This page contains information on the concept, regulation, criminal acts referred as cybercrime and state authorities competent for the fight against cybercrime in Serbia
CYBER OR HIGH-TECH CRIME?
In Serbia, laws do not recognize the term cybercrime
Instead of cyber , the term 'hi-tech' is used
By ratifying the Council of Europe's Convention on Cybercrime - the legislator opted for this term
The Convention requires the signatory state to provide certain behaviors, which are covered by the term cybercrime, as criminal acts
Criminal acts in Serbia are prescribed in the Criminal Code (CC)
In terms of Convention on Cybercrime the following groups of acts should be criminalized:
- Offences against the confidentiality, integrity and availability of computer data and systems
- Computer-related offences
These acts are criminalized in Criminal Code as criminal acts against security of computer data
- Content-related offences (child pornography)
- Offences related to infringements of copyright and related rights
These acts are criminalized in Criminal Code as criminal acts in other chapters - among sexual offences and as criminal offences against intellectual property
However, the term of hi-tech crime is broader from cybercrime as regarded in Convention
The term of high-tech crime is defined in Law on the Organization and Competence of State Bodies for the Fight against High-Tech Crime (Art.2) as:
the commission of criminal acts in which computers, computer systems, computer networks, computer data, as well as their products in material or electronic form, are used as the object or means of committing criminal acts
The term 'hi-tech' is also used to denote special organizational units of state bodies that are formed for the purpose of detection, prosecution and trial for criminal offenses designated as hi-tech crimes - hence the Prosecutor's Office for Hi-Tech crime
Legislation
The laws that prescribe the criminal acts covered by the concept of high-tech crime and the laws that regulate the competence of state bodies are listed
- The Convention of the Council of Europe concluded on November 23, 2001 in Budapest is confirmed
- The Law contains the text of the Convention in English and a Serbian translation
- Serbia has undertaken to adopt the legislative and other measures necessary to fulfill the obligations established by this Convention - to foresee the criminal acts that the Convention recognizes as cybercrime, and to prescribe the powers and procedures for criminal prosecution and proceedings for acts covered by cybercrime and for the collection of electronic evidence, regardless of the crime, while respecting the conditions and limitations of human rights
- Serbia has fulfilled its obligations partially
- Additional Protocol to the Convention on High-Tech Crime, which refers to the incrimination of acts of a racist and xenophobic nature committed through computer systems is confirmed
- The Law contains the text of the Protocol in English and a Serbian translation
- Serbia has undertaken to adopt the legislative and other measures necessary to fulfill the obligations established by this convention - to foresee certain behaviors as a criminal offense
- Serbia has not fulfilled its obligations
- The Second Additional Protocol to the Convention on High-Tech Crime on Enhanced Cooperation and Discovery of Electronic Evidence, signed in Strasbourg on May 12, 2022, is confirmed
- It contains the text in English and a Serbian translation
- Serbia has undertaken to adopt the legislative and other measures necessary to fulfill the obligations established by this protocol
- Serbia has not fulfilled its obligations
- It prescribes criminal offenses and sanctions
- Does not use the term cybercrime or high-tech crime
- It determines the meaning of the terms: computer data, computer, computer system, computer network, computer program, computer virus (Article 112)
- These criminal acts, recognized by the Convention as cybercrime, are prescribed:
- Eight criminal offences against security of computer data (Chapter 27): Damaging Computer Data and Programs (Art. 298), Computer Sabotage (Art. 299), Creating and Introducing of Computer Viruses (Art. 300), Computer Fraud (Art. 301), Unauthorised Access to Computer, Computer Network or Electronic Data Processing (Art. 302), Preventing or Restricting Access to Public Computer Network (Art. 303), Unauthorised Use of Computer of Computer Network (Art. 304), Creating, Obtaining and Providing another Person with Means for the Committing Criminal Offences against the Security of Computer Data (Art. 304a)
- Two sexual offences (Chapter 18): Showing, Procuring and Possessing Pornographic Material and Minor Person Pornography (Art. 186), Abuse of Computer Networks or other Technical Means of Communication for Committing Criminal Offences against Sexual Freedom of the Minor (Art. 185b)
- Five criminal offences against intellectual property(Chapter 20): Violation of Moral Right of Author and Performer (Art. 198), Unauthorised Use of Copyrighted Work or other Work Protected by Similar Right (Art. 199), Unauthorised Removal or Altering of Electronic Information on Copyright and Similar Rights (Art. 200), Violation of Patent Rights (Art. 201), Unauthorised Use of Another’s Design (Art. 202)
- Defines 'hi-tech' crime
- Determines criminal acts for whose detection and prosecution, and trial of which this Law applies:
- Criminal offences against security of computer data
- Criminal offenses against intellectual property, property, economic interests and legal instruments, in which computers, computer systems, computer networks and computer data, as well as their products in material or electronic form, are the object or means of committing criminal acts, if the number of copies of copyrighted works exceeds 2,000 or the resulting material damage exceeds the amount of 1,000,000 dinars;
- Criminal offences against the freedoms and rights of man and citizen, sexual offences, offences against public peace and order, and against constitutional order and security of the Republic of Serbia, which due to the method of execution or the means used, could be considered as hi-tech crime
- Regulates the formation, organization, jurisdiction and powers of special organizational units of state bodies for the purpose of detection, prosecution and trial for criminal offenses determined as hi-tech crime
CRIMINAL OFFENCES
Criminal acts considered cybercrime in terms of the Convention
Other criminal acts under (possible) jurisdiction of the Prosecutor for Hi-Tech Crime
Criminal acts considered cybercrime in terms of the Convention
Criminal offences against security of computer data
Damaging Computer Data and Programs (Art. 298)
“(1) Ko neovlašćeno izbriše, izmeni, ošteti, prikrije ili na drugi način učini neupotrebljivim računarski podatak ili program,
shall be punished by fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article results in damages exceeding four hundred and fifty thousand dinars,
the offender shall be punished by imprisonment of three months to three years.
