Unofficial translation

Republika Srpska

Criminal Code

(Republika Srpska Official Gazette nos. 49/03, 108/04, 37/06, 70/06)

Published 1 July 2003





Article 390

Inciting National, Racial or Religious Hatred, Discord or Hostility

(1) Whosoever publicly incites and inflames national, racial or religious hatred, discord or hostility, or spreads ideas of superiority of one race or nation over another, 

shall be punished by a fine or imprisonment for a term of not more than two years.

(2) Whosoever commits an offence under paragraph 1 above by employing duress and torture, jeopardizing the safety of any person, exposing national, ethnic or religious symbols to derision, damaging other people’s belongings, desecrating monuments or graves,

shall be punished by imprisonment for a term of between six months and five years.

(3) Where an offence under paragraphs 1 and 2 above results in riots, violence or any other serious consequence to the co-existence of the constituent peoples and others who live in the Republika Srpska,

the offender shall be punished by imprisonment for a term of between one and eight years.

(4) Any material or article bearing messages under paragraph 1 above and equipment for their production, duplication or distribution shall be subject to forfeiture.