Criminal Code of the Republic of Serbia (2003, as amended 2012) (excerpts related to Hate Crime Laws) (English)

Article 54a

If a crime is committed out of hatred because of someone's race or religion, national or ethnic origin, sex, sexual orientation or gender identity, the court shall consider this circumstance as an aggravating circumstance, unless it has been prescribed as an element of the criminal offence.

Article 317

(1) Whoever provokes or incites ethnic, racial or religious hatred or intolerance among the peoples or ethnic communities living in Serbia shall be punished by imprisonment of six months to five years.

(2) If the offence referred to in paragraph 1 of this Article is committed by coercion, maltreatment, compromising of security, exposure to derision of national, ethnic or religious symbols, damage to other person's goods, desecration of monuments, memorials or graves, the offender shall be punished by imprisonment of one to eight years.

(3) Whoever commits the offence referred to in paragraphs 1 and 2 of this Article by abuse of power or authority, or if these offences result in riots, violence or other grave consequences to co-existence of peoples, national minorities or ethnic groups living in Serbia, shall be punished for the offence referred to in paragraph 1 of this Article by imprisonment of one to eight years, and for the offence referred to in paragraph 2 of this Article by imprisonment of two to ten years.

Article 387

(4) Whoever disseminates or otherwise makes publicly available texts, images or any other representation of ideas or theories advocating or inciting hatred, discrimination or violence against any person or group of persons based on race, colour, religious affiliation, nationality, ethnic origin or other personal characteristics, shall be punished by imprisonment of three months to three years.

(5) Whoever publicly threatens to commit a criminal offense punishable by imprisonment of more than four years, against a person or group of persons because they belong to a particular race, colour, religion, nationality, ethnic origin or because of any other personal characteristic, shall be punished by imprisonment of three months to three years.

Article 317

(1) Whoever provokes or incites ethnic, racial or religious hatred or intolerance among the peoples or ethnic communities living in Serbia, shall be punished by imprisonment of six months to five years.

(2) If the offence referred to in paragraph 1 of this Article is committed by coercion, maltreatment, compromising of security, exposure to derision of national, ethnic or religious symbols, damage to other person's goods, desecration of monuments, memorials or graves, the offender shall be punished by imprisonment of one to eight years.

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