Translated by OSCE Mission to SaM February 2006
(Official Gazette of RS, Nos. 85/2005, 88/2005, 107/2005)
GENERAL PART
CHAPTER ONE
GENERAL PROVISIONS
No Criminal Offence or Punishment without Law
No one may be punished or other criminal sanction imposed for an offence that did not constitute a criminal offence at the time it was committed, nor may punishment or other criminal sanction be imposed that was not applicable at the time the criminal offence was committed.
No Punishment without Guilt
Punishment and caution may be imposed only on an offender who is guilty of the committed criminal offence.
Basis and Scope of Criminal Law Compulsion
Protection of a human being and other fundamental social values constitute the basis and scope for defining of criminal acts, imposing of criminal sanctions and their enforcement to a degree necessary for suppression of these offences.
Criminal Sanctions and their General Purpose
CHAPTER TWO
APPLICATION OF CRIMINAL LEGISLATION OF
THE REPUBLIC OF SERBIA
Temporal Application
Applicability of Criminal Legislation on the Territory of Serbia
Applicability of Criminal Legislation of Serbia to Perpetrators of Particular Criminal
Offences Committed Abroad
Criminal legislation of Serbia shall apply to anyone committing abroad a criminal offence specified in Articles 305 through 316, and 318 through 321 hereof or Article 223 hereof if counterfeiting relates to domestic currency.
Applicability of Criminal Legislation of Serbia to Serbian Citizen Committing Criminal
Offence Abroad
Applicability of Criminal Legislation of Serbia to a Foreign Citizen Committing a Criminal Offence Abroad
Special Requirements for Criminal Prosecution for Offences Committed Abroad
(1) In cases referred to in Articles 8 and 9 hereof, criminal prosecution shall not be undertaken if:
1) the offender has fully served the sentence to which he was convicted abroad;
2) the offender was acquitted abroad by final judgement or the statute of limitation has set in respect of the punishment, or was pardoned;
3) to an offender of unsound mind a relevant security measure was enforced abroad;
4) for a criminal offence under foreign law criminal prosecution requires a motion of
the victim, and such motion was not filed.
Calculating Detention and Time Served Abroad
Detention, any other depriving of liberty in respect of a criminal offence, depriving of liberty during extradition procedure, as well as the punishment that the offender has served abroad pursuant to the judgement of a foreign court shall be calculated in the punishment imposed by a domestic court for the same criminal offence, and if the punishment is not of the same kind, calculation shall be done according to the assessment of the court.
Applicability of the Law of a Member State Setting forth Criminal Offence
Applicability of the General Part of this Code
Provisions of the General Part of this Code shall apply to all criminal offences provided under this Code or other law.
CHAPTER THREE
CRIMINAL OFFENCE
Criminal Offence
Commission of Criminal Offence by Omission
Time of Commission of Criminal Offence
Place of Commission of Criminal Offence
An Offence of Minor Significance
Self-defence
(1) An act committed in self-defence is not a criminal offence.
Extreme Necessity
(1) An act committed in extreme necessity shall not constitute a criminal offence.
Force and Threat
(1) An act committed under irresistible force is not a criminal offence.
Guilt
(1) A perpetrator is guilty if he/she was mentally competent and acting with premeditation at the time of committing of the criminal offence, and was aware or should or could have been aware that his action was prohibited.
(2) A perpetrator is also guilty when acting in negligence, if so explicitly provided by law.
Mental Incompetence
(1) There is no criminal offence if it was committed in a state of mental incompetence.
Self-induced Incompetence
Premeditation
A criminal offence is premeditated if the perpetrator was aware of his act and wanted it committed or when the perpetrator was aware that he could commit the act and consented to its commission.
Negligence
A criminal offence is committed by negligence if the offender was aware that by his action he could commit an offence, but had recklessly assumed that it would not occur or that he would be able to prevent it or was unaware that by his action he could commit an offence although due to circumstances under which it was committed and his personal characteristics he was obliged to be and could have been aware of such possibility.
Liability for Graver Consequence
When a graver consequence has resulted from a criminal offence due to which a more severe punishment is provided by law, such punishment may be imposed if the consequence is attributable to the offender’s negligence, as well as if he acted with premeditation if this does not establish elements of another criminal offence.
(Error Facti)
Mistake of Law
(Error Iuris)
Article 29
Attempt
Inappropriate Attempt
An offender who attempts to commit a criminal offence with an inappropriate tool or against an inappropriate object may be remitted from punishment.
Voluntary Abandonment
Co-perpetration
If several persons jointly take part in committing a criminal offence, or jointly commit an offence out of negligence, or by carrying out a jointly made decision, by other premeditated act significantly contribute to committing a criminal offence, each shall be punished as prescribed by law for such offence.
Incitement
Aiding and Abetting
Limits of Culpability and Punishment of Accomplices
Attempt and Lesser Criminal Offence
Article 37
Culpability of an Editor-in-chief
1) if the author remains unknown until the conclusion of the main hearing before a
first instance court and the offence carries a statutory penalty of five years imprisonment or more; 2) if the information was published without the author’s consent; 3) if at the time of publication factual or legal obstacles existed for prosecution of the
author, and continue to exist.
(3) An editor-in-chief or person replacing him is not culpable if due to justifiable reasons he was unaware of any of the circumstances referred to in paragraph 2, items 1 through 3 of this Article.
Criminal Liability of Publisher, Printer and Producer
(1) If conditions set forth in Article 38 hereof exist, the perpetrators shall be:
1) publisher – for a criminal offence committed through regular printed publications, and if there is no publisher or factual or legal obstacles exist for his prosecution – the typesetter/printer who had knowledge thereof;
2) producer – for the criminal offence committed by way of compact disc, phonograph record, magnetic tape and other audio mediums, film for public and private showing, slides, video or other similar means intended for a wider audience.
(2) If the publisher, printer or producer is a legal entity or government authority, the official in charge of publishing, printing or production shall be culpable.
Application of Provisions of Articles 38 and 39
Provisions of Articles 38 and 39 hereof shall apply only provided these persons may not be considered perpetrators of a criminal offence pursuant to general provisions of this Code.
Protection of Sources of Information
Persons referred to in Articles 38 and 39 hereof shall not be considered perpetrators of a criminal offence if they failed to disclose to the court or a competent body the author of the information or source of information, unless a criminal offence has been committed which is punishable by at least five years imprisonment or more, or if necessary in order to prevent such criminal offence.
CHAPTER FOUR
PENALTIES
Purpose of Punishment
Within the framework of the general purpose of criminal sanctions (Article 4, paragraph 2), the purpose of punishment is:
1) to prevent an offender from committing criminal offences and deter them from future commission of criminal offences;
2) to deter others from commission of criminal offences;
3) to express social condemnation of the criminal offence, enhance moral strength and reinforce the obligation to respect the law.
Types of Punishment
The following sanctions may be pronounced to a perpetrator of criminal offence:
1) imprisonment;
2) fine;
3) community service;
4) revocation of driver’s license.
Principal and Secondary Penalties
(1) Imprisonment and community service may be pronounced only as principal sanctions.
Imprisonment
Release on Parole
Revocation of Parole
General Provisions on Fines
Fine in Daily Amounts
1) up to sixty for criminal offences punishable by imprisonment up to three months;
2) from thirty to one hundred and twenty for criminal offences punishable by imprisonment up to six months;
3) from sixty to one hundred and eighty for criminal offences punishable by imprisonment up to one year;
4) from one hundred and twenty to two hundred and forty for criminal offences punishable by imprisonment up to two years;
5) at least one hundred and eighty for criminal offences punishable by imprisonment up to three years.
6) within the prescribed amount for criminal offences where a fine is prescribed as the only penalty.
Fine in Particular Amount
6) within the prescribed amount for criminal offences where a fine is prescribed as the only penalty.
Enforcement of Fine
(5) After death of the convicted person the fine shall not be enforced.
Community Service
Revocation of Driver’s License
General Principles on Sentencing
Repeat Offence
The court may, in determining punishment for a perpetrator of a criminal offence they committed after serving of sentence, pardon or sentence under limitations or remittance of punishment, upon expiry of period for revocation of parole or admonition by the court, take such circumstance as aggravating, and shall give particular consideration to seriousness of the previous offence, whether the previous offence was of the same kind as the latter, whether both offences were committed from same motives, circumstances under which the offences were committed and the time elapsed from the previous conviction or pronounced punishment, pardon or sentence under limitations, remittance of punishment or of the expiry of the time limit for revocation of previous suspended sentence or pronounced caution by the court.
Mitigation of Penalty
The court may pronounce to a perpetrator of a criminal offence a penalty which is under statutory limits or a mitigated penalty, if:
1) mitigation of penalty is provided by law;
2) the law provides for remittance from punishment of the offender and the court decides otherwise;
3) the court finds that particularly mitigating circumstances exist and determines that the purpose of punishment may be achieved by a mitigated penalty.
Limits of Mitigation
Remittance of Punishment
Settlement of the Offender and Victim
Joinder of Offences
2) if the court has determined imprisonment for criminal offences in joinder, it shall increase the most severe punishment, provided that the single sentence does not attain the sum of cumulative sentences, or exceed twenty years' imprisonment;
3) if prison sentences of maximum three years are prescribed for all criminal offences in joinder, the single sentence may not exceed ten years' imprisonment;
4) if only fines are determined for criminal offences in joinder, the court shall pronounce a single fine in the amount of the cumulative sum of determined fines, provided it does not exceed eighteen million dinars, and where the court determined particular amounts (Article 50), the fine may not exceed one million or ten million dinars when one or more offences were committed for gain;
5) if only community service is provided for criminal offences in joinder, the court shall pronounce a single penalty of community service, provided it does not exceed three hundred and sixty hours, and the time period within which community service is performed should not exceed six months.
6) if imprisonment is provided for some criminal offences in joinder and a fine for others, the court shall pronounce a single fine pursuant to provisions of items 2 through 4 of this paragraph.
Continuing Offence
Sentencing
Crediting Time in Detention and Earlier Sentence
CHAPTER FIVE
CAUTIONARY MEASURES
Purpose of Suspended Sentence and Judicial Admonition
(1) Cautionary measures are suspended sentence and judicial admonition.
(2) Within the general purpose of criminal sanctions (Article 4, paragraph 2), the purpose of a suspended sentence and judicial admonition is not to impose a sentence for lesser criminal offences to the offender who is guilty when it may be expected that an admonition with the threat of punishment (suspended sentence) or a caution alone (judicial admonition) will have sufficient effect on the offender to deter him from further commission of criminal offences.
Suspended Sentence
(3) Security measures ordered together with suspended sentence shall be enforced.
Requirements for Pronouncing a Suspended Sentence
(1) A sentence of imprisonment of up to two years may be suspended.
Revocation of Suspended Sentence due to New Criminal Offence
Revocation of a Suspended Sentence due to a Previously
Committed Criminal Offence
Revocation of Suspended Sentence due to Failure to Meet
Particular Obligations
If by suspended sentence the convicted person is ordered to fulfil particular obligations referred to in Article 65, paragraph 2 hereof, and he fails to fulfil such obligation within the period set in the judgement, the court may extend the deadline during the period of probation, or may revoke the suspended sentence and order the penalty determined in the suspended sentence. If the court establishes that the convicted person is unable to fulfil the obligation on justifiable grounds, it may release him from such obligation or replace it by another appropriate obligation provided by law.
Time-limits for Revocation of a Suspended Sentence
Suspended Sentence with Protective Supervision
Requirements for Ordering Protective Supervision
Protective Supervision
Protective supervision may comprise one or more of the following obligations:
1) reporting to competent authority for enforcement of protective supervision within periods set by such authority;
2) training of the offender for a particular profession;
3) accepting employment consistent with the offender’s abilities;
4) fulfilment of the obligation to support family, care and raising of children and other family duties;
5) refraining from visiting particular places, establishment or events if that may present an opportunity or incentive to re-commit criminal offences;
6) timely notification of the change of residence, address or place of work;
7) refraining from drug and alcohol abuse;
8) treatment in a competent medical institution;
9) visiting particular professional and other counselling centres or institutions and adhering to their instructions;
10) eliminating or mitigating the damage caused by the offence, particularly reconciliation with the victim of the offence.
Selecting Measures of Protective Supervision
In selecting the obligations set forth in Article 73 hereof, the court shall particularly have regard to the age of an offender, his health, affinities and habits, motives from which he committed the offence, conduct after commission of the offence, earlier conduct, personal and family situation, ability to meet the ordered obligations as well as other circumstances pertinent to the personality of the offender which bear relevance to the selection of the measures for protective supervision and duration thereof.
Duration of Protective Supervision
Consequences of Failure to Fulfil Protective Supervision Requirements
If the convicted person under protective measures fails to fulfil the obligations ordered by the court, the court may caution him or replace the previously ordered obligation by another or extend the duration of protective supervision within the probationary period or revoke suspended sentence.
Judicial Caution
CHAPTER SIX
SECURITY MEASURES
Purpose of Security Measures
Within the general purpose of criminal sanctions (Article 4, paragraph 2), the purpose of security measures is to eliminate circumstances or conditions that may have influence on an offender to commit criminal offences in future.
Types of Security Measures
(1)The following security measures may be ordered to offender:
1) compulsory psychiatric treatment and confinement in a medical institution;
2) compulsory psychiatric treatment at liberty;
3) compulsory drug addiction treatment;
4) compulsory alcohol addiction treatment;
5) prohibition from practising a profession, activity or duty;
6) prohibition to drive a motor vehicle;
7) confiscation of objects;
8) expulsion of a foreigner from the country;
9) publishing of judgement.
(2) Under the conditions prescribed by this Code, certain security measures may be imposed on a mentally incompetent person who committed unlawful act provided under law as a criminal offence (Article 80, para 2).
Ordering Scurity Measures
Compulsory Psychiatric Treatment and Confinement in a Medical Institution
Compulsory Psychiatric Treatment at Liberty
Compulsory Drug Addiction Treatment
6) If an offender without justifiable reasons fails to undertake treatment at liberty or abandons treatment at his own volition, the court shall order coercive enforcement of such measure in an appropriate medical or other specialised institution.
Compulsory Alcohol Addiction Treatment
Prohibition to Practise a Profession, Activity or Duty
Prohibition to Drive a Motor Vehicle
(7) The law may stipulate mandatory ban to drive a motor vehicle.
Seizure of Objects
Expulsion of a Foreigner from the Country
Publishing of the Judgement
Termination of Security Measures Pursuant to Court Decision
CHAPTER SEVEN
CONFISCATION OF MATERIAL GAIN
Grounds for Confiscation of Material Gain
(1) No one may retain material gain obtained by criminal offence.
(2) The gain referred to in paragraph 1 of this Article shall be seized on conditions provided herein and by decision of the court determining commission of a criminal offence.
Conditions and Manner of Seizure of Material Gain
(3) If material gain is obtained by an offence for another, such gain shall be seized.
Protection of the Injured Party
CHAPTER EIGHT
LEGAL CONSEQUENCES OF CONVICTION
Ensuing of Legal Consequences of Conviction
Types of Legal Consequences of Conviction
(1) Legal consequences of conviction relating to loss or forfeiture of particular rights are:
1) termination of public function;
2) termination of employment or termination of practising a particular profession or occupation;
3) forfeiture of particular permit or license issued by decision of a government authority or local self-government authority.
(2) Legal consequences of conviction comprising ban on acquiring particular rights are: 1) prohibition of appointment to particular public office; 2) prohibition to acquire particular title, profession or occupation or promotion in
service;
3) prohibition of acquiring military officer rank;
4) prohibition to acquire particular permits and licenses issued by decision of a
government authority or local self-government authority.
Commencement and Duration of Legal Consequences of Conviction
(1) Legal consequences of conviction shall set in on the day the judgement becomes final.
CHAPTER NINE
REHABILITATION, END OF LEGAL CONSEQUENCES OF CONVICTION AND
DISCLOSURE OF DATA FROM CRIMINAL RECORDS
General Concept of Rehabilitation
Legal Rehabilitation
Article 98
(1) Legal rehabilitation may be granted only to persons who, prior to conviction in respect of relevant rehabilitation, had no prior convictions or are by law considered without prior convictions.
(2) Legal rehabilitation ensues if:
1) the person convicted but remitted of a penalty, or under pronouncement of judicial admonition, does not commit any new criminal offence within one year after the judgement becomes final;
2) the person under a suspended sentence does not commit any new criminal offence during probation period and within one year after the end of probation;
3) the person sentenced to a fine, community service, revocation of driving licence or imprisonment up to six months does not commit any new criminal offence within the period of three years after the penalty is enforced, is under statute of limitations or remitted;
4) the person sentenced to imprisonment of six months to one year does not commit any new criminal offence within the period of five years after the penalty is enforced, is under statute of limitations or remitted.
5) the person sentenced to imprisonment of one to three years does not commit any new criminal offence within the period of ten years after the penalty is enforced, is under statute of limitations or remitted.
(3) Legal rehabilitation shall not ensue if the secondary penalty has not been enforced or if security measures are still in force.
Judicial Rehabilitation
Judicial Rehabilitation of Persons with Prior Convictions
The court may grant rehabilitation of a person who has been convicted several times only if requirements referred to in Articles 98 and 99 hereof are satisfied in respect to each of criminal offences that such person has been convicted for. In deliberating whether to grant rehabilitation in such case, the court shall take into consideration all circumstances referred to in Article 99, paragraph 2 hereof.
Termination of Legal Consequences of Conviction
Article 101
Content and Disclosure of Data from Criminal Records
CHAPTER TEN
STATUTE OF LIMITATIONS
Limitations on Criminal Prosecution
Unless otherwise stipulated by this Code, criminal prosecution may not be instituted after elapse of:
1) twenty five years from the time of committing of a criminal offence punishable by law to imprisonment from thirty to forty years;
2) twenty years from the time of committing of a criminal offence punishable by law to imprisonment over fifteen years;
3) fifteen years from the time of committing of a criminal offence punishable by law to imprisonment of over ten years;
4) ten years from the time of committing of a criminal offence punishable by law to imprisonment of over five years;
5) five years from the time of committing of a criminal offence punishable by law to imprisonment of over three years;
6) three years from the time of committing of a criminal offence punishable by law to imprisonment of over one year;
7) two years from the time of committing of a criminal offence punishable by law to imprisonment of under one year or fine.