(3) If the offence specified in paragraph 1 of this Article results in damages exceeding one million five hundred thousand dinars,
the offender shall be punished by imprisonment of three months to five years.
(4) Uređaji i sredstva kojima je učinjeno krivično delo iz st. 1. i 2. ovog člana, ako su u svojini učinioca, oduzeće se.”
There is a basic form (paragraph 1) and two more severe forms (paragraphs 2 and 3) determined by the amount of damage caused
Anyone - any person who undertakes one of the alternatively specified actions
Unauthorized (without owner's consent)
- deletion
- alteration
- damaging
- concealment
- rendering computer data or programs otherwise unusable
Computer data, or program
- Computer data is every presenting of facts, information or concept in form that is suitable for its processing in computer system, including adequate computer program which is necessary for computer system functioning (Art. 112)
- A computer program is a regulated assembly of orders serving to control computer operation, as well as to solve a specific task by means of a computer (Art. 112)
If it is a copy of computer data or a program, it will not be about this offense (possibly the criminal offense of destruction and damage to another's property from Article 212 CC)
- Occurrence of damage - if the consequence were absent, it would be an attempt
- Computer data or a program is unusable - it can no longer be used - it is disabled from serving its purpose
- The damage includes not only the value of computer data and programs, but also the damage that is a consequence thereof
- If the damage caused exceeds a certain amount, it is a case of more severe forms: over 450,000 (paragraph 2) and over 1,500,000 (paragraph 3)
- Can only be done intentionally (not negligently)
- There must be awareness about taking actions without authorization
Intent and motives are irrelevant (may be relevant for sentencing)
- An attempt would exist if someone would undertake an action but no consequence would occur, i.e. the computer data or program would not become unusable
- The attempt is not punishable, except for the offense from para. 3 - the perpetrator is punished for the attempt with the penalty prescribed for the criminal offense, or with a reduced penalty
- fine or imprisonment up to one year - for the basic form
- imprisonment from three months to three years - if damage in the amount exceeding four hundred and fifty thousand dinars was caused
- imprisonment from three months to five years - if the damage in the amount exceeding one million and five hundred thousand dinars is caused
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Computer Sabotage (Art. 299)
“Ko unese, uništi, izbriše, izmeni, ošteti, prikrije ili na drugi način učini neupotrebljivim računarski podatak ili program ili uništi ili ošteti računar ili drugi uređaj za elektronsku obradu i prenos podataka sa namerom da onemogući ili znatno omete postupak elektronske obrade i prenosa podataka koji su od značaja za državne organe, javne službe, ustanove, preduzeća ili druge subjekte,
kazniće se zatvorom od šest meseci do pet godina.”
There is only one form
Anyone - any person who undertakes one of the alternatively specified actions with certain intention
There are two possible ways to comit a crime:
1)
- entry
- destruction
- deletion
- alteration
- damaging
- concealment, or
- otherwise rendering unusable
computer data or program
or
2)
- destruction, or
- damaging
of computer or other device for electronic data processing and transmission
This offense exists only if the said acts are undertaken with intention to prevent or significantly hinder the process of electronic processing and transmission of data that are of importance to state bodies, public services, institutions, companies or other subjects
It is necessary that the action is undertaken with that intention
- That intention does not have to be realized for the offence to exist
The object of the first possible act is computer data, or program:
- Computer data is every presenting of facts, information or concept in form that is suitable for its processing in computer system, including adequate computer program which is necessary for computer system functioning (Art. 112)
- A computer program is a regulated assembly of orders serving to control computer operation, as well as to solve a specific task by means of a computer (Art. 112)
The object of the second atc id computer or other device for electronic data processing and transmission
- A computer is every presenting of facts, information or concept in form that is suitable for its processing in computer system, including adequate computer program which is necessary for computer system functioning (Art. 112)
- Other device for electronic data processing and transmission is not specified in CC - these could be other devices that are not covered by the term computer or computer system
- Occurrence of damage - if the consequence were absent, it would be an attempt
- Consequence first act: rendering computer data or programs unusable neupotrebljivim
- Consequence second radnje: destruction or damage of computer or other device for electronic data processing and transmission
Can only be done intentionally (not negligently)
- In addition to premeditation, there must also be an intent of disabling or considerably interfering with the procedure of electronic processing and data transmission)
- The intention must also include the fact that it is about data that is important for state authorities, public services, institutions, companies or other entities
- If the perpetrator acted with such an intent, but it would not be about data that is important for state authorities, public services, institutions, companies or other entities, this criminal offense would not exist.
- If the perpetrator did not act with such intent, this criminal offense would not be involved
It is not necessary that the intention was realized for this crime to exist
- An attempt would exist if someone would undertake an action but no consequence would occur, i.e. the computer data or program would not become unusable, that is, the computer or other devices for electronic processing and data transmission would not be destroyed or damaged
- The attempt is punishable - the perpetrator is punished for the attempt with the penalty prescribed for the criminal offense, or with a reduced penalty
Imprisonment from six months to five years
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Creating and Introducing of Computer Viruses (Art. 300)
“(1) Ko napravi računarski virus u nameri njegovog unošenja u tuđ računar ili računarsku mrežu,
shall be punished by fine or imprisonment up to six months.
(2) Whoever introduces a computer virus into another’s computer or computer network thereby causing damage,
shall be punished by fine or imprisonment up to two years.
(3) Uređaj i sredstva kojima je učinjeno krivično delo iz st. 1. i 2. ovog člana oduzeće se.”
