Facebook Pixel Code

Laws in Serbia

Criminal Code of Serbia

Official Gazette of RS, no. r. 85/2005, 88/2005 – correction, 107/2005 – correction, 72/2009, 111/2009 and 121/2012

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 aimed at exploiting such person’s labour, forced labour, commission of offenses, prostitution, other forms of sexual exploitation, begging, pornography, establishing slavery or slavery-like relation, the removal of organs or body parts or service in armed conflicts, shall be punished by imprisonment of three to twelve years.

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

(3) If the offense specified in Paragraph 1 of this Article is committed against a minor, the offender shall be punished by imprisonment of not less than five years.

(4) If the offense specified in Paragraphs 1 and 2 of this Article resulted in grave bodily injury of a person, the offender shall be punished by imprisonment of five to fifteen years.

(5) If the offense 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 not less than ten years.

(6) Whoever habitually engages in offenses specified in Paragraphs 1 to 3 of this Article or if the offense is committed by a group, shall be punished by imprisonment of not less than five years.

(7) If the offense specified in Paragraphs 1 to 3 of this Article is committed by an organized group, the offender shall be punished by imprisonment of not less than ten years.

(8) Whoever knew or could have known that a person is the victim of trafficking, but nevertheless made use of her/his position or facilitated another person to make use of her/his position for the purpose of exploitation referred to in Paragraph 1 of this Article, shall be punished by imprisonment of six months to five years.

(9) If the offense referred to in Paragraph 8 of this Article was committed against a minor of which fact the offender was or could have been aware, such offender shall be punished by imprisonment of one to eight years.

(10) The consent to exploitation or to the establishment of slavery or slavery-like relation referred to in paragraph 1 of this Article has no bearing on the existence of criminal offense referred to in Paragraphs 1, 2 and 6 of this Article.

Trafficking in Minors for Adoption

Article 389

(1) Whoever abducts a child under 16 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 16 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 offense is committed by a group, shall be punished by imprisonment of not less than three years.

(3) If the offense referred to in Paragraph 1 of this Article is committed by an organized group, the perpetrator shall be punished by imprisonment of not less than five years.

Illegal Crossing of State Border and People Smuggling

Article 350

(1) Whoever without a required permission crosses or attempts to cross the border of Serbia, under arms or by use of force, shall be punished with imprisonment of up to one year.

(2) Whoever enables another illegal crossing of the Serbia border or illegal sojourn or transit through Serbia with intent to acquire a benefit for himself or another person shall be punished with imprisonment of six months to five years.

(3) If the offence specified in paragraph 2 of this Article is committed by an group, by abuse of authority or in a manner endangering the lives and health of persons whose illicit crossing of the Serbian border, sojourn or transit is being facilitated or if a larger number of persons is being smuggled the perpetrator shall be punished with imprisonment of one to ten years.

(4) If the offence specified in paragraph 2 of this Article is committed by an organized group, the offender shall be punished with imprisonment of three to twelve.

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

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 with imprisonment of one to ten years.

(2) Whoever transports persons in slavery or other similar position from one country to another, shall be punished with 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 with imprisonment of five to fifteen years.

Showing, Procuring and Possessing Pornographic Material and Minor Person Pornography

Article 185

(1) Whoever sells, shows or publicly displays or otherwise makes available texts, pictures, audio-visual or other items of pornographic content to a minor or shows to a minor a pornographic performance, shall be punished with a fine or imprisonment up to six months.

(2) Whoever uses a minor to produce photographs, audio-visual or other items of pornographic content or for a pornographic show, shall be punished with imprisonment of six months to five years

(3) If the act specified in paragraph 1 and 2 of this Article is committed against child, the offender shall be punished for the act specified in paragraph 1 with imprisonment of six months to three years, and for the act specified in paragraph 2 with imprisonment of one to eight years

(4) Whoever procures for himself or another and possesses, sells, shows, publicly exhibits or electronically or otherwise makes available pictures, audio-visual or other items of pornographic content resulting from abuse of minor person, shall be punished with imprisonment of three months to three years

(5) Items specified in paragraphs 1 through 4 of this Article shall be confiscated.

Scroll to Top