Serbian Draft Criminal Code

Criminal offences against honour and reputation -

 

(Draft Criminal Code of Serbia)

 

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 Serbia is a member.

 

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.