There are two basic forms (para. 1 and 2)
Anyone - any person who undertakes one of the alternatively specified actions
For the first form: creating a computer virus with the intention of introducing it into another's computer or computer network
- In order for a criminal offense to exist, the virus must be created with such intent, if it is not present at the time of creation - there is no criminal offense
For the second form: introducing a computer virus into someone else's computer or computer network, by which damage is caused (regardless of whether the virus was created by oneself or obtained in some other way)
- If the introduction of the virus did not cause damage - there is no crime
A computer virus is a computer program or some other group of orders entered into a computer or computer network designed to multiply itself and act on other programs or data in a computer or a computer network by adding that program or group of orders to one or more computer programs or data (Art. 112)
- There is a criminal offense only with regard to a virus, not other forms of malware
For the second form, the object of the action is someone else's computer or computer network:
- A computer is every presenting of facts, information or concept in form that is suitable for its processing in computer system, including adequate computer program which is necessary for computer system functioning (Art. 112)
- A computer network is an assembly of mutually interconnected computers, as well as computer systems, that communicate with each other by exchanging data (Art. 112)
- For the first form: the act is completed by someone creating a virus with the intention of introducing it into someone else's computer or network - for the existence of this form, it is not necessary that the virus was introduced or that the introduction caused damage - if the virus was introduced and thereby caused damage, it would be an another form
- For the second form: the consequence is the occurrence of damage: property or other damage (e.g. computer downtime) - if the consequence were absent, it would be an attempt
Can only be done intentionally (not negligently)
For the existence of the first basic form, it is necessary for the perpetrator to act with a certain intention: to introduce the created virus into another's computer or network
- The crime only exists if someone created the virus with the intention of introducing it into someone else's computer or network - if there is no such intention, there is no crime
- For a completed criminal act, that intention does not have to be realized
For the second form, intentions and motives are irrelevant (they may be important for sentencing)
- Just making a virus is an attempt that is punishable
- Introducing a virus into someone else's system without causing any damage is an unpunishable attempt
- fine or imprisonment for up to six months - for the first act
- fine or imprisonment for up to two years - for the second act
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Computer Fraud (Art. 301)
“(1) Ko unese netačan podatak, propusti unošenje tačnog podatka ili na drugi način prikrije ili lažno prikaže podatak i time utiče na rezultat elektronske obrade i prenosa podataka u nameri da sebi ili drugom pribavi protivpravnu imovinsku korist i time drugom prouzrokuje imovinsku štetu,
shall be punished by fine or imprisonment up to three years.
(2) If the offence specified in paragraph 1 of this Article results in acquiring material gain exceeding four hundred and fifty hundred thousand dinars,
the offender shall be punished by imprisonment of one to eight years.
(3) If the offence specified in paragraph 1 of this Article results in acquiring material gain exceeding one million five hundred thousand dinars,
the offender shall be punished by imprisonment of two to ten years.
(4) Whoever commits the offence specified in paragraph 1 of this Article from malicious mischief,
kazniće se novčanom kaznom ili zatvorom do šest meseci.”
There is a basic form (paragraph 1), two more severe forms determined by the amount of damage caused (paragraphs 2 and 3) and a lighter form determined by intent (paragraph 4)
Anyone - any person who undertakes one of the alternatively specified actions with certain intention
Several possible actions:
- entering incorrect data
- failure to enter correct data
- concealing the correct information otherwise
- false representation of data
In contrast to general fraud, this criminal offense does not require misleading
The act is carried out with a specific intent - if there is no such intention, there is no crime
An electronic data processing and transmission
An altered result of electronic processing and data transfer: such a result would not have occurred if the criminal offense had not been committed - if the consequence were absent, it would be an attempt
Can only be done intentionally (not negligently)
- For the basic and more serious forms, there must be the intent of the perpetrator to obtain an illegal financial benefit for himself or another and thereby cause material damage to another - the intention to obtain an illegal benefit is not sufficient, but the intention must also include the intention to cause damage to another (if this other intention would absent, it could be a general part of fraud, if all the elements were fulfilled - first of all, misleading)
- If the act is committed only with the intention of harming another - it is a lighter form of this crime
- If there is no intention at the time of the action, this criminal offense does not exist
- For a completed criminal act, that intention does not have to be realized
- An attempt would exist if an action was taken and there were no consequences, i.e. the result of electronic processing and data transmission would not be affected
- The attempt is not punishable, except for the offense from para. 2 and 3 - the perpetrator is punished for the attempt with the penalty prescribed for the criminal offense, or with a reduced penalty
- fine or imprisonment for up to three years - for the basic form
- imprisonment from one to eight years - if a property benefit exceeding the amount of four hundred and fifty thousand dinars was obtained in part
- imprisonment from two to ten years - if the property benefit exceeding the amount of one million and five hundred thousand dinars was acquired
- a fine or imprisonment for up to six months - if the act was committed only with the intention of harming others
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Unauthorised Access to Computer, Computer Network or Electronic Data Processing (Art. 302)
“(1) Ko se, kršeći mere zaštite, neovlašćeno uključi u računar ili računarsku mrežu, ili neovlašćeno pristupi elektronskoj obradi podataka,
shall be punished by fine or imprisonment up to six months.
(2) Whoever records or uses data obtained in manner provided under paragraph 1 of this Article,
shall be punished by fine or imprisonment up to two years.
(3) If the offence specified in paragraph 1 of this Article results in hold-up or serious malfunction in electronic processing and transfer of data or of the network, or other grave consequences have resulted,
učinilac će se kazniti zatvorom do tri godine.”
