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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 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.