Кривично законодавство Републике Србије и кривична дела учињена из мржње
Criminal Legislation Of The Republic Of Serbia And Hate Crimes

Summary/Abstract: As far as criminal legislation is concerned, from the terminological point of view regarding the hate crimes, we most often talk about hatred as aggravating circumstance when determining the sentence, in other words crimes are given special and more serious form if committed out of hatred. In criminology the term “hate crimes” is used and these crimes are on the daily agenda of researchers and criminology professors starting from 1980s. On this occasion, without discussing various definitions of this phenomenon, we shall analyze the provision of Article 54a “Special circumstances for determination of sentence for hate crime” of the Criminal Code of Serbia from legal-dogmatic point of view of criminal law, since according to this provision hatred becomes mandatory aggravating circumstance when determining the sentence. First, the author gives a brief review of the most relevant international sources for suppression of hate crimes. Taking a stand with regards to the new provision required also criminal-political estimation on the usefulness of the new incrimination in suppression of hate crimes, but also the consideration of certain legal issues based on which the author offered de lege ferenda suggestions for improving this provision.

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