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CRIMINAL CODE

(Official Gazette of RS, Nos. 85/2005, 88/2005, 107/2005)

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CHAPTER FOURTEEN

CRIMINAL OFFENCES AGAINST FREEDOMS AND RIGHTS OF MAN AND

CITIZEN

Unlawful Depriving of Liberty

Article 132

(1) Whoever unlawfully detains another, keeps him in custody or otherwise unlawfully deprives him of liberty or restricts his freedom of movement,

shall be punished with imprisonment up to three years.

(2) If the offence specified in paragraph 1 of this Article is committed by an official through abuse of position or authority,

such person shall be punished with imprisonment of six months to five years.

(3) If unlawful depriving of liberty exceeded thirty days or was committed in cruel manner or if such act resulted in serious impairment of health of the person unlawfully deprived of freedom or if other serious consequences resulted,

the offender shall be punished with imprisonment of one to eight years.

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Coercion

Article 135

(1) Whoever by use of force or threat coerces another to do or refrain from doing something, or to endure,

shall be punished with imprisonment up to three years.

(2) Whoever commits the offence specified in paragraph 1 of this Article in a cruel manner or by threat of murder or grievous bodily harm or abduction,

shall be punished with imprisonment of six months to five years.

(3) If the offence specified in paragraphs 1 and 2 of this Article result in grievous bodily harm or other serious consequences,

the offender shall be punished with imprisonment from one to ten years.

(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the person under coercion or if committed by an organised group,

the offender shall be punished with imprisonment from three to twelve years.

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CHAPTER EIGHTEEN

SEXUAL OFFENCES

Rape

Article 178

(1) Whoever forces another to sexual intercourse or an equal act by use of force or threat of direct attack against the body of such or other person,

shall be punished with imprisonment from two to ten years.

(2) If the offence specified in paragraph 1 of this Article is committed under threat of disclosure of information against such person or another that would discredit such person’s reputation or honour, or by threat of other grave evil,

the offender shall be punished with imprisonment from one to eight years.

(3) If the offence specified in paragraphs 1 and 2 of this Article resulted in grievous bodily harm of the person against whom the offence is committed, or if the offence is committed by more than one person or in a particularly cruel or particularly humiliating manner or against a juvenile or the act resulted in pregnancy,

the offender shall be punished with imprisonment from three to fifteen years.

(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the person against whom it was committed or if committed against a child,

the offender shall be punished with imprisonment from five to eighteen years.

Sexual Intercourse with a Helpless Person

Article 179

(1) Whoever has sexual intercourse with another or commits an equal act by taking advantage of such person’s mental illness, mental retardation or other mental disorder, disability or some other state of that person due to which the person is incapable of resistance,

shall be punished with imprisonment of one to ten years.

(2) If the helpless persons suffers serious bodily harm due to the offence specified in paragraph 1 of this Article, or the offence has been committed by several persons or in a particularly cruel or humiliating manner, or against a juvenile or if the act resulted in pregnancy the perpetrator

shall be punished with imprisonment of two to twelve years.

(3) If the offence specified in paragraphs 1 and 2 of this Article results in death of the person against whom it was committed or if committed against a child,

the offender shall be punished with imprisonment from five to eighteen years.

Sexual Intercourse with a Child

Article 180

(1) Whoever has sexual intercourse or commits an equal act against a child,

shall be punished with imprisonment from one to ten years.

(2) If the offence specified in paragraph 1 of this Article results in grievous bodily harm of the child against whom the act was committed or if the act is committed by several persons or the act resulted in pregnancy,

the offender shall be punished with imprisonment from two to twelve years.

(3) If death of the child results due to the offence specified in paragraphs 1 and 2 of this Article,

the offender shall be punished with imprisonment from five to eighteen years.

(4) An offender shall not be punished for the offence specified in paragraph 1 of this Article if there is no considerable difference between the offender and the child in respect of their mental and physical development.

Sexual Intercourse through Abuse of Position

Article 181

(1) Whoever by abuse of position induces to sexual intercourse or an equal act a person who is in a subordinate or dependant position,

shall be punished with imprisonment of three months to three years.

(2) Teacher, tutor, guardian, adoptive parent, stepfather or other person who through abuse of his position or authority has sexual intercourse or commits an act of equal magnitude a uvenile entrusted to him for learning, tutoring, guardianship or care,

shall be punished with imprisonment from one to ten years.

(3) If the offence specified in paragraph 2 of this Article is committed against a child,

the offender shall be punished with imprisonment of two to twelve years.

(4) If the offence specified in paragraphs 1 through 3 of this Article resulted in pregnancy,

the offender shall be punished for the offence specified in paragraph 1 by imprisonment from six months to five years, and for the offence specified in paragraph 2 by imprisonment from two to twelve years, and for the offence specified in paragraph 3 by imprisonment from three to fifteen years.

(5) If death of the child results due to offence specified in paragraph 3 of this Article,

the offender shall be punished with imprisonment from five to eighteen years.