There is a basic form (paragraph 1) and two more severe forms (paragraphs 2 and 3) determined by the consequences
Anyone - any person who undertakes one of the alternatively specified actions
The act of the first form:
Unauthorized (without owner's consent/knowledge)
- connecting/entering a computer or computer network, or
- access to electronic data processing
with violation of security measures (which prevent unauthorized access)
The act of first severe form:
- recording, or
- use of
data obtained by unauthorized access to a computer, network or electronic data processing - it is not important how and for what purpose it was used (it may be important for sentencing)
The act of second severe form: same as with the basic form, with grave consequences
- For basic and the second severe form: protected computer, computer network or electronic data processing
- For the existence of a crime, the object of the act must be protected by measures that prevent unauthorized access
- For the first severe form: data obtained by unauthorized access
A computer is every presenting of facts, information or concept in form that is suitable for its processing in computer system, including adequate computer program which is necessary for computer system functioning (Art. 112)
A computer network is an assembly of mutually interconnected computers, as well as computer systems, that communicate with each other by exchanging data (Art. 112)
- For the basic form: the act is completed by someone accessing a protected computer, network or electronic data processing without authorization, by violating security measures - no further consequences occur for the existence of this form - it is enough to gain access, and it is not required that the perpetrator has changed or collected any of the data, nor that he has taken further steps in the devices, network or data processing
- The first sever form exists if the data obtained through unauthorized access was recorded or used - if this were absent, it would be the basic form
- If serious consequences would occur (stoppage or serious disruption of the functioning of electronic processing and data transmission or network or other serious consequences) - it would be a second sever form (para. 3)
- Can only be done intentionally (not negligently)
- There must be awareness about taking actions without authorization
Intent and motives are irrelevant (may be relevant for sentencing)
- The offense was completed by unauthorized access to a protected computer, network or electronic data processing
- Unsuccessful attempts to gain unauthorized access are not punishable
- If there were no recording or use of the obtained data, or severe consequences, it would not be an attempt at more difficult forms, but a basic form
fine or imprisonment for up to six months - for the basic act
fine or imprisonment for up to two years - for the first severe form
imprisonment for up to three years - for the second severe form
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Preventing or Restricting Access to Public Computer Network (Art. 303)
“(1) Ko neovlašćeno sprečava ili ometa pristup javnoj računarskoj mreži,
shall be punished by fine or imprisonment up to one year.
(2) If the offence specified in paragraph 1 of this Article is committed by an official in discharge of duty,
kazniće se zatvorom do tri godine.”
There is a basic form (paragraph 1) and a more difficult form determined by the perpetrator (paragraph 2)
- Anyone - any person who undertakes one of the alternatively specified actions
- An official as a perpetrator - this is a more serious form of criminal offense - but only if the official undertakes an action in the performance of duties and does so without authorization (it is possible for the official to be authorized to undertake these actions)
Unauthorized (without owner's consent/knowledge)
- prevention, or
- hindering of
access to a public computer network
- Public computer network - this offense does not exist if the action is taken in relation to private networks
- A computer network is an assembly of mutually interconnected computers, as well as computer systems, that communicate with each other by exchanging data (Art. 112)
- Access to the public network is prevented - the user cannot access it
- Access to the public network is obstructed - the user has difficulty accessing the network
- Can only be done intentionally (not negligently)
- There must be awareness about taking actions without authorization
- The act is completed by unauthorized interference or preventing access to the network
- If there were no consequence, there would be an attempt that is not punishable
- fine or imprisonment up to one year - for the basic form
- imprisonment for up to three years - for the severe form
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Unauthorised Use of Computer of Computer Network (Art. 304)
“(1) Ko neovlašćeno koristi računarske usluge ili računarsku mrežu u nameri da sebi ili drugom pribavi protivpravnu imovinsku korist,
kazniće se novčanom kaznom ili zatvorom do tri meseca.
(2) Gonjenje za delo iz stava 1. ovog člana preduzima se po privatnoj tužbi.”
There is only one form
Anyone - any person who undertakes one of the alternatively specified actions with certain intention
- Unauthorized (without knowledge and consent) use of a computer service or computer network with specific intention
- In the event that the perpetrator repeatedly uses computer services or the network without authorization, there is only one criminal offense
Computer services or a computer network that the perpetrator is not authorized to use
- Computer services are not specified in CC
- A computer network is an assembly of mutually interconnected computers, as well as computer systems, that communicate with each other by exchanging data (Art. 112)
The offense is completed by someone using computer services or a computer network without authorization with a specific intention
- Can only be done intentionally (not negligently)
- There must be awareness about taking actions without authorization
- The perpetrator undertakes the action with the intention of obtaining an illegal property benefit for himself or another
- If there is no such intention, this is not a criminal act
- For the existence of a work, it is not necessary for the intention to be realized
- The work was completed by unauthorized use of a computer service or network
- Unsuccessful attempts are not punishable
A fine or imprisonment of up to three months
- This crime is being prosecuted in a private lawsuit
- It is not within the competence of the public prosecutor, but the injured party submits a private criminal complaint to the basic court, according to the rules on determining the local competent court
- How and to whom to file a criminal complaint?
Creating, Obtaining and Providing another Person with Means for the Committing Criminal Offences against the Security of Computer Data (Art. 304 a)
“(1) Ko proizvodi, prodaje, nabavlja radi upotrebe, uvozi, distribuira i na drugi način stavlja na raspolaganje:
1) Devices and computer programmes designed or primarily for the purpose of committing an offence specified in Articles 298 through 303 of this Code;
2) Computer codes or similar data through which access can be gained to a computer system as a whole or to a part thereof with the intention of using it in committing an offence specified in Articles 298 through 303 of this Code;
shall be punished with imprisonment of six months to three years.
(2) Whoever possesses any of the means specified in paragraph 1 of this Article, with the intention of using them for the purpose of committing an offence specified in Articles 298 through 303 of this Code
shall be punished by fine or imprisonment up to one year.
