Serbia

Serbia regularly reports data on hate crimes to ODIHR. Serbia's Criminal Code contains a general penalty enhancement provision and a substantive offence provision. The data reported to ODIHR also include cases of incitement to hatred, individual defamation, other hate speech offences, discrimination and the violation of equality. Serbia's Prosecutor's Office collects data on hate crime.

How hate crime data is collected in Serbia

How hate crime data is collected in Serbia

There is no specific system in place for the police recording of hate crimes.

The recording of hate crimes is conducted in all 83 public prosecutor offices in accordance with official guidelines. There is an instruction that defines record keeping on hate crimes within the meaning of the aggravating circumstance under Article 54a of the Criminal Code, including on providing a specific indication of the motive of the criminal offence. Under General Compulsory Instruction O.br. 4/2018 of 28 September 2018, each Prosecutor's Office includes a prosecutor appointed as a contact point, who is tasked with collecting information and issuing quarterly reports on activities regarding hate crimes to the Public Prosecutor's Office.

In addition to hate crimes, the Prosecutor's Office records the criminal offences of incitement to ethnic, racial and religious hatred and intolerance (Article 317 of the Criminal Code), racial and other discrimination (Article 387 of the Criminal Code), as well as other criminal offences covered in the Criminal Code.

The Public Prosecutor's Office and competent public prosecutor's offices co-operate with relevant civil society organizations on the basis of signed protocols. Regular co-ordination meetings are held, involving representatives of the Public Prosecutor's Office, representatives of other competent state bodies and civil society organisations to prevent hate crimes in the Republic of Serbia. These meetings are held twice a year and are organized by the Office for Human Rights and Minority Rights of the Government of the Republic of Serbia and the OSCE Mission to Serbia. Opinions are exchanged at the co-ordination meetings with the representatives of the civil sector, who point out cases that, in their opinion, represent hate crimes. In addition to the aforementioned normative regulations, the Guidelines for the Prosecution of Hate Crimes in the Republic of Serbia are also important for the actions of public prosecutors.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2019 86 14 10
2018 61 12 7
2017 5 0 0
2016 9 1 2
2015 79 7 19
2014 87 21 14
2013 64 24 16
2012 36 39 37
2011 39 36 24
2010 37 35 13
2009 82 16 44

About 2018 Data

    Reported police, prosecution and sentencing figures include crimes of incitement to hatred and violation of equality, some of which fall outside of the OSCE's definition of hate crime.

Hate crime recorded by police

A breakdown of police recorded hate crimes by bias motivation is not available. 

National developments

In a first judgment expressly applying the hate crime provision in Serbian Criminal Code, a defendant received an enhanced sentence for a hate crime motivated by bias against sexual orientation, following arguments to that effect by the public prosecutor.

The Republic Public Prosecutor's Office, jointly with the OSCE Mission to Serbia and civil society, developed and published the Guidelines for Criminal Prosecution of Hate Crimes. The Guidelines, to which ODIHR contributed expert input, were disseminated and trainings for prosecutors are being conducted to solidify their principles into prosecutorial practice.

Pursuant to the Compulsory Instruction issued by the Republic Public Prosecutor, all Prosecutor's Offices have appointed a specialist hate crime prosecutor to monitor and record hate crime cases, liaise with case prosecutor and police officers, as well as with the victims and civil society organizations supporting them.

INCIDENTS REPORTED BY OTHER SOURCES

Racist and xenophobic hate crime

Date Type of incident Source Description
2018-12 Attacks against property
OSCE Office for Democratic Institution and Human Rights
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2018 Attacks against property
SETA
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2018-10 Violent attacks against people
OSCE Mission to Serbia
SETA
 Show info
2018 Attacks against property
SETA
 Show info

Anti-Semitic hate crime

Date Type of incident Source Description
2018-06 Attacks against property
OSCE Mission to Serbia
 Show info
2018-08 Attacks against property
OSCE Mission to Serbia
 Show info

Gender-based hate crime

Date Type of incident Source Description
2018-09 Violent attacks against people
OSCE Mission to Serbia
 Show info
2018-08 Violent attacks against people
OSCE Office for Democratic Institution and Human Rights
 Show info

Anti-LGBTI hate crime

Date Type of incident Source Description
2018-01 Violent attacks against people
Association Da se zna!
 Show info
2018-01 Violent attacks against people
Association Da se zna!
 Show info
2018-09 Violent attacks against people
Association Da se zna!
 Show info
2018-08 Threats
Association Da se zna!
 Show info
2018-11 Threats
Association Da se zna!
 Show info
2018-02 Violent attacks against people
Association Da se zna!
 Show info
2018-04 Violent attacks against people
Association Da se zna!
 Show info
2018-05 Violent attacks against people
Association Da se zna!
 Show info
2018-05 Violent attacks against people
Association Da se zna!
 Show info
2018-06 Violent attacks against people
Association Da se zna!
 Show info
2018-09 Violent attacks against people
Association Da se zna!
 Show info
2018-09 Violent attacks against people
Association Da se zna!
 Show info
2018-11 Violent attacks against people
Association Da se zna!
 Show info
2018-11 Violent attacks against people
Association Da se zna!
 Show info
2018-12 Violent attacks against people
Association Da se zna!
 Show info
2018-11 Threats
Association Da se zna!
 Show info
2018-04 Violent attacks against people
Association Da se zna!
OSCE Mission to Serbia
 Show info
2018-11 Threats
Association Da se zna!
 Show info
2018-03 Violent attacks against people
Association Da se zna!
 Show info
2018-04 Violent attacks against people
Association Da se zna!
OSCE Mission to Serbia
 Show info

INTERNATIONAL REPORTS

No information is available.

KEY OBSERVATION

ODIHR observes that the law enforcement agencies of Serbia have not recorded the bias motivations of hate crimes.