Course and Suspension of Limitations on Criminal Prosecution
Limitation on Enforcement of Penalty
(1) Unless otherwise provided herein, the pronounced penalty may not be enforced after expiry of:
Limitations on Enforcement of Secondary Penalty and Security Measure
Course and Suspension of Enforcement of Penalty and Security Measure
Criminal Offences and Enforcement of Penalty not subject to Limitation
There shall be no statute of limitation for criminal prosecution and enforcement of penalty for offences stipulated in articles 370 through 375 hereof, and for criminal offences that pursuant to ratified international treaties cannot be subject to limitations.
CHAPTER ELEVEN
AMNESTY AND PARDON
Amnesty
Pardon
Effect of Amnesty and Pardon to Rights of Third Parties
Granting of amnesty or pardon shall not prejudice any rights of third parties deriving from the conviction.
CHAPTER TWELVE
INTERPRETATION
Meaning of Terms for the Purpose of this Code
(3) An official is: 1) a person discharging official duties in government authority; 2) elected, appointed or assigned person in a government authority, local self-
government body or a person permanently or periodically discharging official duty or office in such bodies;
3) a person in an institution, enterprise or other entity who is assigned periodical discharge of public authority, who rules on rights, obligations or interests of natural or legal persons or on public interest;
4) an official shall also be a person who is in fact assigned discharge of official duty or tasks; 5) a member of the military, except in case of provisions of Chapter Thirty Three (Criminal Offences against Official Duty) hereof.
SPECIAL PART
CHAPTER THIRTEEN
OFFENCES AGAINST LIFE AND LIMB
Murder
Whoever causes death of another,
shall be punished with imprisonment from five to fifteen years.
Aggravated Murder
Whoever:
1) causes death of another in a cruel or insidious manner;
2) causes death of another by callous violent behaviour;
3) causes death of another and with premeditation endangers the life of other person;
4) causes death of another during commission of robbery or compound larceny,
5) causes death of another for gain, to commit or conceal another offence, from callous revenge or other base motives;
6) causes death of an official or serviceman during discharge or related to discharge of their duty;
7) causes death of a child or pregnant woman;
8) causes death of a member of his family whom he previously abused;
9) with premeditation causes death of several persons, and this not being a case of
manslaughter in a heat of passion, infanticide or mercy killing
shall be punished with imprisonment from thirty to forty years.
Manslaughter in a Heat of Passion
Whoever causes death of another while brought into a sudden heat of passions through no fault of his own by assault, abuse or serious insult of the killed person,
shall be punished with imprisonment from one to eight years.
Infanticide
A mother who causes death of her child at childbirth or immediately after delivery, while in sate of disorder caused by delivery,
shall be punished with imprisonment from six months to five years.
Mercy Killing
Whoever causes death of an adult from mercy due to serious illness of such person and at such person’s serious and explicit request,
shall be punished with imprisonment from six months to five years.
Negligent Homicide
Whoever causes death of another by negligence,
shall be punished with imprisonment from six months to five years.
Incitement to Suicide and Aiding in Suicide
(1) Whoever incites another to suicide or aids in committing suicide and this is committed
or attempted, shall be punished with imprisonment of from six months to five years.
(2) Whoever assists another in committing suicide under provisions of Article 117 hereof,
and this is committed or attempted, shall be punished with imprisonment from three months to three years.
(3) Whoever commits the act specified in paragraph 1 of this Article against a juvenile or
person in a state of substantially diminished mental capacity, shall be punished with imprisonment from two to ten years.
(4) If the act specified in paragraph 1 of this Article is committed against a child or
mentally incompetent person, the offender shall be punished in accordance with Article 114 hereof.
(5) Whoever cruelly or inhumanely treats another who is in a position of subordination or dependency and due to such treatment the person commits or attempts suicide that may be attributed to negligence of the perpetrator,
shall be punished with imprisonment from six months to five years.
Illegal Termination of Pregnancy
(1) Whoever contrary to regulations governing termination of pregnancy carries out an abortion of a pregnant woman with her consent, commences an abortion or aids her in committing an abortion,
shall be punished with imprisonment from three months to three years.
(2) Whoever engages in acts specified in paragraph 1 of this Article,
shall be punished with imprisonment from six months to five years.
the perpetrator shall be punished for the offence specified in paragraphs 1 and 2 of this Article by imprisonment of one to seven years, and for the offence specified in paragraph 3 of this Article by imprisonment of two to twelve years.
Serious Bodily Harm
(1) Whoever causes serious injury of another or causes serious impairment of health of
another, shall be punished with imprisonment from six months to five years.
(2) Whoever causes serious injury or health impairment of another resulting in endangering of life of that person or destroying or permanent and considerable damage or weakening of a vital function of his body or an organ, or permanent serious health impairment or disfigurement,
shall be punished with imprisonment of one to eight years.
(3) If death of the injured person results from acts specified in paragraphs 1 and 2 of this
Article, the offender shall be punished with imprisonment of two to twelve years.
(4) Whoever commits the act specified in paragraphs 1 and 2 of this Article from
negligence, shall be punished with imprisonment up to three years.
(5) Whoever commits the act specified in paragraphs 1 through 3 of this Article in a heat of passion, if brought in a sudden heat of passions through no fault of his own by assault, abuse or serious insult of the injured person,
shall be punished for the offence specified in paragraph 1 by imprisonment up to three years, and for the offence specified in paragraph 2 by imprisonment from three months to four years, and for the offence specified in para 3 by imprisonment six months to five years.
Light Bodily Injury
inflict serious injury or serious health impairment, the offender shall be punished with imprisonment up to three years.
Brawling
Whoever participates in a brawl resulting in death of another or grievous bodily harm, shall be punished for participation by fine or imprisonment up to three years.
Threat by Dangerous Implement in Brawl or Quarrel
Whoever in brawl or quarrel reaches for a weapon, dangerous implement or other means suitable to inflict grievous bodily harm or cause serious health impairment, shall be punished with fine or imprisonment up to six months.
Endangerment
(1) Whoever leaves another without assistance in a state or circumstances dangerous to
life or health that he induced, shall be punished with imprisonment from three months to three years.
(2) If the act specified in paragraph 1 of this Article results in serious health impairment
or grievous bodily harm of the abandoned person, the offender shall be punished with imprisonment from one to five years.
(3) If the act specified in paragraph 1 of this Article results in death of the abandoned
person, the offender shall be punished with imprisonment from one to eight years.
Abandonment of a Helpless Person
(1) Whoever abandons a helpless person entrusted in his care or whom he is obliged to
take care of, in life- or health-threatening state or circumstances, shall be punished with imprisonment of three months to three years.
(2) If the act specified in paragraph 1 of this Article results serious health impairment or
other grievous bodily harm of the abandoned person, the offender shall be punished with imprisonment of one to five years.
(3) If the act specified in paragraph 1 of this Article results in death of the abandoned
person, the offender shall be punished with imprisonment of one to eight years.
Failure to Render aid
(1) Whoever fails to render aid to a person in life-threatening situation although he could
have done so without risk to himself or another, shall be punished with fine or imprisonment up to one year.
(2) If failure to render aid results in serious health impairment or other grievous bodily
harm of the person in life-threatening situation, the offender shall be punished with fine or imprisonment up to two years.
(3) If failure to render aid results in death of the person in life-threatening situation, the offender shall be punished with imprisonment of three months to three years.
CHAPTER FOURTEEN
CRIMINAL OFFENCES AGAINST FREEDOMS AND RIGHTS OF MAN AND
CITIZEN
Violation of Equality
(1) Whoever denies or restricts the right of man and citizen guaranteed by the Constitution, laws or other legislation or general acts or ratified international treaties on grounds of nationality or ethnicity, race or religion or due to absence of such affiliation or difference in political or other conviction, sex, language, education, social status, social origin, property or other personal characteristic, or pursuant to such difference grants another privileges or benefits,
shall be punished with imprisonment up to three years.
(2) If the act specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be punished with imprisonment of three months to five years.
Violation of the Right to Use a Language or Alphabet
Whoever contrary to the regulations governing the use of language and alphabet of peoples or members of national and ethnic groups living in SaM denies or restricts to citizens the use of their mother tongue or alphabet when exercising their rights or addressing authorities or organisations,
shall be punished with fine or imprisonment up to one year.
Violation of the Right to Expression of National or Ethnic Affiliation
Whoever prevents another to express his national or ethnic affiliation or culture,
shall be punished with fine or imprisonment up to one year.
(2) The penalty specified in paragraph 1 of this Article shall be applied also to whoever coerces another to declare his national or ethnic affiliation.
(3) If the act specified in paragraphs 1 and 2 of this Article are committed by an official in
discharge of duty, such person shall be punished with imprisonment up to three years.
Violation of the Freedom of Religion and Performing Religious Service
(1) Whoever prevents or restricts another’s freedom of religion or practising a religion, shall be punished with imprisonment up to one year.
(2) The penalty specified in paragraph 1 of this Article shall also be imposed on whoever prevents or hinders another in performing religious services.
Article, shall be punished with imprisonment up to three years.
Unlawful Depriving of Liberty
(1) Whoever unlawfully detains another, keeps him in custody or otherwise unlawfully
deprives him of liberty or restricts his freedom of movement, shall be punished with imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed by an official
through abuse of position or authority, such person shall be punished with imprisonment of six months to five years.
(3) If unlawful depriving of liberty exceeded thirty days or was committed in cruel manner or if such act resulted in serious impairment of health of the person unlawfully deprived of freedom or if other serious consequences resulted,
the offender shall be punished with imprisonment of one to eight years.
(4) If the offences specified in paragraphs 1 and 3 of this Article result in death of the
person unlawfully deprived of liberty, the offender shall be punished with imprisonment from two to twelve years.
(5) An attempt of the offence specified in paragraph 1 of this Article is punishable.
Violation of Freedom of Movement and Residence
(1) Whoever denies or restricts freedom of movement or residence in the territory of SaM
to the citizen of Serbia, shall be punished with a fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be punished with imprisonment up to three years.
Abduction
(1) Whoever by use of force, threat, deceit or otherwise removes or holds another with the intent to extort money or other property gain from that person or another or to coerce that person or another to do or refrain from doing something or to endure,
shall be punished with imprisonment from one to ten years.
(2) Whoever threatens the abducted person for the purpose of accomplishing the aim of
abduction with murder or grievous bodily harm, shall be punished with imprisonment from three to twelve years.
(3) If the abducted person is held more than ten days or treated in cruel manner or his health is seriously impaired or other serious consequences resulted or whoever commits the offence specified in paragraph 1 of this Article against a juvenile,
shall be punished with imprisonment of three to fifteen years.
(4) If due to the offence specified in paragraphs 1, 2 and 3 of this Article result in death of
the abducted person or the offence is committed by an organised group, the offender shall be punished with imprisonment of five to eighteen years.
Coercion
(1) Whoever by use of force or threat coerces another to do or refrain from doing
something, or to endure, shall be punished with imprisonment up to three years.
(2) Whoever commits the offence specified in paragraph 1 of this Article in a cruel
manner or by threat of murder or grievous bodily harm or abduction, shall be punished with imprisonment of six months to five years.
(3) If the offence specified in paragraphs 1 and 2 of this Article result in grievous bodily
harm or other serious consequences, the offender shall be punished with imprisonment from one to ten years.
(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the person under coercion or if committed by an organised group,
the offender shall be punished with imprisonment from three to twelve years.
Extortion of Confession
the offender shall be punished with imprisonment from two to ten years.
Ill-treatment and Torture
(1) Whoever ill-treats another or treats such person in humiliating and degrading manner, shall be punished with fine or imprisonment up to one year.
such person shall be punished for the offence in paragraph 1 by imprisonment from three months to three years, and for the offence specified in paragraph 2 of this Article by imprisonment of one to eight years.
Endangerment of Safety
(1) Whoever endangers the safety of another by threat of attack against the life or body of
such person or a person close to him, shall be punished with fine or imprisonment up to one year.
(2) Whoever commits the offence specified in paragraph 1 of this Article against several
persons or if the offence causes anxiety of citizens or other serious consequences, shall be punished with imprisonment of three months to three years.
Infringement of Inviolability of Home
Article 139
(1) Whoever without permission breaks into another’s flat/house or another’s closed premises or at the request of an official does not leave such flat/house or premises,
shall be punished with fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be punished with imprisonment up to three years.
(3) The attempt of the offence specified in paragraphs 1 and 2 of this Article shall be punished.
Illegal Search
An official who in discharge of duty illegally conducts a search of an apartment/house, premises or person, shall be punished with imprisonment up to three years.
Unauthorised Disclosure of secret
(1) A lawyer, a physician or other person who discloses without permission a secret that
has come to his knowledge during performance of his professional duty, shall be punished with fine or imprisonment up to one year.
(2) Whoever discloses a secret in public or in other person’s interest when such interest prevails over the interest of non-disclosure of secret shall not be punished for the offence specified in paragraph 1 of this Article.
Violation of Privacy of Letter and other Mail
(3) If the offence specified in paragraphs 1 and 2 of this Article is committed by an
official in discharge of duty, such person shall be punished with imprisonment from six months to three years.
Unauthorised Wiretapping and Recording
(1) Whoever using special equipment taps or records conversation, statement or
announcement that is not intended for him, shall be punished with fine or imprisonment from three months to three years.
(2) The penalty specified in paragraph 1 of this Article shall be imposed also on whoever enables an unknown person to be informed with the conversation, statement or announcement obtained through unauthorised tapping or audio recording.
(3) if the offence specified in paragraphs 1 and 2 of this Article is committed by an
official in discharge of duty, such person shall be punished with imprisonment from six months to five years.
Unauthorised Photographing
(1) Whoever without authorisation makes a photographic, film, video or other recording of another thereby significantly violating his personal life or who delivers such recording to a third party or otherwise enables him to familiarise himself with contents thereof,
shall be punished with a fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be punished with imprisonment up to three years.
Unauthorised Publication and Presentation of another’s Texts,
Portraits and Recordings
(1) Whoever publishes or publicly presents another’s text, portrait, photograph, film or a phonogram of a personal character without consent of a person who has drawn up the text or to whom it is related, or without consent of the person depicted on the portrait, photograph or film or whose voice is recorded on a phonogram, or without consent of the person whose consent is mandatory by law and thereby significantly violates the private life of that person,
shall be punished with a fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be published by imprisonment up to three years.
Unauthorised Collection of Personal Data
(3) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be punished with imprisonment up to three years.
Violation of the Right to Legal Remedy
(1) Whoever prevents another to exercise the right to submit a plea, petition, complaint,
appeal, objection, other legal remedy or other submission, shall be punished with a fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be punished with imprisonment from three months to three years.
Violation of Freedom of Speech and Public Appearance
discharge of duty,
such person shall be punished with imprisonment up to three years.
Prevention of Printing and Distribution of Printed Material and Broadcasting
(3) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty,
such person shall be punished with imprisonment up to three years.
Prevention of Publication of Retort and Correction
Whoever contrary to final court decision refuses or prevents publication of retort or correction of a published incorrect fact or information which violates someone’s right or interest, shall be punished with a fine or imprisonment up to one year.
Prevention of Public Assembly
(1) Whoever by use of force, threat, deceit or otherwise prevents or hinders a public assembly organised in accordance with law, unless elements of some other serious criminal offence are present,
shall be punished with a fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official in
discharge of duty, such person shall be punished with imprisonment of three months to three years.
Prevention of Political, Trade Union or other Organising and Activity
Whoever by wilful violation of law or other unlawful manner prevents or disturbs political, trade union or other organising or activity of citizens or activity of their political, trade union or other organisations,
shall be punished with a fine or imprisonment up to one year.
Prosecution for Criminal Offences against Freedoms and
Rights of Man and Citizen
Prosecution for offences specified in Articles 138, paragraph 1, 139, paragraph 1, 142 paragraphs 1 and 2, 143 paragraphs 1 and 2, 144, paragraph 1, 145 paragraph 1, 146 paragraphs 1 and 2 and 147 paragraph 1 hereof shall be conducted against private complaint.
Prosecution for offences specified in Articles 141, 149 paragraphs 1 and 2, 150, 151 paragraph 1 and 152 paragraph 1 hereof are undertaken by prosecutor’s office.
CHAPTER FIFTEEN
CRIMINAL OFFENCES AGAINST ELECTORAL RIGHTS
Violation of the Right to Run in Elections
Whoever by violation of law or other unlawful means prevents or hinders running for election,
shall be punished with a fine or imprisonment up to one year.
Violation of the Right to Vote
shall be punished with imprisonment of three months to three years.
Giving and Accepting Bribes in connection with Voting
(1) Whoever offers, gives, promises reward, gift or other benefit to another in order to
vote or not to vote in elections or referendum for or against a particular person or issue, shall be punished with fine or imprisonment up to three years.
(2) The penalty specified in paragraph 1 of this Article shall be imposed on whoever demands or receives a gift or other benefit to vote or not vote in elections or referendum for or against a particular candidate or issue.
(3) If the offence specified in paragraph 1 of this Article is committed by a member of an
electoral board or other person acting in official capacity in respect of voting, such person shall be punished with imprisonment of three months to five years.
(4) A gift or other benefit shall be seized.
Abuse of the Right to Vote
(1) Whoever at elections or at a referendum votes instead of another person under his
name or at the same elections votes more than once or uses more than one ballot paper, shall be punished with a fine or imprisonment up to one year.
(2) A member of the electoral board who enables another to commit the offence referred
to in paragraph 1 of this Article, shall be punished with a fine or imprisonment up to two years.
Compiling of Inaccurate Voters’ Lists
Whoever with the intention to influence the results of elections or a referendum compiles an inaccurate voters’ list, shall be punished with a fine or imprisonment up to three years.