(3) Predmeti iz st. 1. i 2. ovog člana oduzeće se.”
There is a basic form (paragraph 1) and a lighter form (paragraph 2)
Anyone - any person who undertakes one of the alternatively specified actions
The act of the first form:
- production
- sale
- acquisition for use
- import
- distribution
- making available in another way
means for committing one of the criminal offenses against the security of computer systems (with the exception of the criminal offense of unauthorized use of a computer or computer service)
Action lighter form: possession of these means with the intention of using them
Means of committing one of the criminal offenses against the security of computer systems (with the exception of the criminal offense of unauthorized use of a computer or computer service):
- Devices and computer programmes designed or primarily for the purpose of committing an offence
- 2) Computer codes or similar data through which access can be gained to a computer system as a whole or to a part thereof with the intention of using it in committing an offence
- The act is completed by undertaking one of the listed actions
- The existence of this criminal offense does not require the occurrence of any consequence
Can only be done intentionally (not negligently)
For the lighter form, there needs to be a certain intention
- For the basic form, intentions and motives are irrelevant (they may be important for sentencing)
- For the lighter form, there must be an intent to use the meansfor the purpose of committing criminal offenses against computer security ( with the exception of the criminal offense of unauthorized use of a computer or computer service)
- For the existence of the lighter form, it is not necessary for the intention to be realized
- If a person possesses these means, but without the intention of using them to commit the aforementioned crimes, this criminal offense does not exist
- The act is completed by undertaking one of the listed actions
- An attempt is not punishable
- fine or imprisonment for up to three years - for the basic form
- fine or imprisonment up to one year - for the lighter form
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Sexual offences
Showing, Procuring and Possessing Pornographic Material and Minor Person Pornography (Art. 185)
“1) Ko maloletniku proda, prikaže ili javnim izlaganjem ili na drugi način učini dostupnim tekstove, slike, audio-vizuelne ili druge predmete pornografske sadržine ili mu prikaže pornografsku predstavu,
shall be punished by fine or imprisonment up to six months.
(2) Whoever uses a minor to produce photographs, audio-visual or other items of pornographic content or for a pornographic show,
shall be punished with imprisonment of six months to five years.
(3) If the act specified in paragraph 1 and 2 of this Article is committed against child,
the offender shall be punished for the act specified in paragraph 1 with imprisonment of six months to three years, and for the act specified in paragraph 2 with imprisonment of one to eight years.
(4) Whoever procures for himself or another and possesses, sells, shows, publicly exhibits or electronically or otherwise makes available pictures, audio-visual or other items of pornographic content resulting from abuse of minor person
shall be punished with imprisonment of three months to three years
(5) Whoever uses the means of information technologies to deliberately access the photographs, audio-visual or other items of pornographic content resulting from the abuse of a minor
shall be punished by fine or imprisonment up to six months.
(6) The items of pornographic content resulting from the abuse of a minor (child pornography) shall be considered to include each material that is visually representing a minor involved in actual or simulated sexually explicit behaviour, as well as each instance of displaying of a child’s genitals for sexual purposes.
(7) Predmeti iz st. 1. do 4. ovog člana oduzeće se.”
There are two basic forms (para. 1 and 2), two severe forms determined by the passive subject (victim) (para. 3) and two special forms (para. 4 and 5)
- A child is a person under fourteen years of age
- A minor is a person over fourteen years of age but who has not attained eighteen years of age
- A juvenile is a person who has not attained eighteen years of age
- Determined in para. 6
- These are objects of pornographic content that were created by the exploitation of a juvenile (a person under the age of 18)
- For a child (a person under the age of 14), the element of exploitation exists in every case
- For a minor (a person aged 14 to 18), the element of exploitation does not exist in the event that the object is acquired or possessed for personal purposes, with the consent of the minor
Child pornography is defined as
- any material that visually depicts a juvenile (a person under the age of 18) engaging in real or simulated sexually explicit behavior, as well as
- any depiction of sexual organs of a child (persons under the age of 14) in sexual purposes
Pornography contains the explicit depiction of sexual behavior (of a a minor) or sexual organ (of a child) with the aim of arousing and encouraging the sexual urge
Anyone
Act of the first basic form (paragraph 1) – making child pornography available:
- selling
- presentation
- public display, or
- making available by other means
to a minor (a person aged 14 to 18)
- texts
- pictures
- audio-visual
- other objects with pornographic content
- pornographic performances
Act of the second basic form (para. 2) – exploitation of minors (persons aged 14 to 18) for production of child pornography:
- pictures
- audio-visual
- other objects with pornographic content
- pornographic performances
Exploitation of minors exists if there is some kind of abuse - if it is undertaken without the consent and against the will of the minor - not if they would agree - or if it is done as an abuse of trust or a relationship of dependence
Act of severe forms are actually acts from para. 1 and 2 made to a child (paragraph 3). Therefore, more severe forms exist if:
- child pornography is made available to a child
- a child is exploited for the production of child pornography
Iskorišćavanje deteta postoji u svakom slučaju, bez obzira na “saglasnost”, “volju” ili “pristanak” deteta – KZ uzima da lice mlađe od 14 godina nije dostiglo dovoljan nivo psihofizičke razvijenosti da iskaže potrebnu volju ili saglasnost
The first special form refers to the possession and distribution of child pornography resulting from the execution of crimes from para. 1-3 (para. 4):
- obtaining for oneself or another
- possession
- sale
- displaying
- public display, or
- making available electronically or otherwise
Objects of pornographic content must be created by exploiting a juvenile:
