КРИВИЧНО ДЕЛО СПРЕЧАВАЊА ИЛИ ОМЕТАЊА ЈАВНОГ СКУПА (чл. 76. КЗ Републике Србије)
CRIMINAL OFFENCE OF PREVENTING AND HAMPERING WITH PUBLIC MEETING

Summary/Abstract: One of the characteristics of the Criminal Law of the Republic of Serbia is the existence of special group of criminal offences against freedoms and rights of man and the citizen within whose framework art. 76 provides protection to one of the traditional political freedoms and rights. That right is closely coexistent with the freedom of thought and of choice. Thus the protection of the right to assemble in public makes possible to quite a degree also the realisation of the freedom of thought and freedom of expressing one’s choice. Protection of freedoms and rights has universal character, which is witnessed through the fact that mechanisms of protection are provided also through internal legal systems and within international conventions. Parallel to the process of inclusion of an ever wider list of freedoms and rights into national legal systems, there is a process relating to instruments and possibilities of international control of respecting human rights in individual states. The norm in art. 76 in fact provides wide protection of the freedom of public assembling. By specifying the perpetrator of the criminal offence, the law-maker has singled out (para. 2) officials as potential perpetrators. Severer penalty is provided for such persons in contrast to the perpetrator of the basic form of the offence. Further elaborated are statutory norms regulating some issues over convening and holding public meetings, since according to art. 76 the offence may exist if the action is aimed at "... a public meeting to which citizens are entitled on the ground of law". Some similarities and differences are elaborated by comparative law approach in the matter treated. The author suggests that this part of the norm should read as follows: "... a public meeting to which citizens are entitled on the ground of the constitution, and the one meeting the conditions prescribed by law".

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