Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006Conclusions• In 2004 and 2005, sixty six criminal charges on the suspicion ofthe criminal act of “causing racial, religious or national hatred orintolerance” were filed in the District Public Prosecutor’s Offices,and eight indictments were brought. Twenty four criminal chargeswere immediately dismissed.• The District Courts in Serbia lead 15 court procedures for theperpetration of the criminal act of “causing racial, religious andnational hatred or intolerance” during 2004 and 2005. Of these 15,the court procedure was still in progress in 11 cases.• During these two years the District Courts in Serbia reached fourverdicts on this criminal act, of which two were acquittals, and intwo cases the measure of obligatory psychiatric treatment outsideof an institution was pronounced.• In six of the 25 tested Prosecutor’s Offices no criminal chargeswere filed for this criminal act. In 14 of 25 tested Courts no criminalprocedures for the perpetration of this criminal act were lead in twoyears.• District Prosecutor’s Offices in Uzice and Jagodina passed thecriminal charges to the authorized Municipal Courts, because theyconsidered these to be the criminal acts of „insult” and „endangeringsafety”.• During the years 2004 and 2005 sixty six criminal charges onthe suspicion of the perpetration of this criminal act were filed.Only two verdicts were reached, and that of obligatory psychiatrictreatment outside of an institution, point to the fact that in Serbiathere is no will to institutionally acknowledge that racial, religiousand national hatred exists.• The new Criminal Code had left out the word „discord” from thedefinition of this criminal act. The term „among nations and nationalminorities” was replaced by the term „among nations and ethniccommunities”. Also, according to the old, Basic Criminal Code, theprison sentence for the mildest conviction of this criminal act usedto be one year, while in the new Code it is six months.206
Implementation of Transitional Laws in Serbia 2006Recommendations• The District Prosecutor’s Offices in Serbia should raise morecharges for the perpetration of this criminal act and interpret moreflexibly the regulations of the Criminal Code which regulate theconditions which must be fulfilled in order for this criminal act toexist;• District Courts in Serbia should conduct the criminal procedureslead for the perpetration of this criminal act more efficiently, inorder to prevent some of the procedures to last for two and a halfyears;• On finished procedures, the District Courts should pronouncesentences to prison in the duration of six months to ten years, andnot security measures of obligatory psychiatric treatment.BibliographyList of books, reports and magazines used as source1. Belgrade Centre for Human Rights, Human Rights in Serbia andMontenegro 2004, Belgrade, 20052. Belgrade Centre for Human Rights, Human Rights in Serbia 2005,Belgrade, 20063. Minority Rights Center, Violations of the Rights of Roma in Serbia,Report 2, Belgrade, 20034. Humanitarian Law Centre, Albanians in Serbia, Belgrade 20035. Humanitarian Law Centre: Roma in Serbia, Belgrade 20036. Helsinki Committee for Human Rights in Serbia, In Conflict withEthnic Identity of the State, Belgrade, 20047. Youth Initiative for Human Rights, Implementation of TransitionalLaws in Serbia, Belgrade, 20058. Lawyers’ Committee for Human Rights: Conscientious objection,Belgrade, 20009. Labris, Annual Report about status of LGBT population in Serbia,Belgrade, 200610. Ljubisa Lazarevic: Criminal Law in Yugoslavia, Savremenaadministracija, Belgrade, 199811. Law Encyclopedia, Savremena administracija, Beograd, 1985207
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Implementation of Transitional Laws in Serbia 2006

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