- for minors it is about objects that were created by misuse, or against the will/consent of the person
- if someone possessed objects with pornographic content, which were created with the consent of minors, this criminal offense would not exist
- za dete je uslov iskorišćavanja uvek ispunjen – bez obzira na “volju”, “pristanak” ili “saglasnost”
This form cannot be performed by a person who has previously committed the act from para. 2 and 3 (used by a minor/child for the production of child pornography) – this would be a subsequent non-punishable offense
The second special form refers to knowingly accessing child pornography by means of information technologies
For this form as well, the objects of pornographic content were created by exploiting a juvenile:
- for minors it is about objects that were created by misuse, or against the will/consent of the person
- if someone possessed objects with pornographic content, which were created with the consent of minors, this criminal offense would not exist
- za dete je uslov iskorišćavanja uvek ispunjen – bez obzira na “volju”, “pristanak” ili “saglasnost”
- A minor (14-18 years) - for acts in para. 1 and 2
- A child (<14 years) - for acts in para. 3
- A juvenile (<18 years) - for acts in para. 4 and 5
The act is completed by undertaking one of the listed actions
Can only be done intentionally (not negligently)
- The act is completed by undertaking one of the listed actions
- An attempt might exist if the exploitation of a minor or a child for the production of child pornography was started but not completed (para. 2 and 3)
- An attempt in those cases would be punishable
- The perpetrator is punished for the attempt with the penalty prescribed for the criminal offense, or with a reduced penalty
- fine or imprisonment of up to six months - for making child pornography accessible to a minor (para. 1)
- imprisonment from six months to three years - for making child pornography accessible to a child (para. 3)
- imprisonment from six months to five years - for exploiting minors for the production of child pornography (para. 2)
- imprisonment from one to eight years - for exploiting a child for the production of child pornography (par. 3)
- imprisonment from three months to three years - for possession and dissemination of child pornography (para. 4)
- fine or imprisonment of up to six months - for knowingly accessing child pornography with the help of information technologies (para. 5)
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Abuse of Computer Networks or other Technical Means of Communication for Committing Criminal Offences against Sexual Freedom of the Minor (Art.185b)
“(1) Ko u nameri izvršenja krivičnog dela iz čl. 178. stav 4, 179. stav 3, 180. st. 1. i 2, 181. st. 2. i 3, 182. stav 1, 183. stav 2, 184. stav 3, 185. stav 2. i 185a ovog zakonika, koristeći računarsku mrežu ili komunikaciju drugim tehničkim sredstvima dogovori sa maloletnikom sastanak i pojavi se na dogovorenom mestu radi sastanka,
pears on the place of the appointment, shall be punished with imprisonment of six months to five years and with fine.
(2) Whoever commits criminal offence specified in paragraph 1 of this Article against the child,
kazniće se zatvorom od jedne do osam godina.”
There is a basic form (para.1) and a more difficult form determined by the passive subject (victim) (para. 2)
Anyone - any person who undertakes specified actions with certain intention
The action is the same for the basic form (towards a minor) and the severe form (towards a child)
Act is determined cumulatively:
- Arranging a meeting with a minor, i.e. a child, and
- Appearing at the agreed place for the meeting
The meeting is arranged using a computer network or communication by other technical means (not orally)
Nije dovoljno samo da se dogovori sastanak, nego i da se lice pojavi na sastanku
The meeting is arranged and the person appears at the agreed place with a certain intention
- a minor (14-18y) - for basic form
- a child (<14y) - for severe form
The crime is completed when the perpetrator arranged a meeting with a juvenile and appeared at the agreed place for a meeting with a specific intention (to commit a certain sexual offense)
Can only be done intentionally (not negligently)
The perpetrator arranges and appears at the meeting with the intention of committing one of the following sexual offences:
- rape of a child
- sexual intercourse with a helpless child
- sexual intercourse with a child
- sexual intercourse through abuse of oosition - if the perpetrator is a teacher, educator, guardian, adoptive parent, parent, stepfather, stepmother or other person who, by abusing his position or authority, commits abuse or an act equivalent to it with a minor entrusted to him for learning, education, care or this act is performed on the child
- prohibited sexual acts
- pimping and procuring of a minor
- mediation in prostitution of a minor
- exploiting minors for the production of child pornography
- inducing a child to attend sexual acts
If there is no such intention, this is not a criminal act
For the existence of a work, it is not necessary for the intention to be realized
- The act is completed when both actions are taken cumulatively: agreement and appearance with the intent
- If a person were to arrange a meeting with a specific intention, but would not appear at the meeting, there would be an attempt, which is punishable
- The perpetrator is punished for the attempt with the penalty prescribed for the criminal offense, or with a reduced penalty
- imprisonment of six months to five years and fine
- imprisonment from one to eight years - if committed against a child
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken
- How and to whom to file a criminal complaint?
Criminal offences against intellectual property
Violation of Moral Right of Author and Performer (Art.198)
“(1) Ko pod svojim imenom ili imenom drugog u celini ili delimično objavi, stavi u promet primerke tuđeg autorskog dela ili interpretacije, ili na drugi način javno saopšti tuđe autorsko delo ili interpretaciju,
shall be punished by fine or imprisonment up to three years.
(2) Whoever without the author’s permission alters or adapts another’s copyrighted work or alters another’s recorded performance,
shall be punished by fine or imprisonment up to one year.
(3) Whoever puts into circulation copies of another's copyrighted work or performance in a manner insulting the honour and reputation of the author or performer,
shall be punished by fine or imprisonment up to six months.
(4) Things referred to under paragraphs 1 through 3 of this Article shall be seized.
(5) Gonjenje za delo iz stava 2. ovog člana preduzima se po predlogu, a za delo iz stava 3. ovog člana po privatnoj tužbi.”
