Serbia regularly reports data on hate crimes to ODIHR. Serbia's Criminal Code contains a general penalty-enhancement provision and a substantive offence. The data reported to ODIHR also include cases of incitement to hatred and other hate speech offences. Serbia's Prosecutor's Office collects data on hate crime.
Hate crimes recorded by police
A breakdown of police recorded hate crimes by bias motivation is not available.
In a first judgment expressly applying the hate crime provision in Serbian Criminal Code, a defendant received an enhanced sentence for a hate crime motivated by bias against sexual orientation, following arguments to that effect by the public prosecutor.
The Republic Public Prosecutor's Office, jointly with the OSCE Mission to Serbia and civil society, developed and published the Guidelines for Criminal Prosecution of Hate Crimes. The Guidelines, to which ODIHR contributed expert input, were disseminated and trainings for prosecutors are being conducted to solidify their principles into prosecutorial practice.
Pursuant to the Compulsory Instruction issued by the Republic Public Prosecutor, all Prosecutor's Offices have appointed a specialist hate crime prosecutor to monitor and record hate crime cases, liaise with case prosecutor and police officers, as well as with the victims and civil society organizations supporting them.
No information is available.
ODIHR observes that the law enforcement agencies of Serbia have not recorded the bias motivations of hate crimes.