Serbia / National Court/Higher Court in Belgrade/K 654/2016

Country

Serbia

Title

Serbia / National Court/Higher Court in Belgrade/K 654/2016

View full Case

Year

2018

Decision/ruling/judgment date

Thursday, May 17, 2018

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity
Religion
Nationality

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Higher Court in Belgrade (Viši sud u Beogradu)

Key facts of the case

The case concerns a street fight in the Kotež neighborhood in Belgrade. The accused physically and verbally assaulted several persons and inflicted upon them minor physical injuries. While punching them, the accused was verbally assaulting them on the basis of their nationality (Albanians) and religion (Muslims). The accused threatened the victims by shouting that he was going to burn down their homes and to displace them from Serbia.

Main reasoning/argumentation

The Higher Court in Belgrade found that the accused is guilty of incitement to national, racial and religious hatred and intolerance pursuant to Article 317 para. 2 in conjunction with para. 1 of the Criminal Code. The Higher Court in Belgrade also found the accused guilty of taking part in the fight pursuant to Article 123 (1) of the Criminal Code.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

It is not possible to discern any key issue from the body of the case since the decision was rendered without a reasoning pursuant to Article 429 of the Criminal Procedure Act. This Article allows for accelerated criminal procedure and for a decision to be rendered without reasoning in the case when defense waives the right to appeal and when a conditional sentence is determined.

Results (sanctions, outcome) and key consequences or implications of the case

The Higher Court in Belgrade determined a suspended prison sentence of 1 year in the case the accused commits another crime within 3 years following the day of the receipt of the final decision.

Key quotation in original language and its unofficial translation into English with reference details

N/A

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