Prevention of Voting
(1) Whoever by force, threat or other unlawful manner prevents holding of voting at
polling station, shall be punished with imprisonment up to three years.
(2) Whoever obstructs voting by causing disorder at the polling station whereby voting is
interrupted, shall be punished with a fine or imprisonment up to two years.
Violating the Secrecy of Voting
electoral board or other person acting in official capacity in respect to voting, such person shall be punished with a fine or imprisonment up to two years.
Ballot and Election Fraud
A member of an election or referendum administration body or other person acting in official capacity in respect of voting, who by adding or removing ballot papers or votes during counting or otherwise alters the number of ballot papers or votes or publishes false voting results,
shall be punished with a fine or imprisonment up to three years.
Destroying of Documentation on Voting
(1) Whoever destroys, damages, removes or conceals a ballot paper or other document on
voting at elections or referendum, shall be punished with fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by a member of the
electoral board or other person acting in official capacity in respect of voting, such person shall be punished with imprisonment of three months to three years.
CHAPTER SIXTEEN
CRIMINAL OFFENCES AGAINST LABOUR RIGHTS
Violation of Labour Rights and Social Security Rights
Whoever deliberately fails to comply with law or other regulations, collective agreement and other general acts on labour rights and on special protection of young persons, women and disabled persons at work, or on social insurance rights and thereby deprives or restricts another’s guaranteed right,
shall be punished with a fine or imprisonment up to two years.
Violation of the Right to Employment and during Unemployment
Whoever deliberately contravenes regulations or otherwise unlawfully deprives or restricts a citizen’s right to be freely employed under equal conditions in the territory of Serbia,
shall be punished with a fine or imprisonment up to one year.
The penalty specified in paragraph 1 of this Article shall be imposed on whoever deliberately fails to comply with law and other regulations or general acts on rights of citizens during unemployment and thereby deprives or restricts a guaranteed right of the unemployed person.
Violation of the Right to Manage
(1) Whoever by force, threat, deliberate violation of regulations or otherwise unlawfully prevents or obstructs decision-making of managing bodies or a member of a managing body to participate in the work and decision-making of such body,
shall be punished with a fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official or
responsible officer by abuse of position or authority, such person shall be punished with a fine or imprisonment up to two years.
Violation of the Right to Strike
Abuse of the Right to Strike
Whoever organises or leads the strike in a way contrary to law or other regulations and thereby endangers human life and health or property of considerable extent, or if grave consequences result therefrom, unless elements of some other criminal offence entail,
shall be punished with imprisonment up to three years.
Abuse of the Right to Social Security Benefits
Whoever by malingering or self-inducing of illness or disability for work or otherwise unlawfully becomes eligible to some right to social security benefit that otherwise he would not be entitled to pursuant to law or other regulations or general acts,
shall be punished with a fine or imprisonment up to one year.
Disregard of Safety Measures at Work
CHAPTER SEVENTEEN
CRIMINAL OFFENSES AGAINST HONOUR AND REPUTATION
Insult
Article 170
(1) Whoever insults another person,
shall be punished with a fine ranging from twenty to one hundred daily amounts or a fine ranging from forty thousand to two hundred thousand dinars.
Defamation
(1) Whoever expresses or disseminates untruths regarding another person that may harm his honour or reputation,
shall be punished with a fine ranging from fifty to two hundred daily amounts or a fine ranging from one hundred to four hundred thousand dinars.
(2) If the offence specified in paragraph 1 of this Article is committed through the press,
radio, television or other media or at a public gathering, the offender shall be punished with a fine.
(3) If the expressed or disseminated untruths have resulted in serious consequences for the injured party,
the offender shall be punished with a fine ranging from one hundred and twenty to three hundred and sixty daily amounts or a fine from five hundred thousand to one million dinars.
Dissemination of Information on Personal and Family Life
(1) Whoever relates or disseminates information of anyone’s personal or family life that
may harm his honour or reputation, shall be punished with a fine or imprisonment up to six months.
(2) If the offence specified in paragraph 1 of this Article is committed through press,
radio, television or other media or at a public gathering, the offender shall be punished with a fine or imprisonment up to one year.
(3) If what is related or disseminated resulted or could have resulted in serious
consequences for the injured party, the offender shall be punished with imprisonment up to three years.
Ruining the Reputation of SaM and Member State
Whoever publicly ridicules SaM or its member state, their flag, coat of arms or anthem, shall be punished with a fine or imprisonment up to three months.
Ruining the Reputation of a Nation, National and Ethnic Groups of SaM
Whoever publicly ridicules a nation, national or ethnic group living in SaM,
shall be punished with a fine or imprisonment up to three months.
Ruining the Reputation of a Foreign State or International Organisation
(1) Whoever publicly ridicules a foreign state, its flag, coat of arms or anthem, shall be punished with a fine or imprisonment up to three months.
(2) The penalty specified in paragraph 1 of this Article shall be imposed on whoever publicly ridicules the Organisation of the United Nations, International Red Cross or other international organisation where SaM or Serbia is member.
Impunity for Criminal Offences referred in Articles 173 through 175
There shall be no punishment of the perpetrator for offences specified in Articles 173 through 175 if the statement is given within the framework of serious critique in a scientific, literary or art work, in discharge of official duty, performing journalist duties, political activity, in defence of a right or defence of justifiable interests, if it is evident from the manner of expression or other circumstances that it was not done with intent to disparage or if he proves the veracity of his allegations or that he had reasonable grounds to believe that what he said or disseminated was true.
Prosecution for Offences against Honour and Reputation
CHAPTER EIGHTEEN
SEXUAL OFFENCES
Rape
(1) Whoever forces another to sexual intercourse or an equal act by use of force or threat
of direct attack against the body of such or other person, shall be punished with imprisonment from two to ten years.
the offender shall be punished with imprisonment from three to fifteen years.
(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the
person against whom it was committed or if committed against a child, the offender shall be punished with imprisonment from five to eighteen years.
Sexual Intercourse with a Helpless Person
shall be punished with imprisonment of two to twelve years.
(3) If the offence specified in paragraphs 1 and 2 of this Article results in death of the
person against whom it was committed or if committed against a child, the offender shall be punished with imprisonment from five to eighteen years.
Article 180
(1) Whoever has sexual intercourse or commits an equal act against a child, shall be punished with imprisonment from one to ten years.
(2) If the offence specified in paragraph 1 of this Article results in grievous bodily harm of the child against whom the act was committed or if the act is committed by several persons or the act resulted in pregnancy,
the offender shall be punished with imprisonment from two to twelve years.
(3) If death of the child results due to the offence specified in paragraphs 1 and 2 of this
Article, the offender shall be punished with imprisonment from five to eighteen years.
(4) An offender shall not be punished for the offence specified in paragraph 1 of this Article if there is no considerable difference between the offender and the child in respect of their mental and physical development.
Sexual Intercourse through Abuse of Position
(1) Whoever by abuse of position induces to sexual intercourse or an equal act a person
who is in a subordinate or dependant position, shall be punished with imprisonment of three months to three years.
(2) Teacher, tutor, guardian, adoptive parent, stepfather or other person who through abuse of his position or authority has sexual intercourse or commits an act of equal magnitude a juvenile entrusted to him for learning, tutoring, guardianship or care,
shall be punished with imprisonment from one to ten years.
(3) If the offence specified in paragraph 2 of this Article is committed against a child, the offender shall be punished with imprisonment of two to twelve years.
(4) If the offence specified in paragraphs 1 through 3 of this Article resulted in pregnancy,
the offender shall be punished for the offence specified in paragraph 1 by imprisonment from six months to five years, and for the offence specified in paragraph 2 by imprisonment from two to twelve years, and for the offence specified in paragraph 3 by imprisonment from three to fifteen years.
(5) If death of the child results due to offence specified in paragraph 3 of this Article, the offender shall be punished with imprisonment from five to eighteen years.
Prohibited Sexual Acts
(1) Whoever under conditions specified in Article 178, paragraphs 1 and 2, Article 179, paragraph 1, Article 180 paragraph 1, and Article 181 paragraphs 1 through 3 hereof commits some other sexual act,
shall be punished with a fine or imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article results in grievous bodily harm of the person against whom the act is committed, or if the act is committed by several persons or in a particularly cruel or degrading manner,
the offender shall be punished with imprisonment from two to ten years.
(3) If the offence specified in paragraph 1 of this Article results in death of the person
against whom the act is committed,
the offender shall be punished with imprisonment from three to fifteen years.
Pimping and Procuring
sexual act, shall be punished with imprisonment up to three years.
Mediation in Prostitution
(1) Whoever causes or induces another person to prostitution or participates in handing over a person to another for the purpose of prostitution, or who by means of media or otherwise promotes or advertises prostitution,
shall be punished with a fine or imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed against a minor, the offender shall be punished with imprisonment from one to ten years.
Showing Pornographic Material and Child Pornography
(1) Whoever sells, shows or publicly displays or otherwise makes available texts, pictures, audio-visual or other items of pornographic content to a child or shows to a child a pornographic performance,
shall be punished with a fine or imprisonment up to six months.
(2) Whoever uses a child to produce photographs, audio-visual or other items of
pornographic content or for a pornographic show, shall be punished with imprisonment from six months to five years.
(3) Whoever sells, shows, publicly exhibits or electronically or otherwise makes available pictures, audio-visual or other items of pornographic content resulting from offences specified in paragraph 2 of this Article,
shall be punished with imprisonment up to two years.
(4) Items specified in paragraphs 1 through 3 of this Article shall be confiscated.
Prosecution for Criminal Offences against Sexual Freedom
Article 186
Prosecution for criminal offences specified in Article 178 and 179 hereof committed against a spouse and for the criminal offence specified in Article 182 paragraph 1 hereof is initiated by public prosecutor's office.
CHAPTER NINETEEN
OFFENCES RELATING TO MARRIAGE AND FAMILY
Bigamy
(1) Whoever enters into a new marriage although already married,
shall be punished with a fine or imprisonment up to two years.
(2) The penalty specified in paragraph 1 of this Article shall also be imposed on whoever enters into marriage with a person whom he/she knows is already married.
Concluding a Void Marriage
Enabling to Enter into Unlawful Marriage
An official vested with powers to conclude a marriage who in discharge of official duty knowingly allows concluding of marriage that is forbidden or void by law,
shall be punished with imprisonment from three months to three years.
Cohabiting with a Minor
(1) An adult cohabiting with a minor,
shall be punished with imprisonment up to three years.
Abduction of Minor
(1) Whoever unlawfully detains or abducts a minor from a parent, adoptive parent, guardian or other person or institution entrusted with care of the minor or whoever prevents enforcement of decision granting custody of a minor to a particular person,
shall be punished with a fine or imprisonment up to two years.
(2) Whoever prevents enforcement of the decision of a competent authority setting out the
manner of maintaining of personal relationships of a minor with parent or other relative, shall be punished with a fine or imprisonment up to one year.
Change of Family Status
(1) Whoever by substitution, replacement or otherwise changes the family status of a
child, shall be punished with imprisonment from three months to three years.
Neglecting and Abusing a Minor
(1) A parent, adoptive parent, guardian or other person who by gross dereliction of their
duty to provide for and bring up a minor neglects a minor they are obliged to take care of, shall be punished with imprisonment up to three years.
(2) A parent, adoptive parent, guardian or other person who abuses a minor or forces him to excessive labour or labour not commensurate with his age, or to mendacity, or for gain induces him to engage in other activities detrimental to his development,
shall be punished with imprisonment from three months to five years.
Domestic Violence
the offender shall be punished with imprisonment from three months to three years.
(3) If the offence specified in paragraphs 1 and 2 of this Article results in grievous bodily
harm or serious health impairment or if committed against a minor, the offender shall be punished with imprisonment from one to eight years.
(4) If the offence specified in paragraphs 1, 2 and 3 of this Article results in death of a
family member, the offender shall be punished with imprisonment from three to twelve years,
(5) Whoever violates a measure against domestic violence that was imposed on them by
the court in accordance with the law shall be punished with a fine or imprisonment up to six months.
Failure to Provide Maintenance
(3) If the offence specified in paragraph 1 of this Article resulted in serious consequences
for the maintained person, the offender shall be punished with imprisonment from three months to three years.
(4) If the court pronounces a suspended sentence, it may order an obligation to the perpetrator to settle due instalments and to provide maintenance regularly.
Violation of Family Duty
Article 196
(1) Whoever violates statutory family duties and thus leaves a family member who is
unable to care for himself in dire circumstances, shall be punished with imprisonment from three months to three years.
(2) If the offence specified in paragraph 1 of this Article resulted in serious health
impairment of a family member, the offender shall be punished with imprisonment from one to five years.
(3) If the offence specified in paragraph 1 of this Article results in death of a family
member, the offender shall be punished with imprisonment from one to eight years.
(4) If the court pronounces a suspended sentence for offences specified in paragraphs 1 and 2 of this Article, it may order the offender to discharge his family duties set out by law.
Incest
An adult who engages in sexual intercourse or an act of equal magnitude with an underage relative by blood, or an underage sibling,
shall be punished with imprisonment up to three years.
CHAPTER TWENTY
CRIMINAL OFFENCES AGAINST INTELLECTUAL PROPERTY
Violation of Moral Right of Author and Performer
(1) Whoever under his name or the name of another publishes or puts into circulation copies of another's copyrighted work or performance or otherwise publicly presents another's copyrighted work or performance, in entirety or in part,
shall be punished with a fine or imprisonment up to three years.
(2) Whoever without the author’s permission alters or adapts another’s copyrighted work
or alters another’s recorded performance, shall be punished with a fine or imprisonment up to one year.
(3) Whoever puts into circulation copies of another's copyrighted work or performance in
a manner insulting the honour and reputation of the author or performer, shall be punished with a fine or imprisonment up to six months.
(4) Things referred to under paragraphs 1 through 3 of this Article shall be seized.
(5) Prosecution for offences specified in paragraph 2 of this Article is initiated by the prosecution, and for offences referred to in paragraph 3 of this Article by private action.
Unauthorised Use of Copyrighted Work or other Work Protected by Similar Right
(3) If the offence referred to in paragraphs 1 and 2 of this Article was committed with
intent to acquire material gain for oneself or another, the offender shall be punished with imprisonment from three months to five years.
(4) Whoever produces, imports, puts into circulation, sells, rents, advertises for sale or renting, or keeps for commercial purposes, equipment and devices whose basic or prevailing purpose is to remove, bypass or forestall technological measures intended for prevention of violation of copyright and other similar rights, or who uses such equipment or devices with an aim to violate copyright or other similar right,
shall be punished with a fine or imprisonment up to three years.
(5) The things referred to in paragraphs 1 through 4 shall be seized and destroyed.
Unathorised Removal or Altering of Electronic Information on Copyright and Similar
Rights
(1) Whoever without authorisation removes or alters electronic information on copyright or other similar right, or puts into circulation, imports, exports, broadcasts or otherwise presents in public a copyrighted work or other work protected by similar right, from which electronic information on rights was removed or altered without authorisation,
shall be punished with a fine and imprisonment up to three years.
(2) The things referred to in paragraph 1 shall be seized and destroyed.
Violation of Patent Rights
(1) Whoever without permission produces, imports, exports, offers for circulation, puts
into circulation, stores or uses for commercial operations a patented product or procedure, shall be punished with a fine or imprisonment up to three years.
(2) If the offence referred to in paragraph 1 results in material gain or damage in an
amount exceeding one million dinars, the offender shall be punished with imprisonment from one to eight years.
(3) Whoever without permission publishes or otherwise presents in public the essence of another’s patent that has been applied for, before such patent is published in the manner set out by law,
shall be punished with a fine or imprisonment up to two years.
(4) Whoever without permission applies for a patent or fails to give or gives incorrect
name of inventor in the application, shall be punished with imprisonment from six months to five years.
(5) The things referred to in paragraphs 1 and 2 shall be seized and destroyed.
Unauthorised Use of another’s Design Article 202
(1) Whoever on his product in circulation uses without authorisation another’s design
which has been applied for or protected, shall be punished with a fine or imprisonment up to three years.
(2) Whoever without authorisation publishes or otherwise presents in public the essence
of another’s design before it has been published in the manner set out by law, shall be punished with a fine or imprisonment up to one year.
(3) The products referred to in paragraph 1 of this Article shall be seized.
CHAPTER TWENTY ONE
OFFENCES AGAINST PROPERTY
Theft
(1) Whoever steals another’s movable item with intent to obtain unlawful material gain
for himself or another by appropriation thereof, shall be punished with fine or imprisonment up to three years.
(2) The attempt of the offence specified in paragraph 1 shall be punished.
Aggravated/Compound Larceny
(1) A person committing the offence of theft (Article 203) shall be punished with imprisonment of one to eight years, if the theft was committed: 1) by forcing or breaking into closed buildings, rooms, safes, cabinets or other closed
spaces or by otherwise overcoming major obstacles;
2) by several persons;
3) in a particularly dangerous or brazen manner;
4) by someone having on his person a weapon or dangerous implement for attack or
defence; 5) during a fire, flood, earthquake or other calamity; 6) by taking advantage of the helplessness or other grave condition of a person;
(2) The penalty specified in paragraph 1 of this Article shall also be imposed to a perpetrator of the offence of theft if the value of stolen items exceeds the amount of four hundred and fifty thousand dinars or if the stolen object represents a cultural or natural asset.
(3) if the value of stolen goods exceeds one million dinars,
the offender shall be punished with imprisonment of two to ten years.
Grand Larceny
Article 205
(1) Whoever caught in the act of theft (Article 203) and with intent to keep the stolen object uses force against a person or threat of direct attack against the life or body,
shall be punished with imprisonment of one to ten years.
several persons or intentional serious bodily harm is inflicted to a person, the offender shall be punished with imprisonment of three to fifteen years,
Robbery
(1) Whoever by use of force against a person or threat of direct attack upon the life or body appropriates another’s movable object with intent by appropriation thereof to acquire unlawful material gain for himself or another,
shall be punished with imprisonment of two to ten years.
