National legislation

On August 31, 2009 the Serbian Parliament passed amendments and supplements to the Criminal Code of Serbia (Official Gazette of RS, no. 72/09). Novelties in Article 388 – Human Trafficking are as follows: the punishment for the main offense of human trafficking has been increased to the imprisonment of three to 12 years (previously two to ten); minimum sentence for child trafficking has been increased from not less than three to not less than five years in prison; the lower limit for trafficking offense committed by an organized criminal group has also been increased. For the first time, the punishment is envisaged for the buyers of services who knew or could have known that the person selling the services was a trafficking victim.

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.

If the offense specified in Paragraph 3 hereof resulted in grave bodily injury of a minor,

the perpetrator shall be punished by imprisonment of not less than five 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)

Holding in Slavery and Transportation of Enslaved Persons (Article 390)

Showing, obtaining and possessing pornographic materials and the abuse of minors in pornography (Article 185)

PREVIOUS LEGISLATION

VALID REGULATIONS AND STRATEGIC DOCUMENTS

The Position of Victims in Criminal Proceedings

Criminal Code of the Republic of Serbia (only in Serbian)

Law on Aliens (only in Serbian)

Law on Public Peace and Order (only in Serbian)

Law on Juvenile Offenders and Criminal Justice Protection of Juveniles (only in Serbian)

Law on the Confiscation of Criminal Proceeds (only in Serbian)

Witness Protection Act  (only in Serbian)

Personal Data Protection Act (only in Serbian)

Strategy to Combat Trafficking in Human Beings in the Republic of Serbia

National Plan of Action to Combat Trafficking in Human Beings for the period 2009-2011

Decision setting up the Committee for the Implementation of the Action Plan against Organized Crime (only in Serbian)

Decision setting up the Anti Trafficking Council (only in Serbian)

Decision setting up the Committee for harmonizing the activity and further improvement of cooperation in the area of judiciary and home affairs on the issues of general interest, in particular in the fight against corruption, organized crime, terrorism, drugs, trafficking in human beings, confiscation of assets, money laundering and other relating issues (only in Serbian)

Instruction on the conditions for approving temporary residence to foreign citizens – victims of human trafficking (only in Serbian)

Instruction on the procedure for approving temporary residence to foreign citizens – victims of human trafficking

Special Protocol for police officers for the protection of juveniles from abuse and neglect (only in Serbian)

Ministry of the Interior’s Instruction for dealing with juveniles and young adults (only in Serbian)

Instruction on the work of the Agency for Coordination of Protection of Trafficking Victims