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the number of copies of author's works exceeds 2,000 or the resulting material damage exceeds the amount of 1,000,000 dinars
There are three basic forms
Anyone
The act of the first form is alternatively defined as:
- publishinig
- putting into circulation, or
- public communication in another way of
of another's author's work or interpretation, in whole or in part
The perpetrator does it under his or someone else's name
The action of the second form is alternatively defined as:
- alteration, or
- adaptation
of another's author's work or interpretation
The perpetrator does it without permission from the author
The act of the third form is putting into circulation copies of someone else's author's work or interpretation in a manner that insults the honor or reputation of the author or performer
Author's work, in the sense of Act on copyright and related rights, is the original spiritual creation of the author, expressed in a certain form, regardless of his artistic, scientific or other value, its purpose, size, content and manner of manifestation, as well as the permissibility of public communication of its content, and in particular:
- written works (books, brochures, articles, translations, computer programs with accompanying technical and user documentation in any form of their expression, including preparatory material for their creation, etc.);
- spoken works (lectures, speeches, sermons, etc.);
- dramatic, dramatic-musical, choreographic and pantomime works, as well as works originating from folklore;
- musical works, with or without words;
- film works (cinematic and television works);
- works of fine art (paintings, drawings, sketches, graphics, sculptures, etc.);
- works of architecture, applied art and industrial design;
- cartographic works (geographical and topographical maps);
- plans, sketches, models and photographs;
- theater direction;
collection, which considering the selection and arrangement of the constituent parts (encyclopedia, collection, anthology, selected works, music collection, photo collection, graphic map, exhibition, etc.) - under the conditions of Art. 2;
collection of folk literary and artistic creations, as well as a collection of documents, court decisions and similar materials - under the conditions of art. 2;
- database - under the conditions of Art. 2;
- processing of the author's work - under the conditions of art. 2.
Interpretation, in the sense of Act on copyright and related rights, is a spiritual good that arises from the personal engagement of the interpreter during audio, i.e. visual or audio-visual communication author's work.
Violation of moral right of author and performer
- paternity rights (to be recognized as an author/performer);
- naming rights
- publishing rights
- right to protection of integrity
- right to oppose indecent exploitation of the work
Moral rights are understood in the sense of Act on copyright and related rights
Can only be done intentionally (not negligently)
The act is completed when the perpetrator has taken the action
- fine or imprisonment for up to three years - for communication
- fine or imprisonment up to one year - for the unauthorized alteration
- a fine or imprisonment for up to six months - for placing on the market in a way that insults honor and reputation
For the communication from para. 1 and for unauthorized modification/processing from 2 - prosecution is undertaken by official duty:
- Criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken, with regard to the means of execution or the object of the action, if the conditions from *Note are met
- Otherwise, the basic public prosecutor would be competent, according to the rules on determining the local competent court;
- Additional condition for unauthorized alteration/adaptation from para. 2, in order for the public prosecutor to prosecute, the approval of the injured author/interpreter is required
- How and to whom to file a criminal complaint?
For placing on the market in a way that insults honor and reputation from para. 3 - prosecution is undertaken by private action:
- the public prosecutor is not competent and no criminal charges are filed
- the injured party submits a private criminal action to the basic court, according to the rules on determining the local competent court
- How and to whom to file a private action?
Unauthorised Use of Copyrighted Work or other Work Protected by Similar Right (Art. 199)
“(1) Ko neovlašćeno objavi, snimi, umnoži, ili na drugi način javno saopšti u celini ili delimično autorsko delo, interpretaciju, fonogram, videogram, emisiju, računarski program ili bazu podataka,
shall be punished with imprisonment of up to three years.
(2) The punishment specified in paragraph 1 of this Article shall also be imposed on a person who puts into circulation or with intent to put into circulation keeps illegally multiplied or illegally put into circulation copies of copyrighted work, performance, phonogram, videogram, show, computer programme or database.
(3) If the offence referred to in paragraphs 1 and 2 of this Article was committed with intent to acquire material gain for oneself or another,
the offender shall be punished with imprisonment of six months to five years.
(4) Whoever produces, imports, puts into circulation, sells, rents, advertises for sale or renting, or keeps for commercial purposes, equipment and devices whose basic or prevailing purpose is to remove, bypass or forestall technological measures intended for prevention of violation of copyright and other similar rights, or who uses such equipment or devices with an aim to violate copyright or other similar right,
shall be punished with a fine or imprisonment of up to three years.
(5) Predmeti iz st. 1. do 4. ovog člana oduzeće se i uništiti.”
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the number of copies of author's works exceeds 2,000 or the resulting material damage exceeds the amount of 1,000,000 dinars
There are two basic forms (para. 1 and 2), one severe form determined by intention (para. 3) and one special form (para. 4)
Anyone - any person who undertakes one of the alternatively specified actions with certain intention
The action of the first basic form (para. 1) is alternatively defined as:
unauthorized
- publishinig
- recording
- multiplication
- public communication in another way of
whole or part of an author's work, performance, phonogram, videogram, broadcast, computer program or database
The act of the second basic form (para. 2) is alternatively defined as:
- putting into circulation, or
- possession of unauthorized copies or unauthorized circulation of copies with the intention of circulation
The action of the severe form (para. 3) is the same as para. 1 and 2, provided that it is undertaken with the intention of obtaining material benefit for oneself or another
The act of special form (para. 4) is alternatively defined as:
- production
- import
- placing on the market
- selling
- renting
- advertising for the purpose of sale or lease
- držanje u komercijalne svrhe, ili
- use for the purpose of infringing copyright or related rights
devices or means whose primary or predominant purpose is the removal, circumvention or thwarting of technological measures intended to prevent infringements of copyright and related rights
Author's work, in the sense of Act on copyright and related rights, is the original spiritual creation of the author, expressed in a certain form, regardless of his artistic, scientific or other value, its purpose, size, content and manner of manifestation, as well as the permissibility of public communication of its content, and in particular:
- written works (books, brochures, articles, translations, computer programs with accompanying technical and user documentation in any form of their expression, including preparatory material for their creation, etc.);
- spoken works (lectures, speeches, sermons, etc.);
- dramatic, dramatic-musical, choreographic and pantomime works, as well as works originating from folklore;
- musical works, with or without words;
- film works (cinematic and television works);
- works of fine art (paintings, drawings, sketches, graphics, sculptures, etc.);
- works of architecture, applied art and industrial design;
- cartographic works (geographical and topographical maps);
- plans, sketches, models and photographs;
- theater direction;
collection, which considering the selection and arrangement of the constituent parts (encyclopedia, collection, anthology, selected works, music collection, photo collection, graphic map, exhibition, etc.) - under the conditions of Art. 2;
collection of folk literary and artistic creations, as well as a collection of documents, court decisions and similar materials - under the conditions of art. 2;
- database - under the conditions of Art. 2;
- processing of the author's work - under the conditions of art. 2.