(2) If the value of appropriated goods exceeds the amount of one million five hundred
thousand dinars, the offender shall be punished with imprisonment of three to fifteen years.
(3) If the offence specified in paragraphs 1 and 2 of this Article is committed by several
persons or intentional serious bodily harm is inflicted to a person, the offender shall be punished with imprisonment of three to fifteen years.
(4) If the value of appropriated goods specified in paragraph 1 of this Article does not
exceed ten thousand dinars, and the intent of the offender was to acquire a small material gain, the offender shall be punished with imprisonment up to three years.
(5) The attempt of the offence specified in paragraph 4 of this Article shall be punished.
Embezzlement
(1) Whoever with intent to obtain for himself or another unlawful material gain,
appropriates another’s movable object entrusted in his care, shall be punished with fine or imprisonment up to two years.
Fraud
(1) Whoever with intent to acquire unlawful material gain for himself or another by false presentation or concealment of facts deceives another or maintains such deception and thus induces such person to act to the prejudice of his or another’s property,
shall be punished with fine or imprisonment up to three years.
(2) Whoever commits the offence specified in paragraph 1 of this Article only with intent
to cause damage to another, shall be punished with fine or imprisonment up to six months.
(3) If by the offence specified in paragraph 1 and 2 of this Article material gain is
acquired or damages caused exceeding four hundred and fifty thousand dinars, the offender shall be punished with imprisonment of one to eight years.
(4) If by the offence specified in paragraph 1 and 2 of this Article material gain is
acquired or damages caused exceeding million five hundred thousand dinars, the offender shall be punished with imprisonment of two to ten years.
Obtaining and Using Credit and Other Benefits under False Pretences
(1) Whoever by false presentation of facts or concealment thereof obtains for himself or
another a credit, subvention or other benefit although not meeting the relevant requirements, shall be punished with fine or imprisonment up to two years.
(2) Whoever uses the obtained credit, subvention or other benefit for purposes other than
those for which the credit, subvention or other benefit was granted, shall be punished with fine or imprisonment up to one year.
(3) The responsible officer in an enterprise or other business entity shall also be punished for the offence specified in paragraphs 1 and 2 of this Article if the credit, subvention or other benefit are obtained for the enterprise or business entity or if used by these entities for purposes other than those for which they were granted.
Petty Theft, Embezzlement and Fraud
(1) Whoever commits an act of petty theft, embezzlement or fraud,
shall be punished with fine or imprisonment up to six months.
Appropriation of Another’s Object Article 211
(1) Whoever without intent to acquire material gain unlawfully appropriates another’s
movable object, shall be punished with fine or imprisonment up to six months.
(2) If the value of the appropriated object exceeds the amount of one million five hundred
thousand dinars or represents a cultural good, the perpetrator shall be punished with imprisonment of three months to three years.
(3) Prosecution for the offences specified in paragraphs 1 and 2 of this Article, if the appropriated object is in private property, is instituted by private action.
Destruction or Damage of Another’s Object
four hundred and fifty thousand dinars, the offender shall be punished with fine or imprisonment up to two years.
(3) If the offence specified in paragraph 1 of this Article results in damages exceeding one
million five hundred thousand dinars or is committed against a cultural good, the offender shall be punished with imprisonment of six months to five years.
(4) Prosecution for the offences specified in paragraphs 1 through 3 of this Article, if the damaged object is in private property, is instigated by private action.
Unauthorised Use of Another’s Vehicle
breaking into a motor vehicle, or by use of force or threat, the offender shall be punished with imprisonment of three months to five years.
(3) An attempt of the offence specified in paragraph 1 of this Article shall be punished.
Extortion
(1) Whoever with intent to acquire unlawful property gain for himself or another, by force
or threat causes another person to act to the prejudice of his or another’s property, shall be punished with imprisonment of one to eight years.
(2) If by the offence specified in paragraph 1 of this Article material gain exceeding four
hundred and fifty thousand dinars is acquired, the offender shall be punished with imprisonment of two to ten years.
(3) If by the offence specified in paragraph 1 of this Article material gain exceeding one
million five hundred thousand dinars is acquired, the offender shall be punished with imprisonment of two to twelve years.
(4) Whoever engages habitually in offences specified in paragraphs 1 to 3 of this Article,
or if the offence is committed by an organised group, shall be punished with imprisonment of three to fifteen years.
Blackmail
(1) Whoever with intent to acquire material gain for himself or another threatens a third party to reveal something against such party or person close to him that would harm their honour or reputation and thereby forces such person to act to the prejudice of his or another’s property,
shall be punished with imprisonment of three months to five years.
(2) If by the offence specified in paragraph 1 of this Article material gain exceeding four
hundred and fifty thousand dinars is acquired, the offender shall be punished with imprisonment of one to eight years.
(3) If by the offence specified in paragraph 1 of this Article material gain exceeding one
million five hundred thousand dinars is acquired, the offender shall be punished with imprisonment of two to ten years.
(4) Whoever engages habitually in offences specified in paragraphs 1 to 3 of this Article,
or if the offence is committed by an organised group, shall be punished with imprisonment of two to twelve years.
Abuse of Trust
(1) Whoever acting as procurator for another person abuses the granted authorisation with intent to acquire for himself or other person, or to cause damages to the person on whose behalf he is acting as procurator,
shall be punished with fine or imprisonment up to three years.
(2) If by the offence specified in paragraph 1 of this Article material gain exceeding four
hundred and fifty thousand dinars is acquired, the offender shall be punished with imprisonment of one to six years.
(3) If by the offence specified in paragraph 1 of this Article material gain exceeding one
million five hundred thousand dinars is acquired, the offender shall be punished with imprisonment of one to eight years.
(4) If the offence specified in paragraphs 1 through 3 of this Article is committed by a guardian or attorney,
he shall be punished for the offence specified in paragraph 1 by imprisonment of six months to five years, and for the offence specified in paragraph 2 by imprisonment of one to eight years, and for the offence specified in paragraph 3 by imprisonment of two to ten years.
the offender shall be punished with imprisonment of six months to five years and a fine.
(3) If the offences specified in paragraph 1 of this Article resulted in acquiring material
gain exceeding one million five hundred thousand dinars, the offender shall be punished with imprisonment of one to eight years and a fine.
(4) Prosecution of the offence specified in paragraph 1 of this Article is undertaken by private action.
Squatting
intended for a particular purpose, the offender shall be punished with imprisonment of three months to three years.
(3) Prosecution for the offence specified in paragraph 1 of this Article is undertaken by private action.
Unlawful Occupation of Premises
(1) Whoever unlawfully occupies another person’s building, flat, business or other
premises, shall be punished with fine or imprisonment up to one year.
Infringement of Another’s Right
Article 220
Reset
the offender shall be punished with imprisonment of six months to five years.
Prosecution in Case when the Perpetrator is Closely Related to the Injured Party
Prosecution for criminal offences specified in Articles 203, 204, 208, 213, 216 paragraph 1 through 3 and 221 hereof, if committed against a spouse, a person with whom the injured party is in cohabitation, lineal blood relative, sibling, adoptive parent or adopted child, or other persons with whom the offender lives in a common household, is instituted by private action.
CHAPTER TWENTY TWO
OFFENCES AGAINST ECONOMIC INTERESTS
Counterfeiting Money
(1) Whoever produces forged money with intent to put it in circulation as genuine or who
with same intent alters genuine money, shall be punished by imprisonment of two to twelve years.
(2) Whoever procures forged money with intent to circulate it as real or who puts forged
money in circulation, shall be punished by imprisonment of one to ten years.
shall be punished by fine or imprisonment up to one year.
(5) Forged money shall be impounded.
Forging Securities
(1) Whoever produces forged securities or alters genuine securities with intent to use them as genuine, or to give them to another to use, or whoever uses such forged securities as genuine or procures them to such intent,
shall be punished by imprisonment of one to five years.
(2) If the total nominal amount of forged securities specified in paragraph 1 of this Article
exceeds one million five hundred thousand dinars, the offender shall be punished by imprisonment of two to ten years.
(3) Whoever receives forged securities as genuine and upon learning that these are
forgeries puts them in circulation, shall be punished by fine or imprisonment up to one year.
(4) Forged securities shall be impounded.
Forgery and Misuse of Credit Cards
(1) Whoever fabricates a forged credit card or who alters a real credit card with intent to
use as genuine or who uses such credit card as genuine, shall be punished by imprisonment from three months to three years.
(2) If the offender by commission of the offence specified in paragraph 1 of this Article acquired an unlawful material gain through the use of the card, he shall be punished by imprisonment of six months to five years.
(3) If the offender by commission of the offence specified in paragraph 1 of this Article
acquired an unlawful material gain exceeding one million five hundred thousand dinars, he shall be punished by imprisonment of two to ten years.
(4) The penalty specified in paragraphs 1 through 3 of this Article shall be imposed also to whoever commits the offence through unauthorised use of another’s card.
Forging Value Tokens*
(1) Whoever fabricates or alters value tokens with intent to use them as genuine or to give them to another to use, or who uses such forged hallmarks as genuine or obtains them to such end,
shall be punished by imprisonment up to three years.
(2) If the overall value of value tokens specified in paragraph 1 of this Article exceeds one
million five hundred thousand dinars, the offender shall be punished by imprisonment of one to eight years.
(3) Whoever by removing a stamp invalidating a value token or otherwise endeavours to give such value token an appearance as if unused in order to re-use them, or who re-uses the already used value tokens or sells them as valid,
shall be punished by fine or imprisonment up to one year.
(4) Forged value tokens shall be seized.
Making, Acquiring and Giving to Another of Means for Counterfeiting
(1) Whoever makes, acquires, sells or gives to another to use means for producing forged
money or forged securities, shall be punished by imprisonment of six months to five years.
(2) Whoever makes, acquires, sells or gives to another to use means for producing forged
credit cards or forged value tokens, shall be punished by fine or imprisonment up to two years.
(3) The means specified in paragraphs 1 and 2 of this Article shall be impounded.
Issuing of Uncovered Checks and Use of Uncovered Credit Cards
Article 228
(3) If the offence specified in paragraphs 1 and 2 of this Article result in acquiring
material gain exceeding one hundred thousand dinars, the offender shall be punished by imprisonment of one to ten years.
Tax Evasion
(1) Whoever with intent to fully or partially avoid payment of taxes, contributions or other statutory dues, gives false information on legal income, objects and other facts relevant to determination of such obligations, or who with same intent, in case of mandatory reporting (filing of returns) fails to report lawful income, objects and other facts relevant to determination of such obligations or who with same intent conceals information relevant for determination of aforementioned obligations, and the amount of obligation whose payment is avoided exceeds one hundred and fifty thousand dinars,
shall be punished by imprisonment of up to three years and fined.
(2) If the amount of the liability specified in paragraph 1 of this Article whose payment is
avoided exceeds one million five hundred thousand dinars, the offender shall be punished by imprisonment of one to five years and fined.
(3) If the amount of the liability specified in paragraph 1 of this Article whose payment is
avoided exceeds seven million five hundred thousand dinars, the offender shall be punished by imprisonment of one to eight years and fined.
Smuggling
(1) Whoever takes goods across the customs line evading customs control measures or who takes goods across the customs line evading customs control while armed, in a group or using force or threat,
shall be punished by imprisonment of six months to five years and fined.
(2) Whoever engages in sale, distribution or concealment of uncleared goods or organises
a network of dealers or middlemen for distribution of such goods, shall be punished by imprisonment of one to eight years and fined.
Money Laundering
(1) Whoever converts or transfers property while aware that such property originates from a criminal offence, with intent to conceal or misrepresent the unlawful origin of the property, or conceals and misrepresents facts on the property while aware that such property originates from a criminal offence, or obtains, keeps or uses property with foreknowledge, at the moment of receiving, that such property originates from a criminal offence,
shall be punished by imprisonment of six months to five years.
(2) If the amount of money or property specified in paragraphs 1 of this Article exceed
one million five hundred thousand dinars, the offender shall be punished by imprisonment of one to ten years.
Abuse of Monopolistic Position
A responsible officer in an enterprise or other business entity who has the capacity of a legal person or an entrepreneur, who by abuse of monopolistic or dominant market position or by entering into monopolistic agreements cause market disruptions or brings that entity into a more favourable position in relation to others, thus acquiring material gain for that entity or for another entity or causes damage to other business entities, consumers or users of services,
shall be punished by imprisonment up to three years.
Misfeasance in Business
the offender shall be punished by imprisonment of six months to five years.
Causing Bankruptcy
(1) A responsible officer of an enterprise or other business entity having the capacity of a legal entity who by mismanagement of assets or disposal thereof for a pittance, excessive borrowing, undertaking disproportionate obligations, concluding imprudent contracts with individuals incapable of payment, omitting timely collection of claims, destroying or concealing assets or other acts contrary to conducting business with due diligence and thereby causes bankruptcy and damages another,
shall be punished by imprisonment of six months to five years.
(2) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be published by imprisonment of three months to three years.
Causing False Bankruptcy
(1) A responsible officer in a company or another business entity who has the capacity of a legal person or an entrepreneur who, with the intention to evade paying liabilities by that entity, causes bankruptcy of that entity by fictitious or actual decrease of assets, by:
1) concealing, fictitiously selling, selling under market price or relinquishing without compensation all or part of the assets of the business entity;
2) concluding fictitious contracts on debt or recognising non-existent claims;
3) concealing, destroying or altering business books that the business entity is required by law to keep in such a way making it impossible to discern therefrom business results or state of assets or liabilities, or by fabricating false documents or otherwise presents the status whereby bankruptcy may be instituted,
shall be punished by imprisonment of six months to five years.
(2) If the offence specified in paragraph 1 of this Article results in serious consequences
for the creditor, the offender shall be punished by imprisonment of two to ten years.
Damaging Creditors
the offender shall be punished by imprisonment of one to eight years.
Abuse of Authority in Economy
(1) A responsible officer of a company or other economic entity having the capacity of a legal person or entrepreneur who, with the intention to acquire unlawful material gain for the legal person in which he is employed, for another legal person or another economic entity having the capacity of a legal person:
1) establishes or keeps illicit financial, commodity or other value funds at home or abroad, or unlawfully prevents exercising of ownership rights of shareholders;
2) fabricates documents with false contents, false balance, estimates or through interventions or concealing of facts, falsely represents the status or movement of assets and business results, thereby misleading management authorities of the company or another legal person when taking decisions relative to management, or places the company or other legal person in a more favourable position when obtaining funds or other benefits that otherwise they would not be entitled pursuant to regulations in force;
3) uses available assets contrary to their purpose;
4) otherwise grossly violates authorisation in respect of management, disposal and use of assets,
5) contrary to the will of shareholders fails to sign the prospectus for trading in the stock exchange, and by giving false information misleads buyers of shares in respect of the capital of the legal entity,
shall be punished by imprisonment of three months to five years.
(2) If by the offence specified in paragraph 1 of this Article material gain is acquired
exceeding five million dinars, the offender shall be punished by imprisonment of one to eight years.
Damaging Business Reputation and Credit Rating
(1) Whoever with intent to impair another’s business reputation or credit standing spreads
untruths or falsely present his business activity, shall be punished by fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article results in serious consequences, the offender shall be punished by imprisonment of three months to three years.
(3) Prosecution for offences specified in paragraphs 1 and 2 of this Article is instigated by private action.
Disclosing a Business Secret
(1) Whoever without authorisation communicates to another, hands over or in any other way makes available information representing a business secret or who obtains such information with the intention to hand them over to an unauthorised person,
shall be punished by imprisonment of three months to five years.
(2) If the offence specified in paragraph 1 of this Article is committed for gain or in
respect of particularly confidential information, the offender shall be published by imprisonment of two to ten years.
(3) Whoever commits the offence specified in paragraph 1 of this Article from
negligence, shall be punished by imprisonment of up to three years.
(4) A business secret represents information and documents declared by law, other regulation or decision of competent authority issued pursuant to law as business secret whose disclosure would cause or could cause harmful consequences for the enterprise or other business entity.
Whoever prevents a controlling authority to effect inspection of business books or other documents or prevents inspection of objects, premises or other facilities, shall be punished by fine or imprisonment up to one year.
Illegal Production
(1) Whoever without authorisation produces or processes goods whose production or
processing requires permission of a competent authority, shall be punished by fine or imprisonment up to two years.
Illegal Trade
(1) Whoever without a trading permit procures goods or other items in higher value with the objective of sale, or who without authorisation and to higher extent engages in trade or mediation in trade, or engages in representation of organisations in domestic or foreign trade of goods and services,
shall be punished by fine or imprisonment up to two years.
(2) Whoever engages in sale of goods whose production he illegally organised, shall be punished by imprisonment of three months to three years.
he shall be punished by imprisonment of six months to five years.
(5) The goods and objects of unlawful trade shall be seized.
Whoever with intent to deceive buyers puts into circulation products with designation that does not correspond to the content, type, origin or quality of the product or puts into circulation products that by their quantity and quality do not correspond to what is normally implied by that type of products or puts into circulation products without designation of content, type, origin or quality of the product when such designation is statutory or uses evidently misleading advertisement in circulation of the products,
shall be punished by imprisonment up to three years and fined.
Forging Symbols for marking of Goods, Measures and Weights
(1) Whoever with intent to use as genuine makes false stamps, seals, brands or other symbols for marking domestic or foreign products that are used for designating gold or other precious metals, wood, cattle or other goods or who with same intent alters such genuine symbols or who uses such altered or fake symbols as genuine,
shall be punished by fine or imprisonment up to three years
(2) Fake symbols, measures and weights shall be seized.
CHAPTER TWENTY THREE
OFFENCES AGAINST HUMAN HEALTH
Unlawful Production, Keeping and Circulation of Narcotics
the offender shall be punished by imprisonment of five to fifteen years.
(3) Whoever unlawfully keeps substances or preparations that are declared narcotics, shall be punished by fine or imprisonment up to three years.
