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CRIMINAL CODE
("Official Gazette of the Republic of Serbia", nos. 85/2005, 88/2005 - corrigendum, 107/2005 - corrig., 72/2009, 111/2009 and 121/2012)


Article 54a - Aggravating circumstance

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.


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Article 174 - Discreditation due to racial, religious, ethnic or other affiliation

Whoever publicly ridicules a person or group because of their belonging to a particular race, colour, religion, nationality, ethnic origin or other personal characteristic, shall be punished by a pecuniary fine or up to one year imprisonment.

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HATE SPEECH LAWS:

Article 317 - Instigating national, racial and religious hatred and intolerance

(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.


HATE SPEECH/DISCRIMINATION:


Article 387 - Racial and other discrimination

(1) Whoever on grounds of race, colour, religious affiliation, nationality, ethnic origin or other personal characteristics violates fundamental human rights and freedoms guaranteed by universally accepted rules of international law and international treaties ratified by Serbia, shall be punished by imprisonment of six months to five years.

(2) The penalty specified in paragraph 1 of this Article shall be imposed on whoever persecutes organisations or individuals due to their commitment to equality of people.

(3) Whoever spreads ideas of superiority of one race over another or propagates racial hatred or instigates racial discrimination, shall be punished by imprisonment of three months to three years.

(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.

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