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Pimping and Procuring

Article 183

(1) Whoever pimps a minor for sexual intercourse or an equal act or other sexual act,

shall be punished with imprisonment of three months to five years.

(2) Whoever procures a minor for sexual intercourse or an act of equal magnitude or other sexual act,

shall be punished with imprisonment up to three years.

Mediation in Prostitution

Article 184

(1) Whoever causes or induces another person to prostitution or participates in handing over a person to another for the purpose of prostitution, or who by means of media or otherwise promotes or advertises prostitution,

shall be punished with a fine or imprisonment up to three years.

(2) If the offence specified in paragraph 1 of this Article is committed against a minor,

the offender shall be punished with imprisonment from one to ten years.

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Prosecution for Criminal Offences against Sexual Freedom

Article 186

Prosecution for criminal offences specified in Article 178 and 179 hereof committed against a spouse and for the criminal offence specified in Article 182 paragraph 1 hereof is initiated by public prosecutor's office.

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CHAPTER TWENTY ONE

OFFENCES AGAINST PROPERTY

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Extortion

Article 214

(1) Whoever with intent to acquire unlawful property gain for himself or another, by force or threat causes another person to act to the prejudice of his or another’s property,

shall be punished with imprisonment of one to eight years.

(2) If by the offence specified in paragraph 1 of this Article material gain exceeding four hundred and fifty thousand dinars is acquired,

the offender shall be punished with imprisonment of two to ten years.

(3) If by the offence specified in paragraph 1 of this Article material gain exceeding one million five hundred thousand dinars is acquired,

the offender shall be punished with imprisonment of two to twelve years.

(4) Whoever engages habitually in offences specified in paragraphs 1 to 3 of this Article, or if the offence is committed by an organised group,

shall be punished with imprisonment of three to fifteen years.

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CHAPTER THIRTY ONE

OFFENCES AGAINST PUBLIC PEACE AND ORDER

Illegal Crossing of State Border and Human Trafficking

Article 350

(1) Whoever without a required permission crosses or attempts to cross the border of SaM, under arms or by use of force,

shall be punished by imprisonment up to one year.

(2) Whoever enables another illegal crossing of the SaM border or illegal sojourn or transit through SaM to a person who is not a citizen of SaM with intent to acquire a benefit for himself or another

shall be punished by imprisonment of three months to six years.

(3) If the offence specified in paragraph 2 of this Article is committed by an organised group, by abuse of authority or in a manner endangering the lives and health of persons whose illicit crossing of the SaM border, sojourn or transit is being facilitated or if a larger number of persons is being smuggled

the perpetrator shall be punished by imprisonment from one to ten years.

(4) The means intended or used for commission of the offence specified in paragraphs 1 through 3 of this Article shall be impounded.

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CHAPTER THITY FOUR

CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED

BY INTERNATIONAL LAW

Human trafficking

Article 388

(1) Whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity papers or by giving or accepting money or other benefit, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person with intent to exploit such person’s labour, forced labour, commission of offences, prostitution, mendacity, pornography, removal of organs or body parts or service in armed conflicts,

shall be punished by imprisonment of two to twelve years.

(2) When the offence specified in paragraph 1 of this Article is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if there was no use of force, threat or any of the other mentioned methods of perpetration.

(3) If the offence specified in paragraph 1 of this Article is committed against a minor,

the offender shall be punished by imprisonment of minimum three years.

(4) If the offence specified in paragraphs 1 and 3 of this Article resulted in grave bodily injury of a person,

the offender shall be punished by imprisonment of three to fifteen years.

(5) If the offence specified in paragraphs 1 and 3 of this Article resulted in death of one or more persons,

the offender shall be punished by imprisonment of minimum ten years.

(6) Whoever habitually engages in offences specified in paragraphs 1 and 3 of this Article or if the offence is committed by an organised group,

shall be punished by imprisonment of minimum five years.

Trafficking in Children for Adoption

Article 389

(1) Whoever abducts a child under fourteen years of age for the purpose of adoption contrary to laws in force or whoever adopts such a child or mediates in such adoption or whoever for that purpose buys, sells or hands over another person under fourteen years of age or transports such a person, provides accommodation or conceals such a person,

shall be punished by imprisonment of one to five years.

(2) Whoever habitually engages in activities specified in paragraph 1 of this Article or if the offence is committed by an organised group,

shall be punished by imprisonment of minimum three years.

Holding in Slavery and Transportation of Enslaved Persons

Article 390

(1) Whoever in violation of international law enslaves another person or places a person in similar position, or holds a person in slavery or similar position, or buys, sells, hands over to another or mediates in buying, selling and handing over of such person or induces another to sell his freedom or freedom of persons under his support or care,

shall be punished by imprisonment of one to ten years.

(2) Whoever transports persons in slavery or other similar position from one country to another,

shall be punished by imprisonment of six months to five years.

(3) Whoever commits the offence specified in paragraphs 1 and 2 of this Article against a minor,

shall be punished by imprisonment of five to fifteen years.

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