(6) Whoever unlawfully manufactures, obtains, possesses or gives for use equipment,
material and substances that are known to be intended for production of narcotics, shall be punished by imprisonment of six months to five years.
(7) Narcotics and means for production thereof and processing shall be seized.
Facilitating the Taking of Narcotics
(1) Whoever induces another person to take narcotics or gives him narcotics for his or another’s use or places at disposal premises for taking of narcotics or otherwise enables another to take narcotics,
shall be punished by imprisonment of six months to five years.
(2) If the offence specified in paragraph 1 of this Article is committed against a minor or
several persons or has resulted in particularly grave consequences, the offender shall be punished by imprisonment of two to ten years.
(3) Narcotics shall be seized.
Failure to Act Pursuant to Health Regulations During Epidemic
Whoever during an epidemic of a dangerous contagious disease fails to act pursuant to regulations, decisions or orders setting forth measures for suppression or prevention thereof,
shall be punished by fine or imprisonment up to one year.
Transmitting Contagious Disease
Whoever fails to act pursuant to regulations, decisions or orders for suppression or prevention of contagious decease and thereby a contagious disease is transmitted,
shall be punished by imprisonment up to three years.
Transmitting HIV Infection
(1) Whoever wittingly endangers another with infection by HIV virus,
shall be punished by imprisonment up to two years.
(2) Whoever wittingly fails to observe regulations and measures relating to prevention of spreading of HIV infection to another person and thereby from negligence effectuates transmission of HIV infection to another person,
shall be punished by imprisonment of one to five years.
(3) Whoever knowing that he/she is infected with HIV wittingly transmits the infection to
another person, shall be punished by imprisonment of two to twelve years.
(4) If the offence specified in paragraph3 of this Article results in death of the infected
person, the offender shall be punished by imprisonment of three to fifteen years.
(5) If the offence specified in paragraph 3 of this Article is committed from negligence,
the offender shall be punished for the offence specified in paragraph 3 of this Article by imprisonment up to three years, and for the offence specified in paragraph 4 of this Article by imprisonment of six months to five years.
Medical Malpractice
(3) If the offence specified in paragraphs 1 and 2 of this Article are committed from
negligence, the offender shall be punished by fine or imprisonment up to one year.
Illegal Conducting of Medical Experiments and Testing of drugs
Failure to Provide Medical Assistance
(1) A doctor who contrary to his duty refuses to render medical assistance to a person in need of such assistance, and whose life is in immediate and present danger or is in danger of onset of grave bodily harm or serious deterioration of health,
shall be punished by fine or imprisonment up to two years.
(2) If due to the offence specified in paragraph 1 of this Article, the person to whom
medical assistance was not provided sustains grave bodily harm or serious deterioration of health, the offender shall be punished by imprisonment of three months to four years.
(3) If the offence specified in paragraph 1 of this Article results in death of the person to
whom medical assistance was not provided, the offender shall be punished by imprisonment of one to eight years.
Quackery
Malpractice in Preparing and Issuing Medicaments
(1) A person competent to issue medicaments for use in medical treatment who issues another medicament instead of the prescribed or requested medicament, if replacement is not allowed, or who fails to prepare the medicament in prescribed proportion or quantity or who obviously proceeds unconscientiously in issuing medicaments and thereby causes deterioration of a person’s health,
shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to one year.
Production and Putting in Circulation of Harmful Products
(1) Whoever produces for sale, sells or puts in circulation harmful foodstuff, edibles or
drink or other harmful products, shall be punished by imprisonment up to three years.
(2) Whoever releases into circulation products specified in paragraph 1 of this Article without inspection by an authorised official, when such inspection is provided by regulations, or puts them in circulation after expiry of shelf-life,
shall be punished by imprisonment up to three years.
Unconscientious Inspection of Foodstuffs
(1) An authorised person who uncoscientously inspects livestock for slaughter, meat intended for food and other foodstuff or contrary to regulations fails to perform inspection and thereby enables release for circulation of meat and other foodstuff harmful to human health,
shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to one year.
Pollution of Drinking Water and Foodstuffs
Grave Offences against Health
the offender shall be punished by imprisonment up to three years.
(4) If the offences specified in Articles 251 paragraph 3, 255 paragraph 2, 256 paragraph
3, 257 paragraph 2 and 258 paragraph 2 hereof result in death of a person, the offender shall be punished by imprisonment of one to eight years.
CHAPTER TWENTY FOUR
CRIMINAL OFFENCES AGINST THE ENVIRONMENT
Environmental Pollution
(1) Whoever by violating the regulations on protection, preservation and improvement of
the environment pollutes air, water or soil to larger extent or over a wider area, shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to one year.
Failure to undertake Environmental Protection Measures
(1) An official or responsible person who fails to undertake the stipulated environmental protection measures, or fails to proceed according to orders of competent authority in respect of environmental protection,
shall be punished by fine or imprisonment up to one year.
pollution, the offender shall be punished for the offence specified under Article 260 hereof.
(4) If the court pronounces a suspended sentence for offences specified in paragraphs 1 and 2 of this Article, it may order the offender to undertake within a set period of time particular stipulated measures for environmental protection, preservation and improvement.
Illegal Construction and Operation of Facilities and Installations Polluting the Environment
Damaging Environmental Protection Facilities and Installations
Article 263
(1) Whoever damages, destroys, removes or otherwise makes inoperable facilities or
installations for environmental protection, shall be punished by imprisonment up to three years.
extent or over a wider area, the offender shall be punished by imprisonment of six months to five years.
(4) If the offence specified in paragraph 2 resulted in air, water or soil pollution to larger
extent or over a wider area, the offender shall be punished by imprisonment up to three years.
Damaging the Environment
(1) Whoever by violating regulations, through use of natural resources, construction of buildings, executing works or otherwise causes damage to the environment to large extent or over a wider area,
shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 is committed from negligence,
the offender shall be punished by fine or imprisonment up to one year.
(3) If the court pronounces a suspended sentence for offences specified in paragraphs 1 and 2 of this Article, it may order the offender to undertake within a set period of time particular measures to correct the detrimental consequences to the environment.
Destroying, Damaging and taking abroad a Protected Natural Asset
protected plant or animal, shall be punished by imprisonment of three months to three years.
(4) The attempt of the offence specified in paragraph 3 of this Article shall be punished.
Bringing Dangerous Substances into Serbia and Unlawful Processing, Depositing and
Stockpiling of Dangerous Substances
the offender shall be punished by imprisonment of one to eight years.
(4) The attempt of the offence specified in paragraph 1 of this Article shall be punished.
(5) If the court pronounces a suspended sentence for offences specified in paragraphs 1 through 4 of this Article, it may order the offender to undertake within a set period of time particular stipulated measures of protection from ionising radiation or other stipulated protection measures.
Illegal Construction of Nuclear Plants
Whoever contrary to regulations permits or commences to construct nuclear power plant, a nuclear fuel production plant or processing plant for used nuclear fuel,
shall be punished by imprisonment of six months to five years.
Violation of the Right to be Informed on the State of the Environment
Whoever contrary to regulations withholds information or gives false information on the state of the environment and events that is required for evaluation of environmental hazard and undertaking measures for protection of human life and health,
shall be punished by fine or imprisonment up to one year.
Article 269
(1) Whoever in violation of regulations kills, injures or tortures and animal,
shall be punished by fine or imprisonment up to six months.
(2) If the offence specified in paragraph 1 of this Article resulted in killing, torture or injuring a number of animals, or if the offence is committed against an animal belonging to a specially protected species,
the offender shall be punished by fine or imprisonment up to three years.
Transmitting of Contagious Animal and Plant Diseases
(3) If the offence specified in paragraphs 1 and 2 of this Article resulted in death of
animals, destruction of plants or other considerable damage, the offender shall be punished by imprisonment up to three years.
(4) if the offence specified in paragraphs 1 through 3 of this Article is committed from
negligence, the offender shall be punished by fine or imprisonment up to one year.
Malpractice in Veterinary Services
(1) A veterinarian or authorised veterinary staff who in rendering veterinary assistance prescribes or applies an obviously inadequate means or obviously inadequate method of treatment or otherwise acts uncoscientiously in treating animals thereby causing death of animals or other considerable damage,
shall be punished by imprisonment up to two years.
(2) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to six months.
Producing Harmful Products for Treating Animals
Article 272
(1) Whoever produces for sale or puts into circulation by way of trade products for treatment or prevention of disease of animals that are dangerous to life or health of animals,
shall be punished by fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article results in death of animals or
other considerable damage, the offender shall be punished by fine or imprisonment up to two years.
(3) If the offence specified in paragraphs 1 and 2 of this Article is committed from
negligence, the offender shall be punished by fine or imprisonment up to six months.
Pollution of Livestock Fodder and Water
(1) Whoever contaminates livestock fodder or water by a harmful substance and thereby
endangers animal life or health, shall be punished by fine or imprisonment up to one year.
(2) The penalty specified in paragraph 1 of this Article shall be imposed also on whoever by harmful substance contaminates water in fish-pond, lake, river or canal, or by stocking with fish from contaminated waters causes danger to survival of fish or other aquatic animals.
(3) If the offence specified in paragraphs 1 and 2 of this Article results in loss of life of
animals or other considerable damage, the offender shall be punished by fine or imprisonment up to two years.
(4) If the offence specified in paragraphs 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to six months.
Devastation of Forests
(1) Whoever contrary to regulations and orders of competent authorities cuts or clears forest, or who damages trunks or otherwise devastates forests or cuts down one or more trees in a park, avenue of trees or elsewhere where cutting down of trees is prohibited,
shall be punished by fine or imprisonment up to one year.
(2) Whoever commits the offence specified in paragraph 1 of this Article in a protected
forest, national park or other forest intended for special purpose, shall be punished by imprisonment of three months to three years.
Forrest Theft
(1) Whoever, by reason of theft, fells one or more trees in a forest, park or avenue of trees
and the quantity of timber exceeds one cubic metre, shall be punished by fine or imprisonment up to one year.
Poaching game
alive, shall be punished by fine or imprisonment up to one year.
(3) If the offence specified in paragraph 2 of this Article is committed against big game, the offender shall be punished by fine or imprisonment up to two years.
(4) Whoever hunts game whose hunting is prohibited or whoever hunts particular game without a special permit when such permit is required, or whoever hunts in a manner or with means which destroy game in large numbers,
shall be punished by imprisonment up to three years.
(5) The bagged game and hunting implements will seized.
Poaching fish
(1) Whoever catches fish or other aquatic animals during closed season or in waters where
fishing is forbidden, shall be punished by fine or imprisonment up to six months.
(4) The catch and the fishing implements shall be seized.
CHAPTER TWENTY FIVE CRIMINAL OFFENCES AGAINST GENERAL SAFETY OF PEOPLE AND PROPERTY
(3) If the venue of offences specified in paragraphs 1 and 2 of this Article is where a
number of people are gathered, the offender shall be punished by imprisonment of one to six years.
(4) If the offence specified in paragraphs 1 and 3 of this Article is committed from
negligence, the offender shall be punished by imprisonment up to three years.
Destroying and Damaging Public Infrastructure
(1) Whoever destroys, damages, alters or makes useless or removes public infrastructure equipment for water, heating, gas, electrical or other power supply or communications system equipment and thereby causes disruption in life of citizens or in functioning of the economy,
shall be punished by imprisonment of three months to five years.
(2) Whoever commits the offence specified in paragraph 1 of this Article from
negligence, shall be punished by fine or imprisonment up to one year.
Endangering of Safety at Workplace by Failing to Ensure Safety Measures
(3) Whoever commits the offence specified in paragraphs 1 and 2 of this Article from
negligence, shall be punished by fine or imprisonment up to three years.
(4) If the court pronounces a suspended sentence for an offence specified in paragraph 2 of this Article, the court may order the offender to, within a set period of time, ensure installing, maintenance and use of safety equipment.
Construction Work which does not Comply with Regulations and Standards
(1) A person responsible for designing, managing or executing construction or construction works, who does not observe regulations and generally-accepted technical standards thereby causing danger to life and body or property of a larger value,
shall be punished by imprisonment of three months to five years.
(2) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to three years.
Damage to Dams and Water Economy Facilities
(1) Whoever damages, destroys or otherwise renders unusable a dam, embankment or
other water economy facility or equipment for protection against natural disasters, shall be punished by fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed against a facility or
equipment of greater importance, the offender shall be punished by imprisonment of six months to five years.
(3) If the offence specified in paragraph 2 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to three years.
Destroying, Damaging or Removing Danger Warning Signs
Whoever destroys, damages or removes a sign warning of any kind of danger, shall be punished by fine or imprisonment up to one year.
Abuse of Telecommunication Signals
(1) Whoever abuses or unnecessarily transmits an international signal for help or a signal warning of danger or who by telecommunication signal deceives that no danger exists or who abuses an international communication signal,
shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article resulted in danger to life of
persons or property of larger scale, the offender shall be punished by imprisonment of six months to five years.
Failure to Eliminate Danger
(1) Whoever fails to report to a competent authority or other competent body the existence of fire, flood, explosion, traffic accident or other danger to life and body or property of larger scale. or fails to undertake measures to eliminate such danger although in position to do so without risk to himself or another,
shall be punished by fine or imprisonment up to one year.
(2) Whoever prevents another in undertaking measures to eliminate a fire, flood,
explosion, traffic accident or other danger to life or body or property of larger scale, shall be punished by imprisonment up to three years.
Unauthorised Handling of Explosive and Flammable Material
(5) If the offence specified in paragraphs 3 and 4 of this Article is committed from
negligence, the offender shall be punished by fine or imprisonment up to one year.
Unlawful Acquiring and Endangerment of Safety with Nuclear Material
(1) Whoever by force or threat, commission of criminal offence or otherwise unlawfully acquires, possesses, uses, transports or gives to another nuclear materials or enables another to obtain them,
shall be punished by imprisonment up to three years.
(2) Whoever threatens to use nuclear material with intent to force someone to do or
refrain from doing something and thereby endangers the safety of people, shall be punished by imprisonment of one to ten years.
(3) If the offence specified in paragraphs 1 and 2 of this Article resulted in grievous
bodily harm or property damage of large extent, the offender shall be punished by imprisonment of two to twelve years.
(4) If the offence specified in paragraphs 1 and 2 of this Article resulted in death of one or
more persons, the offender shall be punished by imprisonment of three to fifteen years.
Grave Offences against General Safety
the offender shall be punished by imprisonment of up to four years.
(4) If the offence specified in Articles 278 paragraph 4, 279 paragraph 2, 280 paragraph 3
and 281 paragraph 2 hereof, resulted in death of one or more persons, the offender shall be punished by imprisonment of one to eight years.
CHAPTER TWENTY SIX
CRIMINAL OFFENCES AGAINST ROAD TRAFFIC SAFETY
Endangering Road Traffic
shall be punished by imprisonment of six months to five years.
(3) If the offence specified in paragraphs 1 and 2 of this Article is committed from
negligence, the offender shall be punished by fine or imprisonment up to one year.
Endangering Traffic by Dangerous Acts or Means Article 290
(1) Whoever by destroying, removing or severe damage of traffic equipment, means or signalling devices or protective railing used for safety of road traffic, or by giving wrong signs or signals, setting barricades on roadways or otherwise in similar manner endangers public traffic and thereby endangers life and body or property of larger extent,
shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to one year.
Endangering Air Traffic Safety
the offender shall be punished by imprisonment of three months to three years.
Endangering Air Traffic Safety by Violence
(1) Whoever by violence against a person in an aircraft, placing or bringing aboard explosive or other dangerous devices or substances or by destroying or damaging navigation equipment or causing other damage to an aircraft endangers air traffic safety,
shall be punished by imprisonment of two to ten years.
(2) If the offence specified in paragraph 1 of this Article resulted in grievous bodily harm
or caused extensive damage, the offender shall be punished by imprisonment of two to twelve years.
(3) If the offence specified in paragraph 1 of this Article resulted in death of one or more
persons, the offender shall be punished by imprisonment of five to fifteen years.
(1) Whoever by force or threat of force takes over control of an aircraft in flight or over a ship at sea or other means of public transport while in motion,
shall be punished by imprisonment of two to ten years.
(2) If the offence specified in paragraph 1 of this Article resulted in grievous bodily harm
or caused extensive damage, the offender shall be punished by imprisonment of two to twelve years.
(3) If the offence specified in paragraph 1 of this Article resulted in death of one or more
persons, the offender shall be punished by imprisonment of five to fifteen years.
Piracy
(1) A crew member or passenger of a ship at open seas or location not under authority of any state commits violence or robbery against persons on another ship, retains, hijacks, damages or destroys the other ship or goods therein or causes damage of great extent,
shall be punished by imprisonment of two to twelve years.
(2) If the offence specified in paragraph 1 of this Article resulted in death of one or more
persons, the offender shall be punished by imprisonment of five to fifteen years.
Dereliction of Duty in Supervising Public Traffic
(3) if the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by imprisonment up to three years.
Failure to Render Aid to Person Injured in Traffic Accident
(1) A driver of a motor vehicle or other means of transport who abandons a person injured
by such vehicle or whose injury was caused by such vehicle, shall be punished by fine or imprisonment up to one year.
Grave Offences Against Traffic Safety
(1) If the offences specified in Articles 289 paragraphs 1 and 2, 290 paragraphs 1 and 2, 291 paragraph 1 and 295 paragraphs 1 and 2 hereof result in grievous bodily harm of a person or property damage to large extent,
the offender shall be punished by imprisonment of one to eight years.
(2) If the offences specified in Articles 289 paragraphs 1 and 2, 290 paragraphs 1 and 2,
291 paragraph 1 and 295 paragraphs 1 and 2 hereof result in death of one or more persons, the offender shall be punished by imprisonment of two to twelve years.
(3) If the offence specified in Articles 289 paragraph 3, 290 paragraph 3, 291 paragraph 2 and 295 paragraph 3 results in grievous bodily harm of a person or property damage to large extent,
the offender shall be punished by imprisonment up to four years.
