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

Instigating National, Racial and Religious Hatred and Intolerance

Article 317

(1) Whoever instigates or exacerbates national, racial or religious hatred or intolerance among the peoples and ethnic communities living in Serbia shall be punished by imprisonment of six months to five years.

(2) If the offence specified in paragraph 1 of this Article is committed by coercion, maltreatment, compromising security, exposure to derision of national, ethnic or religious symbols, damage to other persons, goods, desecration of monuments, memorials or graves, the offender shall be punished by imprisonment of one to eight years.

(3) Whoever commits the offence specified in paragraphs 1 and 2 of this Article by abuse of position or authority, or if these offences result in riots, violence or other grave consequences to the co-existence of peoples, national minorities or ethnic groups living in Serbia, shall be punished for the offence specified in paragraph 1 of this Article by imprisonment of one to eight years, and for the offence specified in paragraph 2 of this Article by imprisonment of two to ten years.

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Desecration of a Grave

Article 354

(1) Whoever without authorisation digs out, demolishes, damages or defiles a grave or other place where a deceased person is buried, shall be punished by fine or imprisonment up to one year.

(2) The penalty specified in paragraph 1 of this Article shall also be imposed to whoever without authorisation demolishes, damages or removes or defiles a gravestone or other monument to the deceased.

(3) If the offence specified in paragraphs 1 and 2 of this Article establishes elements of a more serious offence, the offender shall be punished for that offence.

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