Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006condemned and sanctioned clearly. The behavior of heads of thisinstitution is a reason enough to start a debate on their work in theSerbian Assembly.• It is necessary that the Agency Council immediately start fulfillingits duty in preventing and punishing the occurrence of hate-speechin electronic media.• Double standards applied in the cases of TV Pink and TV BK areharsh mocking of the law which casts serious doubt at Council’sobjectivity.• In future decisions about possible complaints against TV Pink, thecontinuation of hate-speech, even after it had been warned against,must be considered.Law on War Crimes ProsecutionThe Law on War Crimes Prosecution 580 was adopted in the NationalAssembly of the Republic of Serbia on July 10 th , 2005. The first versionwas brought on July 1 st , 2003 581 and its amended version took effect onDecember 29 th 2004. 582 The current content of the Law dates from July18 th , 2005. 583 This Law governs education, organization, jurisdiction andpowers of state agencies and their departments with a view to detecting andprosecuting war crimes perpetrators. 584The law applies to criminal acts against humanity and international law 585and these acts are enumerated in the Chapter XVI of the Basic CriminalCode. 586 These are as follows: genocide 587 , crime against humanity 588 , warcrimes against civilians 589 , war crimes against the wounded and ill 590 and war580 Law on War Crimes Prosecution, see above under 4581 Law on War Crimes Trials, adopted on July 1 st 2003., took effect on July 9 th 2003, Official Gazette of theRepublic of Serbia 67/2003582 Amendments to the Law on War Crimes Trials, adopted on December 21 st 2004., took effect on December29 th 2004, Official Gazette of the Republic of Serbia 67/03 and 135/2004583 Amendments to the Law on War Crimes Trials, adopted on July 10 th 2005., took effect on July 18th 2005,Official Gazette of the Republic of Serbia 61/2005584 Law on War Crimes Prosecution, Article 1, see above under 4585 Ibid, Article 2, Item 2586 Basic Criminal Law, adopted in 1976, Official Gazette of SFRY 44/1976, 36/1977, 34/1984, 37/1984,74/1987, 57/1989, 03/1990, 38/1990, 45/1990 and 54/1990, Official Gazette of FRY 35/1992, 16/1993,37/1993, 24/1994 and 61/2001 and Official Gazette of the Republic of Serbia 39/2003587 Ibid, Article 370588 Ibid, Article 371589 Ibid, Article 372590 Ibid, Article 373116
Implementation of Transitional Laws in Serbia 2006crimes against prisoners of war 591 , organizing and inciting genocide andwar crimes 592 , use of the forbidden means of combat 593 , illegal productionof prohibited weapons 594 , killing and wounding enemy soldiers 595 , lootingthe dead 596 , hurting parliamentarians 597 , cruel treatment of the wounded,ill and prisoners of war 598 , unjustified delay of the prisoners of warrepatriation 599 , destruction of cultural heritage 600 , failure to preventcommitting acts of crime against humanity and other entities protectedby the international law 601 , aggressive war 602 , abuse of internationalsigns 603 , racial and other discrimination 604 , human trafficking 605 , adoptionprompted children trafficking 606 , enslaving persons and transporting themas such 607 , international terrorism 608 , taking hostages 609 and funding terroristactivities 610 . The need for amendments to the Law can already be witnessedat this point for, as from the January 1 st 2006, new Criminal Code 611 tookeffect whereby the abovementioned Basic Criminal Code ceased to exist.Criminal acts prosecuted under the Law on War Crimes Prosecution are nolonger encompassed by Chapter XVI of the Basic Criminal Code but ratherby Chapter XXXIV of the Criminal Code. The title of the section has beenchanged as well so instead of the previous “Criminal acts against humanityand international law” now it is called “Criminal acts against humanity andother entities protected by international law”.Besides this, the law governs the cases of severe breaching of the internationalhumanitarian law in the former Yugoslavia as from January 1 st , 1991, whichare regulated by the International Criminal War Crimes Tribunal for the591 Ibid, Article 374592 Ibid, Article 375593 Ibid, Article 376594 Ibid, Article 377595 Ibid, Article 378596 Ibid, Article 379597 Ibid, Article 380598 Ibid, Article 381599 Ibid, Article 382600 Ibid, Article 383601 Ibid, Article 384602 Ibid, Article 386603 Ibid, Article 385604 Ibid, Article 387605 Ibid, Article 388606 Ibid, Article 389607 Ibid, Article 390608 Ibid, Article 391609 Ibid, Article 392610 Ibid, Article 393611 Criminal Code, adopted on October 6 th 2005, took effect on January 1 st 2006, Official Gazette of the Republicof Serbia 85/2005, 88/2005 and 107/2005117
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Implementation of Transitional Laws in Serbia 2006

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