PROVISIONS RELATED TO DOMESTIC VIOLENCE IN SERBIAN
LEGISLATION
Criminal Code
Domestic violence was criminalized for the first time as a specific criminal act in Art. 118a of
the Criminal Code, which came into effect in March 2002 (Official Gazette of the Republic
of Serbia, 26/77):
„Whoever by use of force or serious threat against life and limb violates or endangers physical or mental
integrity of a family member shall be fined or punished with imprisonment up to three years.
If a weapon, dangerous instrument or an implement suitable to cause serious bodily harm or seriously impair
health is used in committing the offence specified in paragraph 1 of this Article, the perpetrator shall be
punished with six months to five years imprisonment.
If serious bodily harm or permanent and serious impairment of health of a family member results due to the
offence specified in paragraphs 1 and 2 of this Article, or if the offence is committed against a minor, the
perpetrator shall be punished with two to ten years imprisonment.
If the offence specified in paragraphs 1 and 2 of this Article results in death of a family member, the
perpetrator shall be punished with minimum ten years imprisonment.”
The Criminal Code was amended in 2005 and came into force on January 1st, 2006 (Official
Gazette of the Republic of Serbia, 85/05). New provisions related to domestic violence in
the Art. 194 are as follows:
„Perpetrator who by the use of force, threat against life and body, impertinent or insolent behavior endangers
serenity, physical integrity or mental state of a member of its family shall be fined or punished with
imprisonment to one year (Art. 194 of the Criminal Code, para. 1).
If a weapon, dangerous instrument or an implement suitable to cause serious bodily harm or seriously impair
health is used in committing the offence, the perpetrator shall be punished with three months to three years
imprisonment (para 2).
If serious bodily harm or serious impairment of health of a family member results due to the
offence, or if the offence is committed against a minor, the perpetrator shall be punished
with one to eight years imprisonment (para 3), while in case that domestic violence results in
a death of a family member, prescribed sentence is three to twelve years imprisonment (para
4).
Incest is penalized in Art. 197. It is prescribed that if adult who commits sexual intercourse
or equivalent sexual act with under-aged direct blood relative or with under-aged sibling
(brother or sister) shall be punished by up to three years imprisonment.
Marital rape became incriminated by amendment to Criminal Code in 2002. The previous
provision defined rape as forced sexual intercourse outside matrimony, but the amendment
dropped the latter part “outside matrimony”. Art. 178 of the new Criminal Code, prescribes
that whoever coerces another person to sexual intercourse or equivalent act, by the use of
force, or threat against life or body (or threat against other close persons) shall be punished
with imprisonment from two to ten years (para 1). There are also more severe forms of rape
for which more severe punishment is prescribed.
Family Law
Official Gazette of RS 18/05, came into force on July 1st, 2005
Family Law introduces definition of family members, and protection measures against the
family member who has committed violence ( Art 198, para 1).
One or more of the following protective measures could be imposed by the court:
1)
issuing court order for removal of a perpetrator from family apartment or
house, regardless of the
1.
property rights or rental agreement,
2)
issuing a court order for moving into family apartment or house, regardless
of the property rights or
2.
rental agreement,
3)
restraining order (banning approach to a family member on defined reach),
4)
banning approach into place of residing or place of work of the family
member,
5)
banning further harassment of the family member (Art. 198, para 2).
The procedure is particularly urgent (Art. 285), the charges do not have to be referred to the
accused for obligatory response (Art. 204 para. 2), the court must carry out the proceedings
in two scheduled hearings at most (Art. 204, para.3), the first scheduled hearing should be
held within 8 days from the day charges are received by the court (Art. 285, para. 2) and a
second-instance verdict is to be delivered within 15 days from the day when the charges are
referred to the court of second instance (Art. 285, para. 3).
Protective measure(s) from domestic violence can last up to one year (Art 198, para 3), but
they could be also prolonged until reasons for their imposing cease to exist (Art. 199)
Violation of protective measures is punishable by the Criminal Code (Art. 194, para. 5).
This Article prescribes that whoever violates protective measures determined by the court,
shall be fined or sentenced to six months imprisonment.
There is no specific law on domestic violence in Serbia. Domestic violence is both
incriminated in Serbian Criminal Code and Family Law.
Serbian Criminal Code
Article 194
(1) Whoever by use of violence, threat of attacks against life or body, insolent or ruthless
behavior endangers the tranquility, physical integrity or mental condition of a member of his
family, shall be punished with a fine or imprisonment up to one year.
(2) If in committing the offence specified in paragraph 1 of this Article weapons,
dangerous implements or other means suitable to inflict serious injury to body or seriously
impair health are used; the offender shall be punished with imprisonment from three months
to three years.
(3) If the offence specified in paragraphs 1 and 2 of this Article results in grievous bodily
harm or serious health impairment or if committed against a minor, the offender shall be
punished with imprisonment from one to eight years.
(4) If the offence specified in paragraphs 1, 2 and 3 of this Article results in death of a
family member, the offender shall be punished with imprisonment from three to twelve
years,
(5) Whoever violates a measure against domestic violence that was imposed on them by
the court in accordance with the law shall be punished with a fine or imprisonment up to six
months.
Family Law
Article 197
(1) Domestic violence, according to this Law, is behavior of a family member that harms the
physical integrity, mental health or tranquility of another family member.
(2) Domestic violence, in the context of par. 1 of this Article, is especially considered:
1. infliction or attempt of infliction of physical harm;
2. causing feelings of fear with a treat of killing or inflicting physical harm to family member
or person close to;
3. forcing to sexual act;
4. invitation to sexual act or sexual act with a person who is not 14 years old or with unable
person;
5. limitation of the freedom of movement or communications with third parties;
6. verbal assaults, as any other impertinent, reckless or malice behavior.
(3) Family members, in the context of par. 1 of this Article, are considered:
1. husbands/wife and ex-husbands/wives;
2. children, parents, and other related relatives (in blood, in law and adoption) and persons
related by guardianship;
3. persons who live or lived in the same family household;
4. extra marital partners or ex extra marital partners;
5. couples who were or still are in emotional or sexual relationship, or who have or are
expecting a child, even though they have never lived together in a shared household.
Protection orders
Article 198
(1) Against family member who act violently court can order one or more domestic violence
protection orders, which temporarily forbid or limit maintenance of personal relations with
other family member.
(2) Domestic violence protection orders are:
1. issuance of an injunction for removing from the family house or apartment, regardless the
right of owning or renting the property;
2. issuance of an injunction for moving in the family house or apartment, regardless the right
of owning or renting the property;
3. prohibition of approaching family member at a certain distance;
4. prohibition of access to the place of residence or workplace of a family member at a
certain distance;
5. prohibition of further disturbance of family member.
(3) Protection order from domestic violence may last maximum up to one year.