ЈАВНО ПОДСТИЦАЊЕ НА ТЕРОРИЗАМ И ПРАКСА ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА
CRIMINAL OFFENSE OF PUBLIC INSTIGATION OF TERRORIST ACTS IN THE ERA OF HUMAN RIGHTS PROTECTION

Summary/Abstract: The Law on Amendments to the Criminal Code of the Republic of Serbia of December 2012 is characterized by widening of the scope of criminal- legal repression, particularly regarding the criminal offenses of terrorism. Observing the contemporary trends in comparative criminal law, we recognize a stage of hypertrophy of incriminations in the field of fight against terrorism. On the one hand, there is an increase in number of criminal acts of terrorism, and on the other hand, there are serious punishments provided for in accordance with the recommendations of the referent international sources. It is obvious that increased repression represents a consequence of escalation of terrorist acts all around the world. This is mostly reflected in criminal acts incriminated in Article 391a of the Criminal Code of the Republic of Serbia (Public instigation of terrorist acts). It is a criminal offence of endangerment which actually represents an early stage of criminalization. This is why a part of criminal- legal theory is critically approaching the said legislative reform, both in our country and in other countries where the criminal offence of public instigation of terrorist acts has been introduced. From the point of view of implementation of this provision in practice, the practice of the European Court of Human rights related to freedom of expression is of particular importance.

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