(4) If the offences specified in Articles 289 paragraph 3, 290 paragraph 3, 291 paragraph
2 and 295 paragraph 3 result in death of one or more persons, the offender shall be punished by imprisonment of one to eight years.
(5) Pronouncing of the security measure of ban on driving a motor vehicle is mandatory in cases specified in paragraphs 1 through 4 of this Article.
CHAPTER TWENTY SEVEN
CRIMINAL OFFENCE AGAINST SECURITY OF COMPUTER DATA
Damaging Computer Data and Programs
(1) Whoever without authorisation deletes, alters, damages, conceals or otherwise makes
unusable a computer datum or program, shall be punished by fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article results in damages exceeding
four hundred and fifty thousand dinars, the offender shall be punished by imprisonment of three months to three years.
(3) If the offence specified in paragraph 1 of this Article results in damages exceeding one
million five hundred thousand dinars, the offender shall be punished by imprisonment of three months to five years.
(4) Equipment and devices used in perpetration of the offence specified in paragraphs 1 and 2 of this Article shall be seized.
Computer Sabotage
Article 299
Whoever enters, destroys, deletes, alters, damages, conceals or otherwise makes unusable computer datum or program or damages or destroys a computer or other equipment for electronic processing and transfer of data, with intent to prevent or considerably disrupt the procedure of electronic processing and transfer of data that are of importance for government authorities, enterprises or other entities,
shall be punished by imprisonment of six months to five years.
Creating and Introducing of Computer Viruses
(1) Whoever makes a computer virus with intent to introduce it into another’s computer or
computer network, shall be punished by fine or imprisonment up to six months.
(2) Whoever introduces a computer virus into another’s computer or computer network
thereby causing damage, shall be punished by fine or imprisonment up to two years.
(3) Equipment and devices used for committing of the offence specified in paragraphs 1 and 2 of this Article shall be seized.
Computer Fraud
(1) Whoever enters incorrect data, fails to enter correct data or otherwise conceals or falsely represents data and thereby affects the results of electronic processing and transfer of data with intent to acquire for himself or another unlawful material gain and thus causes material damage to another person,
shall be punished by fine or imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article results in acquiring material gain
exceeding four hundred and fifty hundred thousand dinars, the offender shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraph 1 of this Article results in acquiring material gain
exceeding one million five hundred thousand dinars, the offender shall be punished by imprisonment of two to ten years.
(4) Whoever commits the offence specified in paragraph 1 of this Article from malicious
mischief, shall be punished by fine or imprisonment up to six months.
Unauthorised Access to Computer, Computer Network or
Electronic Data Processing
(1) Whoever, by circumventing protection measures, accesses a computer or computer
network without authorisation, or accesses electronic data processing without authorisation, shall be punished by fine or imprisonment up to six months.
(2) Whoever uses data obtained in manner provided under paragraph 1 of this Article, shall be punished by fine or imprisonment up to two years.
(3) If the offence specified in paragraph 1 of this Article results in hold-up or serious malfunction in electronic processing and transfer of data or of the network, or other grave consequences have resulted,
the offender shall be punished by imprisonment up to three years.
Preventing or Restricting Access to Public Computer Network
discharge of duty, such official shall be punished by imprisonment up to three years.
Unauthorised Use of Computer of Computer Network
(1) Whoever uses computer services or computer network with intent to acquire unlawful
material gain for himself or another, shall be punished by fine or imprisonment up to three months.
(2) Prosecution for the offence specified in paragraph 1 of this Article shall be instigated by private action.
CHAPTER TWENTY EIGHT
CRIMINAL OFFENCES AGAINST THE CONSTITUTIONAL ORDER AND SECURITY
OF THE REPUBLIC OF SERBIA AND SaM
Compromising Independence
Whoever attempts to unconstitutionally bring Serbia or SaM into a position of subjugation or dependence in respect of another state,
shall be punished by imprisonment of three to fifteen years.
A citizen of Serbia who signs or recognises capitulation or accepts or recognises occupation of Serbia, SaM or part thereof,
shall be punished by imprisonment of minimum ten years.
Compromising Territorial Integrity
(1) Whoever by force or other unconstitutional manner attempts to cede a part of the
territory of Serbia or SaM or to annex a part of such territory to another state, shall be punished by imprisonment of three to fifteen years.
(2) Whoever by force or other unconstitutional manner attempts to alter the interstate
borders between SaM member states, shall be punished by imprisonment of two to twelve years.
Attack Against the Constitutional Order
Whoever by force or threat of force attempts to change the constitutional order of Serbia or SaM or overthrow the highest state authorities,
shall be punished by imprisonment of three to fifteen years.
Sedition
(1) Whoever with intent to compromise the constitutional order or security of Serbia or SaM calls for or incites to change their constitutional order by use of force, overthrow the highest state authorities or representatives thereof,
shall be punished by imprisonment of three months to five years.
(2) Whoever commits the offence specified in paragraph 1 of this Article with foreign
assistance, shall be punished by imprisonment of one to eight years.
(3) Whoever with intent to disseminate, produces or copies material that is by content such that it calls for or instigates committing of offences specified in paragraph 1 of this Article, or whoever sends or transfers to territory of SaM such material or keeps a larger quantity of such material with intent to distribute by himself or another,
shall be punished by imprisonment of three months to three years.
Assassination of the Highest Officials of the State Union and Member States
Whoever with intent to compromise the constitutional order or security of Serbia or SaM assassinates the president of SaM, president of a member state, speaker of the SaM Parliament, speaker of the Assembly of a member state, prime minister of a member state, president of the Court of SaM, president of the Constitutional Court of a member state or the highest state prosecutor of a member state,
shall be punished by imprisonment of minimum ten years or imprisonment thirty to forty years.
Insurrection
(1) Whoever participates in insurrection directed against constitutional order, security or
territorial integrity of Serbia or SaM, shall be punished by imprisonment of three to fifteen years.
(2) The organiser or ringleader of the insurrection,
shall be punished by imprisonment of five to fifteen years.
Terrorism
Whoever with intent to compromise the constitutional order or security of Serbia or SaM causes an explosion or fire or commits another generally dangerous act or commits an abduction of a person or some other act of violence, or by threat of committing such generally dangerous act or use of nuclear, chemical, bacteriological or other dangerous substance and thereby causes fear or insecurity among citizens,
shall be punished by imprisonment of three to fifteen years.
Malicious Destruction
Whoever with intent to undermine the constitutional order or security of Serbia or SaM by demolishing, setting fire or otherwise destroying or damaging industrial, agricultural or other economic facility, transportation means, equipment or plant, communications equipment, public utility equipment for water, heating, gas or power supply, a dam, warehouse, building or other structure of importance for security or supply of citizens or to the economy or functioning of public services,
shall be punished by imprisonment of three to fifteen years.
Sabotage
Article 314
Whoever with intent to undermine the constitutional order or security of Serbia or SaM covertly, insidiously or in other similar manner while discharging official duties or work duty causes damage exceeding one million five hundred thousand dinars to a government authority or organisation where he is employed, or to another government body or other organisation,
shall be punished by imprisonment of three to fifteen years.
Espionage
(1) Whoever discloses, hands over or makes available military secrets, economic or official information or documents to a foreign state, foreign organisation or person in their service,
shall be punished by imprisonment of three to fifteen years.
otherwise supports its work, shall be punished by imprisonment of one to ten years.
(4) Whoever obtains secret information or documents with intent to disclose or hand them
over to a foreign state, foreign organisation or person in their service, shall be punished by imprisonment of one to eight years.
(5) If the offences specified in paragraphs 1 and 2 of this Article resulted in serious
consequences for the security, economic or military power of the country, the offender shall be punished by imprisonment of minimum ten years.
(6) Such military, economic or official information or document are deemed secret that are by law, other regulations or decision of competent authority passed pursuant to law declared secret, as well as information and documents accessible only to a particular circle of persons and whose disclosure would or could cause harm the security, defence or political, military or economic interests of the country.
Disclosing a State Secret
(1) Whoever without authorisation discloses, hands over or makes available to another, information or documents that are entrusted to him or that he acquired otherwise and that represent a state secret,
shall be punished by imprisonment of one to ten years.
(2) Whoever discloses to another person information or documents that he knows are a
state secret, and which he unlawfully acquired, shall be punished by imprisonment up to five years.
(3) If the offence specified in paragraph 1 of this Article is committed during a direct threat of war, state of war or state of emergency, or has resulted in compromising security, economic or military power of Serbia or SaM,
the offender shall be punished by imprisonment of three to fifteen years.
(4) If the offence specified in paragraph 1 is committed from negligence, the offender shall be punished by imprisonment of six months to five years.
Instigating National, Racial and Religious Hatred and Intolerance
(1) Whoever instigates or exacerbates national, racial or religious hatred or intolerance
among the peoples and ethnic communities living in Serbia, shall be punished by imprisonment of six months to five years.
shall be punished for the offence specified in paragraph 1 of this Article by imprisonment of one to eight years, and for the offence specified in paragraph 2 of this Article by imprisonment of two to ten years.
Violation of Territorial Sovereignty
Whoever by violating international law invades the territory of Serbia or the territory of SaM,
shall be punished by imprisonment of one to eight years.
Conspiracy for Unconstitutional Activity
(1) Whoever forms a group or other association of persons to commit criminal offences specified in Article 305 through 310 and Articles 312 through 314 hereof,
shall be punished by the penalty set forth for the offence for whose commitment the association was organised.
(2) Whoever becomes member of an association specified in paragraph 1 of this Article, shall be punished by imprisonment of six months to five years.
shall be punished by imprisonment up to one year, and may be remitted from punishment.
Plotting of Offences against the Constitutional Order and Security of Serbia and SaM
(1) Whoever plots to commit criminal offences specified in Articles 305 through 314 and Article 314 paragraphs 1 and 2 hereof,
shall be punished by imprisonment of one to five years.
.
Grave Offences against the Constitutional Order and Security of Serbia and SaM
Preventing an Official in Discharge of Duty
(1) Whoever by force or threat of force prevents an official in discharge of duty
undertaken within his competencies or forces such person to undertake an official action, shall be punished by imprisonment up to three years.
Attack on an Official in Performance of Duty
injury is inflicted to an official or if the offence is aggravated by threat of use of weapon, the offender shall be punished by imprisonment of three months to three years.
Participating in a Group Preventing an Official in Performance of Duty
(1) Whoever as part of a group preventing by joint action an official in performing an
official act or likewise forces an official to undertake an official act, shall be punished for participation by imprisonment up to two years.
Article, shall be punished by imprisonment of six months to five years.
Urging to Resist
(1) Whoever urges others to resistance or disobedience to lawful decisions and measures
of government authorities or against an official in discharge of duty, shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article resulted in failure or considerable
hindering in enforcement of a lawful decision or measure of government authorities, the offender shall be punished by imprisonment of six months to five years.
Failure to Take Part in Eliminating a General Hazard
Whoever contrary to orders of a competent authority or other competent body refuses without justification to participate in eliminating a general hazard resulting from fire, flood, earthquake or other calamity,
shall be punished by fine or imprisonment up to three months.
Removal and Damaging of Official Seal and Sign
(1) Whoever removes or damages an official seal or sign placed by an official to secure an object or premises or whoever, without removing or damaging the seal or sign, enters such premises or opens an object with an official seal or sign,
shall be punished by fine or imprisonment up to one year
(2) The attempt shall be punished.
Seizure and Destruction of Official Seal and Document
(1) Whoever unlawfully seizes, conceals, destroys, damages or otherwise makes useless an official seal, book, file or document belonging to a government authority, enterprise, institution or other entity exercising administrative authority or in their keeping,
shall be punished by imprisonment up to three years.
(2) The attempt shall be punished.
Impersonation
Vigilantism
(1) Whoever arbitrarily assumes a right for himself or a right he considers that he is entitled to,
shall be punished by fine or imprisonment up to six months to five years. .
(2) Whoever commits the offence specified in paragraph 1 of this Article for another, shall be punished by the penalty stipulated for such offence.
(3) If the offence specified in paragraphs 1 and 2 is committed to detriment of citizens, prosecution is instigated by private action.
CHAPTER THIRTY
CRIMINAL OFFENCES AGAINST THE JUDICIARY
Failure to Report Preparation of a Criminal Offence
Failure to Report a Criminal Offence or Offender
(3) An official or responsible person who knowingly fails to report a criminal offence of his subordinate who committed the offence in discharge of his official, military or work duty, if such an offence is punishable by imprisonment of thirty to forty years,
shall be punished by imprisonment of six months to five years.
(4) A spouse, common-law spouse, lineal blood relative, sibling, adoptive parent or adoptee of the offender as well as a spouse of any of the former or person cohabiting with any of the former, as well as the offender’s defence attorney, doctor or confessor shall not be punished for the offence specified in paragraphs 1 and 2 of this Article.
Accessory After the Fact
(1) Whoever hides an offender or by concealing the means of commission of the offence, or traces or otherwise aids the offender in order not to be detected, or who harbours a convicted person or undertakes other acts directed at preventing enforcement of penalty, security measure or rehabilitation measure of remand to a rehabilitation or correctional facility,
shall be punished by fine or imprisonment up to two years.
(2) Whoever aids a perpetrator of a criminal offence punishable under law by
imprisonment of more than five years, shall be punished by imprisonment of three months to five years.
(3) Whoever aids a perpetrator of a criminal offence punishable under law by
imprisonment of thirty to forty years, shall be punished by imprisonment of one to eight years.
False Reporting Article 334
(1) Whoever reports a person of committing an offence prosecuted ex officio, while aware
that such person is not the offender, shall be punished by imprisonment of three months to three years.
(2) The penalty specified in paragraph 1 of this Article shall also be imposed on whoever plants traces of the criminal offence or otherwise causes instigation of criminal proceedings for an offence prosecuted ex officio against a person whom he knows is not the perpetrator of that offence.
(3) Whoever reports himself as perpetrator of an offence prosecuted ex officio although
aware that he is not the offender, shall be punished by fine or imprisonment up to one year.
(4) The penalty specified in paragraph 3 of this Article shall also be imposed on whoever reports commission of an offence prosecuted ex officio although aware that such an offence has not been committed.
Perjury
the accused, the offender shall be punished by imprisonment of one to eight years.
(5) The offender who voluntarily revokes false testimony prior to final disposition may be remitted from punishment.
Subornation of Perjury
(4) If the offence specified in paragraph 2 is committed in criminal proceedings, the offender shall be punished by imprisonment up to three years.
Violation of Confidentiality of Proceeding
protected person or the criminal proceedings are prevented or hindered to considerable extent, shall be punished by imprisonment from six months to five years.
Prison Riot
(1) Persons lawfully deprived of freedom who gather with intent to set themselves free by use of force, or to jointly attack persons guarding them, or by use of force or immediate threat thereof force such persons to do or refrain from doing something in contravention of their duty,
shall be punished by imprisonment up to three years.
(2) The offender specified in paragraph 1 of this Article who uses force or threat, shall be punished by imprisonment of six months to five years.
persons in conspiracy or an escape of a number of persons is facilitated, the perpetrator shall be punished by imprisonment of one to eight years.
Failure to Enforce a Decision
(1) An official or responsible person who declines to enforce a final court decision or fails
to enforce it within the deadline specified by law or decision, shall be punished by fine or imprisonment up to two years.
(2) If the person specified in paragraph 1 of this Article enforces the final court decision, prosecution shall not be instigated, and if instigated, it shall be discontinued.
Unlawful Facilitating to Engage in Particular Profession, Function, Duty,
Tasks and Activities
Whoever enables another to engage in a profession, function, duty, tasks or activities, although aware that such engagement is prohibited to such person by final decision ordering the relevant security measure or protective measure or that such a ban took effect as a legal consequence of the judgement,
shall be punished by fine or imprisonment up to two years.
Unlicensed Practise of Law
Whoever without required qualification provides legal services for compensation, shall be punished by fine or imprisonment up to two years.
CHAPTER THIRTY ONE
OFFENCES AGAINST PUBLIC PEACE AND ORDER
Causing Panic and Disorder
Article 343
(1) Whoever by disclosing or disseminating untrue information or allegations causes panic, or serious disruption of public peace and order or frustrates or significantly impedes enforcing of decisions of government authorities or organisations exercising administrative authority,
shall be punished by fine or imprisonment up to one year
(2) If the offence specified in paragraph 1 of this Article is committed through media or
similar means or at public gathering, the offender shall be punished by imprisonment up to three years.
Violent Behaviour
the offender shall be punished by imprisonment of six months to five years.
Conspiracy to Commit a Crime
Whoever conspires with another to commit a particular offence punishable by imprisonment of five or more years,
shall be punished by fine or imprisonment up to one year.
Criminal Alliance
(1) Whoever organises a group or other alliance whose purpose is committing criminal
offences punishable by imprisonment of three or more years, shall be punished by imprisonment of three months to five years.
(5) A member of the group or other alliance specified in paragraph 1 of this Article, shall be punished by imprisonment up to one year.
shall be punished by fine or imprisonment up to one year, and may be remitted from punishment.
Making and Obtaining Weapons and Tools intended for Commission of an Offence
(1) Whoever procures or enables another to acquire weapons, explosives, equipment for
their manufacture or poison that he knows are intended for commission of an offence, shall be punished by imprisonment of six months to five years.
(2) Whoever makes or provides another with tools for breaking and entering although
knowing they are intended for commission of an offence, shall be punished by fine or imprisonment up to one year.
Illegal Possession of Firearms and Explosives
(1) Whoever without authorisation manufactures, sells, procures, exchanges, carries or
possesses firearms, ammunition or explosives, shall be punished by imprisonment up to three years.
the offender shall be punished by imprisonment of one to eight years.
Participation in a Group Committing an Offence
(1) Whoever participates in a group that by joint action kills a person or inflicts grave bodily harm, damages property to large extent or commits other criminal offence punishable by imprisonment of five or more years or attempts to commit one of these offences,
shall be punished for participation by imprisonment of three months to five years.
(2) The ringleader of the group committing the offence specified in paragraph 1 of this
Article, shall be punished by imprisonment of one to eight years.
