METODIKA OTKRIVANJA I DOKAZIVANJA KRIVIČNIH DELA SA ELEMENTOM ZLOČINA IZ MRŽNJE
METHODOLOGY OF DETECTING AND PROVING HATE CRIMES

Summary/Abstract: In the first part of this paper, the author explains the concept of legal institute of Hate Crime, and its definition in the Serbian Criminal Code. The author explains criminal matters concerning hate crimes, including: the prosecution of criminal acts with elements of hate crimes, the motive as a relevant specialty, circumstances regarding the sentencing, the responsibility of legal subjects, ex officio prosecution, facts and circumstances related to the hate crimes which must be described in the indictment, etc. The second part relates to criminal procedure in detecting and proving crimes of hate. The author points out that during the research of this issue. he noticed that there’s a big problem related to a late detection of hate-based crimes, as well as the problem of proving the prohibited initiative, and that despite that kind of problems, in criminalistics as a science, and literature which is used for education of police officers, prosecutors and judges, there’s no development or explanation of methodology of detecting and proving crimes of this kind, which would certainly contribute to solving this problem. Accordingly, the author of this paper tries to develop a methodology which would improve criminalistic procedures regarding detection and proving hate-based crimes. That could help police officers to timely identify prohibited motive in the form of prejudice against the victim of another race, religion, national or ethnic origin, the other sex, sexual orientation or gender identity. After the detection of one of a listed prohibited motive, that methodology could also improve quality of fixating the facts and providing evidences which prove that prohibited motive.

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