Serbian Draft Criminal Code
Criminal
offences against honour and reputation -
(Draft Criminal Code of
C R I M
I N A L C O D E
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SPECIAL
PART
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CHAPTER
SEVENTEEN
CRIMINAL
OFFENSES AGAINST HONOUR AND REPUTATION
Insult
Article
170
(1)
Anyone who insults another person
shall be punished by a fine or a
sentence of imprisonment not exceeding three months.
(2)
Should the offence referred to in Paragraph 1 of
this Article be performed through the press, radio, television or similar
instruments or at a public gathering,
the perpetrator shall be punished by a fine or a
sentence of imprisonment not exceeding
six months.
(3)
If the insulted person returned the insult, the
court may punish both parties or punish one party and release the other from.
(4)
The perpetrator shall not be punished for the
offence referred to in Paragraphs 1 to 3 of this Article if the statement has
been given within a serious critique in a scientific, literary or artistic
work, in the course of performing an official duty, journalist profession,
political activity, in defence of a right or to protect justifiable interests,
if the manner in which the statement has been given or other circumstances
indicate it has not been done with the intent to discredit a person.
Defamation
Article
171
(1)
Anyone who speaks or transmits untrue information
about someone that may harm the latter’s honour or reputation
shall be punished by a
fine or sentence of imprisonment not exceeding six months.
(2)
Should the act referred to in Paragraph 1 of this
Article be performed through the press, radio, television or similar
instrument, or at a public gathering,
the perpetrator
shall be punished by a fine or sentence of imprisonment not exceeding one year.
(3)
If an untrue information said or transmitted has
caused significant harm to the injured party,
the perpetrator
shall be punished by a sentence of imprisonment not exceeding three years.
(4)
If the culprit proves to have had founded reasons to
believe in the truthfulness of what s/he was saying or transmitting s/he shall
not be punished for libel, but may be punished for insult (Article 170), if the
requirements for the existence of this act have been met.
Disclosure
of circumstances in the private and family life
Article
172
(1)
Anyone who spreads or transmits information about
personal or family life of a person that may potentially harm his/her honour or
reputation
shall be
punished by a fine or sentence of imprisonment not exceeding six months.
(2)
If the act referred to in Paragraph 1 of this Article
is performed through the press, radio, television or similar instrument, or at
a public gathering,
the perpetrator
shall be punished by a fine or sentence of imprisonment not exceeding one year.
(3)
If what is being said or transmitted has led or could
have resulted in grave consequences for the injured party,
the perpetrator
shall be punished by a sentence of imprisonment not exceeding three years.
(4)
The perpetrator shall not be punished for speaking
about or transmitting information about personal or family life in the course
of performing an official duty, journalist profession, in defence of a right or
to protect justifiable interests, if s/he proves the truthfulness of his/her
claims or if s/he proves to have had a founded reasons to believe the
truthfulness of what s/he was saying or transmitting.
(5)
The truthfulness or untruthfulness of what is being
said or transmitted pertaining to personal or family life of a person shall not
be liable to supporting by evidence, except in cases referred to in Paragraph 4
of this Article.
Dishonouring
SCG and a member state
Article
173
Anyone who
exposes SCG or one of its member states, the flag, coat of arms or anthem to
ridicule,
shall be punished by a
fine or sentenced to imprisonment not exceeding three months.
Violation the reputation of nations, national
and ethnic groups of SCG
Article
174
Anyone
who exposes the nation, national or ethnic group living in SCG to ridicule,
shall be
punished by a fine or a sentence of imprisonment not exceeding three months.
Violation
of the reputation of a foreign country or an international organisation
Article
175
(1)
Anyone who exposes to mockery a foreign country, its
flag, coat of arms or anthem,
shall be punished by a fine or a sentence of imprisonment not exceeding three months.
(2)
The punishment referred to in Paragraph 1 of this
Article shall also be imposed on the person who publicly ridicules the
Organisation of the United Nations, International Red Cross or another
international organisation of which SCG or
Impunity
for criminal offences referred to in Articles 173 to 175
Article
176
The perpetrator
of the act referred to in Article 173 through Article 175 of this Code shall
not be punished if the statement has been given within a serious critique in a
scientific, literary or artistic work, in the course of performing an official
duty, journalist profession, political activity, in defence of a right or to
protect justifiable interests, if the manner of expression or other circumstances
indicate it has not been done with the intent to discredit or if s/he proves
the truthful character of his/her claims or that s/he has had founded reasons
to believe in the truthfulness of what s/he was saying or transmitting.
Prosecution
for offences against honour and reputation
Article
177
(1)
Prosecution for the offence referred to in Articles
170 to 172 of this Code shall be undertaken upon a private complaint.
(2)
If the offences referred to in Articles 170 to 172
of this Code have been committed against a deceased, the prosecution shall be
initiated by a private complaint of his/her spouse or person who lived with the
deceased in a permanent extramarital community, a relative in the direct line,
adoptive parent, adopted child, sibling of the deceased.
(3)
Prosecution for the offence referred to in Article
175 of this Code shall be undertaken after obtaining the approval of the
Republic Prosecutor.