Illegal Crossing of State Border and Human Trafficking
Article 350
(1) Whoever without a required permission crosses or attempts to cross the border of
SaM, under arms or by use of force, shall be punished by imprisonment up to one year.
the perpetrator shall be punished by imprisonment from one to ten years.
(4) The means intended or used for commission of the offence specified in paragraphs 1 through 3 of this Article shall be impounded.
Wasting Time of Emergency Services
Whoever makes false representation of a signal for help or a signal for emergency or makes an unwarranted call for help and thereby causes unnecessary diversion of services of government authorities, fire brigade or other competent authority or causes disruption of traffic,
shall be punished by fine or imprisonment up to six months.
Illegal Organisation of Gaming
this Article who uses deceit, shall be punished by imprisonment of three months to five years.
(3) The means intended or used in committing the offence specified in paragraphs 1 and 2 of this Article, as well as monies and other items used in the game of chance, shall be seized.
Unlicensed Practise of a Profession
Whoever without license and for reward practises a particular profession that requires by law or other regulation enacted pursuant to law a license issued by competent authority or body,
shall be punished by fine or imprisonment up to one year.
Desecration of a Grave
Article 354
(1) Whoever without authorisation digs out, demolishes, damages or defiles a grave or
other place where a deceased person is buried, shall be punished by fine or imprisonment up to one year.
CHAPTER THIRTY TWO
OFFENCES AGAINST LEGAL INSTRUMENTS
Forging a Document
(1) Whoever makes a forged document or alters a real document with intent to use such
document as real or uses a forged or false document as real or obtains such document to use, shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed in respect of a public document, testament, bill of exchange, cheque, public or official record or other record that is kept under law,
the offender shall be punished by imprisonment of three months to five years.
(3) The attempt of the offence specified in paragraph 1 of this Article shall be punished.
Special Cases of Forging Documents
The following shall be deemed to be forging documents and shall be punished pursuant to Article 355 hereof:
1) whoever without authorisation fills in a statement having affect as legal instrument in legal relations by using a blank form, paper or other document signed by another;
2) Whoever deceives another in respect of content of a document and such party affixes their signature on such document believing that he/she is signing another document or another content;
3) whoever issues a document on behalf of another without authorisation of that person or on behalf of a person who does not exist;
4) whoever as an issuer of a document affixes with his signature a position, rank or title although he holds no such position, rank or title, thereby granting crucial force of evidence to such document;
5) whoever produces a document by using a genuine seal or sign without authorisation.
Forging an Official Document
Inducing to Certify False Content
(1) Whoever by deceiving competent authority induces such authority to certify in a
public document, minutes or record false data that may serve as proof in legal transaction, shall be punished by imprisonment of three months to five years.
(2) The penalty specified in paragraph 1 of this Article shall also be imposed to whoever uses such a document, minutes or record knowing that it is a forgery.
CHAPTER THIRTY THREE
OFFENCES AGAINST OFFICIAL DUTY
Abuse of Office
Violation of Law by a Judge, Public Prosecutor or his Deputy
A judge or lay judge, public prosecutor or his deputy who in court proceedings with intent to acquire a benefit or to cause damages to another issues an unlawful act or otherwise violates the law,
Shall be punished by imprisonment of six months to five years.
Dereliction of Duty
(1) An official who by violation of law or other regulations or general acts, by failure of duty to supervise or by otherwise deliberately and consciously neglecting his duty, although aware or was required to be aware and had to be aware that such acts may result in serious violation of another’s rights or material damage, and such violation and/or damages occur in excess of four hundred and fifty thousand dinars,
shall be punished by fine or imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article resulted in serious violation of
rights of another person or material damage exceeding one million five hundred thousand dinars, the offender shall be punished by imprisonment of six months to five years.
(3) A responsible officer in an institution or another entity, with the exception of those engaging in commercial activity, who commits the offence specified in paragraphs 1 and 2 of this Article, shall be punished by the penalty prescribed for that offence.
Unlawful Collection and Payment
An official who collects money from another who is not obliged to pay or charges another more than such person is obliged to pay, or who when paying or handing over items to another fails to pay, pays less or fails to hand over or hands over less,
shall be punished by fine or imprisonment up to three years.
Fraud in Service
(1) An official who in discharge of duty, with intent to acquire unlawful material gain for himself or another by submitting false accounts or otherwise misleads an authorised official to effect unlawful payment,
shall be punished by imprisonment of six months to five years.
(2) If the offence specified in paragraph 1 of this Article results in acquiring material gain
exceeding four hundred and fifty thousand dinars, the offender shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraph 1 of this Article results in acquiring material gain
exceeding one million five hundred thousand dinars, the offender shall be punished by imprisonment of two to ten years.
(4) A responsible person in an enterprise, institution or other entity who commits the offence specified in paragraphs 1 through 3 of this Article shall be punished by the penalty prescribed for such offence.
Embezzlement
(1) Whoever with intent to acquire for himself or another unlawful material gain appropriates money, securities or other movables entrusted to him by virtue of office or position in a government authority, enterprise, institution or other entity or store,
shall be punished by imprisonment of six months to five years.
(2) If the offence specified in paragraph 1 of this Article results in acquiring material gain
exceeding four hundred and fifty thousand dinars, the offender shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraph 1 of this Article results in acquiring material gain
exceeding one million five hundred thousand dinars, the offender shall be punished by imprisonment of two to twelve years.
Unauthorised Use
Whoever without authorisation uses money, securities or other movables entrusted to him by virtue of his office or under terms of his position in a government authority, enterprise, institution, or other organisation or store or without authorisation gives such items to another for use,
shall be punished by imprisonment of three months to five years.
Unlawful Mediation
(1) Whoever accepts a reward or other advantage to use his official or social position or
influence to intercede for performance or failure to perform an official act, shall be punished by imprisonment of three months to three years.
(2) Whoever promises, offers or gives a reward or other benefit to another to intercede through use of his official or social position or influence for performance or failure to perform of an official act, Shall be punished by imprisonment of six months to five years.
Soliciting and Accepting Bribes
shall be punished by imprisonment of three to fifteen years.
(4) An official who after performing or failure to perform an official act specified in
paragraphs 1, 2 and 3 of this Article solicits or accepts a gift or other benefit in relation thereto, shall be punished by imprisonment of three months to three years.
(7) The received gift or material gain shall be seized.
Bribery
Article 368
Revealing of Official Secret
Genocide
Whoever with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such, orders killing or causing serious bodily or mental harm to members of the group, or deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in whole or in part, or imposes measures intended to prevent births within the group or forcibly transfers children of the group to another group or who with same intent commits one of the aforementioned acts,
shall be punished by minimum five years imprisonment or thirty to forty years' imprisonment.
Crimes against Humanity
Whoever in violation of the rules of international law, as part of a wider and systematic attack against civilian population orders: murder; inflicts on the group conditions of life calculated to bring about its complete or partial extermination, enslavement, deportation, torture, rape; forcing to prostitution; forcing pregnancy or sterilisation aimed at changing the ethnic balance of the population; persecution on political, racial, national, ethical, sexual or other grounds, detention or abduction of persons without disclosing information on such acts in order to deny such person legal protection; oppression of a racial group or establishing domination or one group over another; or other similar inhumane acts that intentionally cause serious suffering or serious endangering of health, or whoever commits any of the above-mentioned offences,
shall be punished by imprisonment of minimum five years or imprisonment of thirty to forty years.
War Crimes against Civilian Population
(1) Whoever in violation of international law at time of war armed conflict or occupation orders an attack on civilian population, settlement, particular civilians, persons incapacitated for combat or members or facilities of humanitarian organisations or peace mission; wanton attack without target selection harming civilian population or civilian buildings under special protection of international law; attack against military targets knowing that such attack would cause collateral damage among civilians or damage to civilian buildings that is obviously disproportionate with the military effect; ordering against civilian population inflicting of bodily injury, torture, inhumane treatment, biological, medical or other research experiments, or taking of tissue or organs for transplantation or performing other acts causing harm to health or inflicting great suffering or who orders deportation or relocation or forced change of nationality or religion; forcing to prostitution or rape; applying intimidation and terror measures, taking of hostages, collective punishment, unlawful depriving of freedom and detention; depriving of the rights to a fair and impartial trial; proclaiming the rights and acts of enemy nationals prohibited, suspended or non-allowed in court proceedings; compelling into service of a hostile power or its intelligence or administration services; compelling to military service persons under seventeen years of age; forced labour; starving of population; unlawful seizure, appropriation or destruction of property not justified by military necessity; taking unlawful and disproportionate contributions and requisitions; devaluing of local currency or unlawful issuing of currency, or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.
shall be punished by imprisonment of minimum five years.
(5) Whoever threatens to commit any of the offences specified in paragraphs 1 and 2 of
this Article, shall be punished by imprisonment of six months to five years.
War Crimes against the Wounded and Sick
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.
War Crimes against Prisoners of War
(1) Whoever in violation of international law orders injury, torture, inhuman treatment, biological, medical or other research experiments, taking of tissues or body organs for transplantation or commission of other acts harmful to health and causing serious suffering against prisoners of war, or compels prisoners of war to service in forces of a hostile power or deprives them of the rights to fair and regular trial; or whoever commits any of such offences,
shall be punished by imprisonment of minimum five years.
(2) Whoever orders murder of prisoners of war or whoever commits such an offence,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years. .
Organising and Incitement to Genocide and War Crimes
(1) Whoever conspires with another to commit any of the crimes specified in Articles 370
through 374 hereof, shall be punished by imprisonment of three months to three years.
(2) Whoever organises a group to commit the criminal offences specified in Article 1 of
this Article, shall be punished by imprisonment of five to fifteen years.
(3) Whoever becomes member of a group specified in paragraph 1 of this Article, shall be punished by imprisonment of one to eight years.
(4) The offender specified in paragraphs 1 and 3 of this Article who discloses the conspiracy prior to committing an offence as part of the group or for the group, or an offender specified in paragraph 2 of this Article who prevents commission of the offence specified in paragraph 1 of this Article may receive mitigation of punishment.
(5) Whoever calls for or incites to commission of offences specified in Articles 370
through 374 hereof, shall be punished by imprisonment of one to ten years.
Employment of Prohibited Means of Warfare
the offender shall be punished by minimum five years imprisonment or thirty to forty years' imprisonment.
(3) Whoever calls for employment or prepares the use of weapons specified in paragraph
1 of this Article, shall be punished by imprisonment of six months to five years.
Unlawful Production of Forbidden Weapons
(1) Whoever contrary to law, other regulations or rules of international law manufactures, buys, sells, imports, exports or otherwise procures or gives to another, stocks or transports weapons whose production or use is forbidden, or means for production thereof,
shall be punished by imprisonment of one to five years.
(2) An official or responsible person who orders or enables a legal entity to engage in
activities provided under paragraph 1 of this Article, shall be punished by imprisonment of one to eight years.
Unlawful Killing and Wounding of Enemy
(1) Whoever in violation of international law at time of war or armed conflict kills or wounds an enemy who has laid down his weapons or has surrendered unconditionally or has no means of defence,
shall be punished by imprisonment of one to fifteen years.
(2) If the murder specified in paragraph 1 of this Article is committed in a perfidious
manner or from base motives, the offender shall be punished by imprisonment of minimum ten years.
Unlawful Appropriation of Objects from Bodies
(1) Whoever orders unlawful appropriation of objects from the dead or wounded on the
battlefield or who commits such an offence, shall be punished by imprisonment of one to five years.
(2) If the offence specified in paragraph 1 of this Article is committed in a cruel manner
or if the value of appropriated objects exceeds four hundred and fifty thousand dinars, the offender shall be punished by imprisonment of one to eight years.
(3) If the value of appropriated objects specified in paragraph 1 of this Article exceeds
one million, the offender shall be punished by imprisonment of two to ten years.
Violation of Protection Granted to Bearer of Flag of Truce/Emissary
Whoever in violation of international law at time of war or armed conflict abuses, mistreats or detains a bearer of a flag of truce/emissary or his escort or prevents their return or otherwise infringes their inviolability or orders such acts committed,
shall be punished by imprisonment of six months to five years.
Cruel Treatment of the Wounded, Sick and Prisoners of War
Whoever in violation of international law cruelly treats the wounded, sick or prisoners of war or prevents or obstructs exercising of their rights guaranteed by such rules, or whoever orders such acts committed,
shall be punished by imprisonment of six months to five years.
Unjustified Delay of Repatriation of Prisoners of War
Whoever in violation of international law delays without justification repatriation of prisoners of war or civilians after the end of war or armed conflict, or orders such delay,
shall be punished by imprisonment of six months to five years.
Destroying Cultural Heritage
(1) Whoever in violation of international law in time of war or armed conflict, destroys cultural or historic monuments or other objects of culture or religious facilities or institutions or facilities intended for the arts, sciences, education or humanitarian causes, or orders such acts committed,
shall be punished by imprisonment of three to fifteen years.
(2) If the offence specified in paragraph 1 of this Article results in destruction of a cultural
facility or institution enjoying special protection under international law, the offender shall be punished by imprisonment of five to fifteen years.
Failure to Prevent Crimes against Humanity and other Values Protected under International Law
shall be punished by the penalty prescribed for such offence.
(3) If the offence specified in paragraphs 1 and 2 of this Article is committed from
negligence, the offender shall be punished by imprisonment of six months to five years.
Abuse of International Signs
(1) Whoever abuses or carries without authorisation the flag or sign of the United Nations Organisation or the flag or symbol of the Red Cross Organisation or symbols corresponding thereto or other internationally recognised signs for designating particular facilities for their protection during military operations, or who orders such acts committed,
shall be punished by imprisonment up to three years.
(2) Whoever commits the offence specified in paragraph 1 of this Article within the zone
of war operations, shall be punished by imprisonment of six months to five years.
War of Aggression
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.
Racial and Other Discrimination
(3) Whoever propagates ideas of superiority of one race over another or propagates racial
intolerance or instigates racial discrimination, shall be punished by imprisonment of three months to three years.
Human trafficking
Article 388
(1) Whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity papers or by giving or accepting money or other benefit, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person with intent to exploit such person’s labour, forced labour, commission of offences, prostitution, mendacity, pornography, removal of organs or body parts or service in armed conflicts,
shall be punished by imprisonment of two to twelve years.
(2) When the offence specified in paragraph 1 of this Article is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if there was no use of force, threat or any of the other mentioned methods of perpetration.
injury of a person, the offender shall be punished by imprisonment of three to fifteen years.
(5) If the offence specified in paragraphs 1 and 3 of this Article resulted in death of one or
more persons, the offender shall be punished by imprisonment of minimum ten years.
(6) Whoever habitually engages in offences specified in paragraphs 1 and 3 of this Article
or if the offence is committed by an organised group, shall be punished by imprisonment of minimum five years.
Trafficking in Children for Adoption
(1) Whoever abducts a child under fourteen years of age for the purpose of adoption contrary to laws in force or whoever adopts such a child or mediates in such adoption or whoever for that purpose buys, sells or hands over another person under fourteen years of age or transports such a person, provides accommodation or conceals such a person,
shall be punished by imprisonment of one to five years.
(2) Whoever habitually engages in activities specified in paragraph 1 of this Article or if
the offence is committed by an organised group, shall be punished by imprisonment of minimum three years.
Holding in Slavery and Transportation of Enslaved Persons
(1) Whoever in violation of international law enslaves another person or places a person in similar position, or holds a person in slavery or similar position, or buys, sells, hands over to another or mediates in buying, selling and handing over of such person or induces another to sell his freedom or freedom of persons under his support or care,
shall be punished by imprisonment of one to ten years.
(2) Whoever transports persons in slavery or other similar position from one country to
another, shall be punished by imprisonment of six months to five years.
(3) Whoever commits the offence specified in paragraphs 1 and 2 of this Article against a
minor, shall be punished by imprisonment of five to fifteen years.
International Terrorism
(1) Whoever with intent to cause harm to a foreign state or international organisation commits abduction of a person or other violent act, causes explosion or fire or commits other generally dangerous acts or threatens use of nuclear, chemical, bacteriological or other similar means,
shall be punished by imprisonment of three to fifteen years.
(2) If the offence specified in paragraph 1 of this Article resulted in death of one or more
persons, the offender shall be punished by imprisonment of five to fifteen years.
(3) If in commission of the offence specified in paragraph 1 of this Article the offender kills another person with intent,
the offender shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.
Taking Hostages
(1) Whoever abducts another person and threatens to kill, injure or keep hostage with
intent to force another country or international organisation to do or not to do something, shall be punished by imprisonment of two to ten years.
(2) The offender specified in paragraph 1 of this Article who voluntarily releases the abducted person although not achieving the objective of the abduction, may be remitted from punishment.
(3) If the offence specified in paragraph 1 of this Article results in death of the abducted
person, the offender shall be punished by imprisonment of three to fifteen years.
(4) If in commission of the offence specified in paragraph 1 of this Article the offender intentionally kills the abducted person,
the offender shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.
Financing Terrorism
(1) Whoever provides or collects funds intended for financing commission of criminal
offences specified in Articles 312, 391 and 392 hereof, shall be punished by imprisonment of one to ten years.
(2) The funds specified in paragraph 1 of this Article shall be seized.
CHAPTER THIRTY FIVE
CRIMINAL OFFENCES AGAINST THE ARMY OF SERBIA
AND MONTENEGRO
Evasion of Military Service
(1) Whoever, without justifiable cause, fails to comply with summons for military conscription, for compulsory military service or reserve military staff training, or avoids to receive call-up papers for such service,
shall be punished by fine or imprisonment up to one year.
specified in paragraph 1 of this Article, shall be punished by imprisonment of one to eight years.
Evasion of Registration and Inspection
(1) Whoever contrary to statutory duty, without justifiable grounds, fails to comply with the summons of the competent government authority for registration or inspection or opposes inspection or registration of manpower or material resources necessary for defence of the country, or whoever provides false information during such registration or inspection,
shall be punished by fine or imprisonment up to one year.
