CRIMINAL CODE – AMENDMENTS AND ADDITIONS

CRIMINAL CODE – AMENDMENTS AND ADDITIONS

The National Assembly of the Republic of Serbia adopted the Law on Amendments and Additions to the Criminal Code on November 27, 2024. The law will enter into force on the eighth day after its publication in the “Official Gazette of the Republic of Serbia.”

Amendments Overview

The amendments tighten prison sentences for the criminal offense of Serious Crimes Against Public Traffic Safety (Article 297), which represents a qualified, more severe form of the criminal offenses Endangering Public Traffic (Article 289), Endangering Traffic by Dangerous Acts or Means (Article 290), Endangering Air Traffic Safety (Article 291), and Negligent Supervision of Public Traffic (Article 295).

Increased Penalties

Depending on the intent in the basic offense and the type and severity of the consequences, the penalties for the four possible forms of Serious Crimes Against Public Traffic Safety have been increased as follows:

1. With intent, resulting in serious bodily injury or substantial property damage (damage exceeding six million dinars, according to the legal interpretation of the Supreme Court of Serbia from 2006):
   • Previously: imprisonment from 1 to 8 years.
   • Now: imprisonment from 2 to 10 years.
2. With intent, resulting in death of one or more persons:
   • Previously: imprisonment from 2 to 12 years.
   • Now: imprisonment from 5 to 15 years.
3. With negligence, resulting in serious bodily injury or substantial property damage:
   • Previously: imprisonment up to 4 years.
   • Now: imprisonment from 6 months to 5 years.
4. With negligence, resulting in death of one or more persons:
   • Previously: imprisonment from 1 to 8 years.
   • Now: imprisonment from 2 to 10 years.

Analysis of the Amendments

The most severe form of this criminal offense, now punishable by imprisonment from 5 to 15 years, is equated in severity with the crime of Murder (Article 113), raising questions about its criminological justification.

This is because, in Serious Crimes Against Public Traffic Safety under Article 297(2) of the Criminal Code—or negligent homicide, as termed in many European legislations—the perpetrator always acts negligently regarding the more severe consequence (death of a person). In contrast, the crime of Murder (Article 113) always involves intent.

THREE NEW CRIMINAL OFFENSES

The amendments to the Criminal Code introduced three new criminal offenses:

1. Assault on an Employee of an Educational Institution;
2. Assault on an Employee of a Healthcare Institution; and
3. Assault on an Employee of a Social Welfare Institution.

Scope of Protection

The protected individuals under these offenses include employees of educational, healthcare, and social welfare institutions, as well as their family members, in connection with the work performed in these institutions. The object of the crime can also include the property of the aforementioned individuals.

Criminal Acts and Penalties

1. Basic Offense: Assault on an employee or their family member in connection with the work performed in the institution:
   • Penalty: imprisonment from 3 months to 3 years.
2. Aggravated Offense: If the perpetrator threatens with a weapon or inflicts minor bodily injury:
   • Penalty: imprisonment from 6 months to 5 years.
   • If serious bodily injury is inflicted: imprisonment from 1 to 8 years.
3. Property Damage: If the perpetrator destroys, damages, or renders property unusable in connection with the institution’s work:
   • Penalty: fine or imprisonment up to 2 years.
   • If the damage exceeds 450,000 dinars: imprisonment from 6 months to 5 years.

Legislative Redundancy

Given the identical penalties and descriptions of the basic and aggravated forms of these three offenses, differing only in the type of institution involved (educational, healthcare, or social welfare), the legislative technique raises questions. Instead of creating three separate criminal offenses, a single offense protecting all three categories of individuals would suffice, avoiding unnecessary complexity in the Criminal Code.

Attorney Zoran Agatonović