Ilić: New Criminal Code provisions in effect from 1 December

 “The amendments to the Criminal Code, aimed at providing judicial authorities with proven andeffective mechanisms for combating crime, are to come into effect on 1 December”, StateSecretary of the Ministry of Justice Radomir Ilić announced at a round-table discussion on theapplication of the said Criminal Code amendments.

The round table was organised by the OSCEMission to Serbia with the support of the Serbian Ministry of Justice and the U.S. Department ofJustice.

“We’ve learnt from other countries’ experiences that insisting on repressive measures does notnecessarily lead to a reduction in crime rates.

Consequently, the Serbian Government has nointention to combat crime simply by increasing penalties, thereby widening the gap between thepenal policy and the practice”, State Secretary Ilić said.

The State Secretary noted that the amendments had been adopted by the National Assembly ofthe Republic of Serbia in May 2019. This was preceded by a comprehensive crime policyanalysis and a broad consultation process which began back in 2015.

The State Secretary explained that from 1 December 2019 life imprisonment might be imposedwith the possibility of release on parole after serving 27 years, except for the five most seriousand heinous crimes: aggravated murder, rape resulting in death, sexual intercourse with ahelpless person resulting in death, sexual intercourse with a child resulting in death, and sexualintercourse by abuse of position resulting in death.

“In all other cases there is the possibility ofparole. Serbia is no exception to this, since the same rules are in place in several EU MemberStates”, State Secretary Ilić pointed out.The process of change was set in motion by the Tijana Jurić Foundation in November 2017when it submitted to the National Assembly a civil initiative to amend the Criminal Code, whichwas upheld by 158,460 citizens of the Republic of Serbia.

The provisions on sentencing in case of recidivism were further elaborated. In addition, the scopeof offences for which a suspended sentence may be imposed has been narrowed which meansthat this sentence cannot be imposed for offences punishable by a term of imprisonment of eightyears or more. Finally, a new criminal offence – assault against an attorney – has been included,as proposed by the Bar Association of Serbia.

The State Secretary observed that Serbia had been a positive role model for some countries in theregion, namely that Bosnia and Herzegovina was in the process of introducing a life sentence,while Croatia was tightening its penal policy against violent behaviour, domestic violence, andviolence against women and children.Head of the OSCE Mission to Serbia Andrea Orizio stated that the criminal justice system playeda key role in supporting the rule of law in a balanced manner by ensuring respect for fundamental rights which must not be violated. He added that the OSCE Mission supportedinitiatives aimed at improving the legal framework and its implementation, including case lawand fundamental human rights.