Failure to Provide Material Resources
(1) Whoever contrary to statutory duty, without justifiable grounds, fails to deliver at a designated location and specified time, and in state required for their intended purpose, material resources or livestock,
shall be punished by fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed during imminent
threat of war, state of war, armed conflict or state of emergency, the offender shall be punished by imprisonment of six months to five years.
Evasion of Military Service by Self-disablement or Deceit
(1) Whoever with intent to evade military service or to be assigned to easier duty injures himself or otherwise temporarily incapacitates himself for military service, or allows another to temporarily incapacitate him, as well as whoever temporarily incapacitates another with or without that person's permission with same intent,
shall be punished by imprisonment of three months to five years.
(2) If the offence specified in paragraph 1 of this Article results in permanent disability
for military service, the offender shall be punished by imprisonment of one to eight years.
(3) Whoever with intent specified in paragraph 1 of this Article simulates an illness or
uses false documents for himself or another or otherwise acts fraudulently, shall be punished by imprisonment of three months to five years.
Unlawful Exemption from Military Service
Whoever by abuse of his position or authority makes possible for a serviceman subject to military duty to be exempted from service or to be assigned to easier duty, shall be punished by imprisonment of six months to five years.
Absence Without Leave and Desertion from the
Army of Serbia and Montenegro
(1) A serviceman who is absent without leave from his unit or service for minimum five days or less if such absence occurs several time in one year, or who deserts his unit or service during execution of an important assignment or during increased combat readiness of the unit,
shall be punished by fine or imprisonment up to one year.
(2) A serviceman who hides in order to evade service in the army or who is absent
without leave from his unit or service for more than thirty days, shall be punished by imprisonment of three months to three years.
(3) A serviceman who leaves the country or remains abroad in order to evade military
service, shall be punished by imprisonment of one to eight years.
paragraph 1 of this Article, shall be punished by imprisonment of one to eight years.
Failure and Refusal to Obey an Order
(1) A serviceman who fails or refuses to obey an order of a superior in relation to service, and thereby serious detrimental consequences result for the service or the service is seriously compromised,
shall be punished by imprisonment of three months to three years.
(2) If the offence specified in paragraph 1 of this Article results in serious consequences
for the military service or the order relates to accepting and use of arms, the offender shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraphs 1 and 2 is committed from negligence,
the offender shall be punished for the offence specified in paragraph 1 by fine or imprisonment up to one year, and for the offence specified in paragraph 2 by imprisonment of three months to three years.
Opposing a Superior
(1) A serviceman who together with other servicemen opposes an order of a superior
related to service and refuses to obey such order or refuses to do his duty, shall be punished by imprisonment of three months to three years.
weapons, the offender shall be punished be imprisonment of one to eight years.
(4) A serviceman who in perpetrating the offence specified in paragraphs 1 through 3 of
this Article commits manslaughter, shall be punished by imprisonment of two to twelve years.
of this Article, shall be punished by imprisonment of three months to three years.
(7) A military officer who, within his powers, and in cases of offences specified in paragraphs 1 through 4 of this Article, fails to undertake necessary, ordered or obviously required measures to restore order,
shall be punished by imprisonment of one to five years.
Resistance to Serviceman on Special Military Duty
Article 402
Whoever resists a serviceman on sentry, patrol, on watch, guard or similar assignment or fails to obey his challenge or fails or refuses to obey his order and thereby serious detrimental consequences result for the service or the service is seriously compromised,
shall be punished by imprisonment of three months to three years.
Compulsion against a Serviceman on Duty
(1) Whoever by force or threat of use of force prevents a serviceman in performance of
duty or compels him in the same manner to act contrary to official duty, shall be punished by imprisonment of three months to three years.
(2) If the offence specified in paragraph 1 of this Article results in serious consequences
for the service, the offender shall be punished by imprisonment of one to eight years.
(3) The attempt of the offence specified in paragraph 1 of this Article shall be punished.
Assault against a Serviceman on Duty
inflicts light bodily harm to a serviceman or threatens use of weapons, the offender shall be punished by imprisonment of three months to five years.
(3) If in commission of the offence specified in paragraph 1 of this Article the offender inflicts grave bodily harm to a serviceman or has caused serious consequences to the service from negligence,
the offender shall be punished by imprisonment of one to eight years.
(4) If the commission of the offence specified in paragraph 1 of this Article resulted in
manslaughter of a serviceman, the offender shall be punished by imprisonment of two to ten years.
Remittance of Punishment for Offences under
Articles 400 through 404
An offender specified in Articles 400, 401 paragraph 1, 402, 403 paragraph 1 and 404 paragraphs 1 and 2 hereof who was provoked by unlawful and rude treatment of a serviceman may be remitted from punishment.
Maltreating of Subordinate or Junior
Article 406
(1) A superior officer who in service or in relation to service maltreats a subordinate or
serviceman of junior rank or treats them in a way that offends dignity, shall be punished by imprisonment of three months to three years.
(2) If the offence specified in paragraph 1 of this Article results in grave bodily harm or serious impairment of health of the subordinate or junior or if the offence is committed against several persons,
the offender shall be punished by imprisonment of one to five years.
Violation of Special Military Duty
(1) A serviceman who acts contrary to regulations governing sentry, patrol, duty, guard or similar assignment and thereby serious consequences to the service occur or the service is seriously compromised,
shall be punished by imprisonment of three months to three years.
(2) If the offence specified in paragraph 1 of this Article is committed at weapons,
ammunition or explosives depot or other important facility, the offender shall be punished by imprisonment of three months to five years.
(3) If the offence specified in paragraphs 1 and 2 of this Article results in grave bodily
harm or extensive property damage or other serious consequences, the offender shall be punished by imprisonment of one to eight years.
(4) If the offence specified in paragraphs 1 and 2 results in death of one or more persons, the offender shall be punished by imprisonment of two to twelve years.
(5) If the offences specified in paragraphs 1 through 4 have been committed from negligence,
the offender shall be punished for the offence specified in paragraph 1 by fine or imprisonment of up to one year, for the offence specified in paragraph 2 by fine or imprisonment up to two years, for the offence specified in paragraph 3 by imprisonment of three months to three years and for the offence specified in paragraph 4 by imprisonment of one to eight years.
Violation of Border Guard Duty
the offender shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraph 1 of this Article resulted in death of one or more
persons, the offender shall be punished by imprisonment of two to twelve years.
(4) If the offence specified in paragraph 1 of this Article was committed from negligence, the offender shall be punished by fine or imprisonment up to one year.
(5) If the offence specified in paragraph 4 of this Article results in consequences specified in paragraph 2 of this Article,
the offender shall be punished by imprisonment of three months to three years, and if the offence results in consequences specified in paragraph 3 of this Article, the offender shall be punished by imprisonment of one to eight years.
Submission of False Reports
(1) A serviceman who officially reports to a superior, whether orally or in writing, false information of importance to the service or omits an important fact or forwards such report although aware that information contained therein is false, and thereby causes serious detrimental consequences to the service or the service is seriously compromised,
shall be punished by imprisonment of three months to three years.
(2) If the offence specified in paragraph 1 of this Article is committed by submitting of a
report of particular significance or if serious consequences result, the offender shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraphs 1 and 2 of this Article was committed from negligence,
the offender shall be punished for the offence in paragraph 1 by fine or imprisonment up to one year, and for the offence specified in paragraph 2 by imprisonment of three months to three years.
Failure to Undertake Measures for Security of a Military Unit
(1) A military commander who within his purview fails to undertake measures that are prescribed, ordered or other measures obviously necessary to ensure the security of the unit, protection of life and health of persons entrusted to him, security and maintenance in proper condition of facilities, objects and resources for combat readiness, regular provision of food or military equipment or keeping and caring of livestock, or timely and proper repair work or security of facilities entrusted to him, and thereby endangers the life or health of people or property of large value,
shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article results in a grave bodily harm or
extensive damage to property, or other grave consequences, the offender shall be punished by imprisonment of six months to five years.
(3) If the offence specified in paragraph 1 of this Article results in death of one or more
persons, the offender shall be punished by imprisonment of one to ten years.
(4) If the offence specified in paragraph 1 of this Article is committed from negligence, the offender shall be punished by fine or imprisonment up to one year.
(5) If the offence specified in paragraph 4 of this Article results in consequences specified in paragraph 2 of this Article,
the offender shall be punished by imprisonment up to three years, and if it results in consequences specified in paragraph 3 of this Article, the offender shall be punished by imprisonment up to five years.
Unconscientious Manufacture and Acceptance of Weapons and other Military Equipment
(3) If the offence specified in paragraphs 1 and 2 of this Article results in serious
consequences, the offender shall be punished by imprisonment of one to eight years.
(4) If the offence specified in paragraphs 1 and 2 of this Article is committed from
negligence, the offender shall be punished by fine or imprisonment up to one year.
(5) If the offence specified in paragraph 4 of this Article results in consequences specified
in paragraph 3 of this Article, the offender shall be punished by imprisonment of three months to three years.
Improper Care of Weapons
the offender shall be punished by imprisonment of one to ten years.
(4) If the offence specified in paragraphs 1 and 2 of this Article is committed from
negligence, the offender shall be punished by fine or imprisonment up to two years.
(5) If the offence specified in paragraph 4 of this Article results in consequences specified
in paragraph 3 of this Article, the offender shall be punished by imprisonment of three months to five years.
Unlawful Disposal with Entrusted Weapons
Whoever appropriates, disposes of, pawns, hands over to another to use, damages or destroys weapons, ammunition or explosives entrusted to him to use and that serve for defence purposes,
shall be punished by imprisonment of three months to five years.
Theft of Weapons or Parts of Combat Equipment
(1) Whoever steals weapons, ammunition, explosives, combat means or part thereof
serving for defence, shall be punished by imprisonment of six months to five years.
(2) If the value of items specified in paragraph 1 of this Article exceeds four hundred and fifty thousand dinars or if the theft was committed by breaking and entering of locked buildings, rooms, safes, cabinets or other closed premises or by a group of persons conspiring to commit the theft or in a particularly dangerous or insolent manner or by a person carrying a weapon or dangerous implement for attack or defence, or during fire, flood, earthquake or other calamity,
the offender shall be punished by imprisonment of two to ten years.
(3) If the value of items specified in paragraph 1 of this Article exceeds one million five
hundred thousand dinars, the offender shall be punished by imprisonment of two to twelve years.
Disclosing a Military Secret
Unauthorised Access to Military Facilities
Whoever without authorisation enters a military facility or makes sketches or drawings of the military facility or combat means or takes photographs thereof or otherwise makes photographic record, although knowing that this is prohibited,
shall be punished by imprisonment up to three years.
Penalties for Criminal Offences Committed During Imminent Threat of War, State of War, Armed Conflict and State of Emergency
the offender shall be punished by imprisonment of minimum ten years.
Failure of Duty to Conduct Mobilisation
Article 418
(1) A serviceman or official who during mobilisation in time of imminent threat of war, state of war, armed conflict or state of emergency, contrary to their duty fail do provide receiving, assignment and billeting of recruits, transportation and other means and livestock or fail to ensure provisions for mobilised personnel or livestock, resulting or that could have resulted in detrimental consequences,
shall be punished by imprisonment of one to five years.
specified in paragraph 2 of this Article, the offender shall be punished by imprisonment of three months to five years.
Undermining Military and Defence Power
(1) Whoever destroys, disables or enables handing over to the enemy of defence installations, defence facilities, position, armament and other military and defence means, ship or aircraft or surrenders a unit to the enemy without a fight or before exhausting all means of defence or otherwise hinders or endangers military or defence measures,
shall be punished by imprisonment of three to fifteen years.
(2) Whoever commits the offence specified in paragraph 1 of this Article with intent to
aid the enemy, shall be punished by imprisonment of five to fifteen years.
(3) Whoever prepares commission of the offence specified in paragraphs 1 and 2 of this
Article, shall be punished by imprisonment of one to six years.
(4) If the offences specified in paragraph 1 of this Article are committed from negligence, the offender shall be punished by imprisonment of one to eight years.
(5) If the offence specified in paragraph 1 and 2 of this Article resulted in death of one or more persons or has endangered lives or has been accompanied by serious acts of violence or extensive devastation or has resulted in compromising the security, economic or military power of the country,
the offender shall be punished by imprisonment of minimum ten years.
Preventing Opposition to the Enemy
(1) Whoever at time of war or armed conflict prevents citizens of SaM or citizens of allied
countries from fighting the enemy, shall be punished by imprisonment of five to fifteen years.
(2) Whoever at time of war or armed conflict deters citizens of SaM and its allies from
fighting the enemy through propaganda or otherwise, shall be punished by imprisonment of one to eight years.
Defection and Surrender to the Enemy Article 421
exhausting all means of defence, shall be punished by imprisonment of two to ten years.
Service in the Forces of a Hostile Power
(1) A citizen of SaM who in times of war or armed conflict serves in hostile forces or
participates in war or armed conflict as combatant against SaM and its allies, shall be punished by imprisonment of three to fifteen years.
(2) Whoever recruits SaM citizens for service in hostile forces or for participation in the
war or armed conflict against SaM or its allies, shall be punished by imprisonment of five to fifteen years.
Aiding the Enemy
the offender shall be punished by imprisonment of minimum ten years.
Failure to Discharge Duty and Abandoning of post During Combat
(1) A serviceman who during combat operation or imminently before combat fails to do
his duty and thereby detrimental consequences result to the military unit or combat situation, shall be punished by imprisonment of two to ten years.
(2) The penalty specified in paragraph 1 of this Article shall also be imposed to a serviceman who during combat or imminently before combat arbitrarily or fraudulently abandons his post.
(3) If the offences specified in paragraphs 1 and 2 of this Article result in serious
consequences, the offender shall be punished by imprisonment of minimum ten years.
Abandoning of Post Contrary to Orders
(1) A military commander who contrary to orders abandons a position with the unit under
his command before exhausting all possibilities of defence, shall be punished by imprisonment of two to twelve years.
(2) If the offences specified in paragraph 1 of this Article result in serious consequences, the offender shall be punished by imprisonment of minimum ten years.
Early Abandoning of a Damaged Vessel and Aircraft
(1) A commander of a navy ship who at time of war or armed conflict abandons a
damaged ship before fulfilling his duty pursuant to regulations on naval service, shall be punished by imprisonment of two to ten years.
the offender shall be punished for the offence specified in paragraph 1 of this Article by imprisonment of minimum ten years, and for the offence specified in paragraph 2 of this Article by imprisonment of two to ten years.
Weakening of Combat Morale
shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraphs 1 and 2 of this Article resulted in serious
consequences, the offender shall be punished by imprisonment of minimum ten years.
Failure to Report to Military Bodies Article 428
(1) Whoever during imminent threat of war, state of war, armed conflict or state of emergency does not report to a superior, senior officer or military command of an event that obviously requires undertaking of urgent military measures,
shall be punished by imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article resulted in serious consequences, the offender shall be punished by imprisonment of two to ten years.
Requirements for Pronouncing Disciplinary Punishment and/or Measure
A disciplinary punishment and/or measure set forth under law may be pronounced instead of criminal sanction to a serviceman for a criminal offence against the Army of Serbia and Montenegro carrying statutory punishment up to three years imprisonment, if such an act has acquired a particularly inconsequential aspect and if so required by exigencies of service.
Offences Committed at Orders of a Superior
A subordinate shall not be punished for an offence committed at orders of a superior relating to official duty, unless the order relates to commission of a criminal offence punishable by imprisonment of five or more years and the subordinate was aware that complying with the order constitutes a criminal offence.
CHAPTER THRITY SIX
TRANSITIONAL AND FINAL PROVISIONS
-article 105 and 107 of the Law on Election of Deputies to the National Assembly ("Official Gazette of the RS", no. 35/00, 57/03 and 18/04);
-article 45 of the Law on Protection from Ionising Radiation ("Official Gazette of the FRY", no. 46/96); -article 3 of the Law prohibiting Construction of Nuclear Power Plants in the FRY
("Official Gazette of the FRY", no. 12/95); -article 92 of the Mining Act ("Official Gazette of the RS", no. 44/95); -article 12 of the Antimonopoly Act ("Official Gazette of the FRY", 29/96); -articles 172 and 174 of the Tax Procedure and Tax Administration Act ("Official
Gazette of the RS", nos. 80/02, 84/02, 23/03, 70/03, 55/04 and 61/05); -article 27 of the Prevention of Money Laundering Act ("Official Gazette of the FRY", no. 53/01); -article 87 of the Law on the National Bank of Serbia ("Official Gazette of the RS", no. 72/03 and 55/04); -article 330 of the Customs Act ("Official Gazette of the RS", no. 73/03 and 61/05); -articles 179, 181 and 182 of the Bankruptcy Act ("Official Gazette of the RS", no. 84/04); -article 141 of the Drugs and Medications Act ("Official Gazette of the RS", no. 84/04); -article 24 of the Public Peace and Order Act ("Official Gazette of the RS", no. 5/92, 53/93, 67/93 and 48/94); -article 33 of the Weapons and Ammunitions Act ("Official Gazette of the RS", no.
9/92, 53/93, 67/93, 48/94, 44/98 and 39/03); -article 97 of the Gaming Act ("Official Gazette of the RS", no. 84/04); -article 1052 of the Maritime and Inland Waters Navigation Act ("Official Gazette
of the FRY", no. 12/98, 44/99, 74/99 and 73/00); -article 46a of the Trading Act ("Official Gazette of the FRY", no. 32/93, 41/93, 50/93, 41/94, 29/96 and 37/02);
-article 244 of the Securities and other Financial Instruments Act ("Official Gazette of the FRY", no. 65/02 and the ("Official Gazette of the RS", no. 57/03, 55/04 and 45/05);
-article 31 of the Law on Manufacture and Trade of Weapons and Military Equipment Act ("Official Gazette of the FRY", no. 41/96); -article 221 of the Insurance Act ("Official Gazette of the RS", no. 55/04, 70/04 and 61/05);
Article 432
This Code shall come into force on 1 January 2006.