Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006In the period at the end of 2005 and the beginning of 2006, the YouthInitiative for Human Rights (in further text the Initiative) had conducted aresearch on the relations of District Public Prosecutor’s Offices in Serbiatowards the criminal act of „causing racial, religious and national hateand intolerance“ 1130 . The Initiative had sent petitions for free access toinformation on the addresses of 25 District Public Prosecutor’s Offices inSerbia. According to the Law on the Structure of Courts 1131 it is regulatedthat the District Courts in Serbia have jurisdiction over processingcriminal acts for which imprisonment for more than 10 years has beenanticipated 1132 , but also for a number of taxatively catalogued criminal actsamong which the causing of racial, religious or national hate, discord andintolerance are mentioned 1133 . On the other hand, according to the Lawon Public Prosecution 1134 , District Public Prosecutors have jurisdictionover procedures in the District Court 1135 . Therefore, the District PublicProsecutor’s Offices are responsible for prosecuting and bringing chargesin cases for the processing of which the District Courts have jurisdiction.Among other criminal acts which fall under the jurisdiction of DistrictPublic Prosecutor’s Offices, is „causing racial, religious and national hateand intolerance“ 1136 . The Initiative had asked the following informationfrom the District Courts:• How many proceeding are being handled in your District Courtfor committing the criminal act from Article 134 of the GeneralCriminal Law — causing racial, religious and national hate, discordand intolerance? We ask you also to deliver us the information onthe number of convictions for committing the earlier mentionedcriminal acts during the years 2004 and 2005 1137From the District Public Prosecutor’s Offices, we demanded the followinginformation:1130 Criminal Code, Article 317, see above under 6111131 The Law on the Structure of Courts (Official Gazette RS, No. 63/2001, 42/2002, 27/2003, 29/2004,101/2005 and 46/2006), adopted on 25th May 2006, made efficient on June 10 th , 20061132 Ibid, Article 22 Paragraph 11133 Ibid, Article 22 Paragraph 21134 The Law on Public Prosecutor’s Offices (Official Gazette number 63/2001, 42/2002, 39/2003, 44/2004,61/2005 and 46/2006), adopted on 25th May 2006, made efficient on June 10 th , 20061135 Ibid, Article 201136 See above under 11301137 All the requests to the District Courts were sent on August 25 th , 2005198
Implementation of Transitional Laws in Serbia 2006• How many criminal charges have been brought to your DistrictPublic Prosecutor’s Office during the years 2004 and 2005 for thecriminal act from Article 134 of the Basic Criminal Law — instigatingracial, religious and national hate, discord and intolerance? We alsoask you to deliver us the information on the number of complaintswhich have been processed in courts in the same period for thebefore mentioned criminal act 1138 .The intention of the Initiative was to obtain information from the DistrictPublic Prosecutor’s Offices on the number of filed complaints duringthe years 2004 and 2005 for causing racial, religious and national hateor intolerance, and on the number of indictments raised on the basis ofthe filed criminal complaints. The District Courts were asked to provideinformation on the number of processes which were lead at that time,as well as on the number of convictions during the years 2004 and 2005.Based on this data the number of complaints filed in Serbia during thesetwo years on the suspicion that this criminal act had been committed can beestablished, as well as how many indictments were brought and how manyconvictions there were in the District Courts of Serbia. By comparing theobtained data, it is possible to reach argumented conclusions on the relationof the legislative organs toward this criminal act, and the possible traditionof punishableness, or unpunishableness of the perpetrators.The Basic Criminal Law 1139 ceased to be efficient on 1st January 2006. Itanticipated the criminal act of „causing national, racial and religious hatred,discord or intolerance“ 1140 . The law stated that the person or persons whocaused or excited national, racial or religious hatred, discord or intoleranceamong nations and national minorities which live in SRJ (Federal Republicof Yugoslavia), would be punished by a prison sentence of up to fiveyears 1141 . In cases when this is done by force, harassment, endangering thesafety, mocking national, ethnic or religious symbols, destruction of otherpeople’s property, desecrating monuments, commemorative objects orgraves, such acts will be punished with a prison sentence in the durationof one to eight years 1142 . If such a criminal act is committed by abusinga position or authorizations, or if it caused riots, violence or other severe1138 All the requests to the District Public Prosecutor’s Offices were sent on August 25 th , 20051139 The Basic Criminal Code stopped being valid on the putting into effect of the Criminal Code1140 Ibid, Article 1341141 Ibid, Paragraph 11142 Ibid, Paragraph 2199
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Implementation of Transitional Laws in Serbia 2006

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