wages or partial payment and unpaid contributions on salaries will now be treated as a criminal offence except if an employer has strong economic reasons for failure to pay out wages due to lack of funds or inability to dispose of funds. These offences could incur penalties of up to three years imprisonment but can be excused if the salaries are paid out in the meantime.
This past November, the amendments to the law reinstated secrecy of confession. The code's section on this matter has been brought in line with the Treaty with the Holy See and confessors along with attorneys are exempt from reporting a criminal offence. All citizens are obliged to do so except for immediate family but they too are obliged if the crime committed is at the detriment of a child.
Crimes involving sexual abuse of children will have to be reported by members of the perpetrator's family and the statute of limitations for these crimes starts running only after the victim reaches maturity.
The Penal Code introduces a new criminal offence of reckless driving that threatens lives as a result of violation of traffic regulations, driving under the influence of narcotics or 1.5 blood alcohol level, driving in the wrong direction, overtaking a column of vehicles or driving 50 km over the limit. Penalties of up to three years imprisonment even if no accident occurs as a result are codified.
Another novelty is reckless boating which could incur a penalty of between six months to five years or could be as high as 12 years in the case of a fatality.
Amendments to the Penal Code foresee an increase in maximum penalty for abuse of office or authority from 10 years to 12 years.
Other novelties include penalties for mobbing in the workplace, family violence and higher penalties for offering or taking bribes which currently could incur six months to five years to at least one to eight years. The definition of offering bribes has been broadened to include third persons.
The maximum prison sentence of 40 years is to be extended to 50 years and the statute of limitation on these crimes is to be extended from 30 to 40 years.
The new Penal Code has extended the statute of limitations in significantly more cases and the new provisions apply to cases that are currently in proceedings. Criminal cases with non-final rulings handed down until 1 January 2013 are to have their statute of limitations extended by two years.