Interpretation, in the sense of Act on copyright and related rights, is a spiritual good that arises from the personal engagement of the interpreter during audio, i.e. visual or audio-visual communication author's work.
Phonogram, in the sense of Act on copyright and related rights, is a sound recording, or a series of sounds on a sound carrier.
Videogram, in the sense of Act on copyright and related rights, is a recording of a film piece as well as a certain sequence of moving images with or without accompanying sound on the image carrier , i.e. image and sound carrier.
Emission, in the sense of Act on copyright and related rights, is audio, visual, or audio-visual content converted into an electric, electromagnetic or other signal which is broadcasted to inform the public.
Computer program, in the sense of Act on copyright and related rights, represents an author's work.
Database, in the sense of Act on copyright and related rights, is a collection of separate data, author's works or other materials arranged in a systematic or methodical manner, which are individually available electronically or otherwise.
Violation of property rights of authors, performers, producers of phonograms, producers of videograms, producers of broadcasts, producers of computer programs or databases:
- recording and communication rights
- rights of public communication
Property rights are understood in terms of Act on copyright and related rights
Can only be done intentionally (not negligently)
The intention is relevant in the act of holding unauthorized reproduction or unauthorized distribution of copies of the author's work
- it is necessary that the perpetrator keeps such copies with the intention of putting them into circulation
- if there is no such intention, this form of crime is not involved
- for the existence of this form it is not necessary that this intention be realized
The intention renders an act from para. 1 and 2. more severe:
- if the action from para. 1 or 2 is done with the intention of obtaining illegal benefit for oneself or another - there will be an act from para. 3
- for the existence of this form it is not necessary that this intention be realized
- The act is completed when both actions are taken cumulatively: agreement and appearance with the intent
- If a person were to arrange a meeting with a specific intention, but would not appear at the meeting, there would be an attempt, which is punishable
- The perpetrator is punished for the attempt with the penalty prescribed for the criminal offense, or with a reduced penalty
- imprisonment for up to three years - for the offense from para. 1 and 2
- imprisonment from six months to five years - for the more severe form of the offense from para. 1 and 2
- a fine or a prison sentence of up to three years - for a special form
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime would be competent, regardless of where the action was taken, if the conditions from *Note were met - otherwise, the basic public prosecutor would be competent, according to the rules on determining the local competent court
- How and to whom to file a criminal complaint?
Unauthorised Removal or Altering of Electronic Information on Copyright and Similar Rights (Art.200)
“(1) Ko neovlašćeno ukloni ili izmeni elektronsku informaciju o autorskom ili srodnom pravu, ili stavi u promet, uveze, izveze, emituje ili na drugi način javno saopšti autorsko delo ili predmet srodnopravne zaštite sa kojeg je elektronska informacija o pravima neovlašćeno uklonjena ili izmenjena,
kazniće se novčanom kaznom i zatvorom do tri godine.
(2) Predmeti iz stava 1. oduzeće se i uništiti.”
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the number of copies of author's works exceeds 2,000 or the resulting material damage exceeds the amount of 1,000,000 dinars
There is only one form
Anyone
Two forms:
1.
Unauthorized
- removal, or
- alteration
electronic information about copyright and related rights,
2.
- placing on the market
- import
- export
- broadcasting, or
- public communication in another way of
author's work or object of related legal protection from which the electronic rights information was unauthorizedly removed or modified
Electronic information on copyright
Removal or alteration of electronic copyright and related rights information
Can only be done intentionally (not negligently)
- Theactis completed when one of the alternatively specified actions has been taken by which the electronic copyright information or the related rights has been removed or changed
- An attempt could exist, but it would not be punishable
Cumulative fine and imprisonment for up to three years
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken, with regard to the means of execution or the object of the action, if the conditions from *Note are met
- Otherwise, the basic public prosecutor would be competent, according to the rules on determining the local competent court;
- How and to whom to file a criminal complaint?
Violation of Patent Rights (Art. 201)
“1) Ko neovlašćeno proizvodi, uvozi, izvozi, nudi radi stavljanja u promet, stavlja u promet, skladišti ili koristi u privrednom prometu proizvod ili postupak zaštićen patentom,
shall be punished by fine or imprisonment up to three years.
(2) If the offence referred to in paragraph 1 results in material gain or damage in an amount exceeding one million dinars,
the offender shall be punished by imprisonment of one to eight years.
(3) Whoever without permission publishes or otherwise presents in public the essence of another’s patent that has been applied for, before such patent is published in the manner set out by law,
shall be punished by fine or imprisonment up to two years.
(4) Whoever without permission applies for a patent or fails to give or gives incorrect name of inventor in the application,
shall be punished with imprisonment of six months to five years.
(5) Predmeti iz st. 1. i 2. oduzeće se i uništiti.”
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the number of copies of author's works exceeds 2,000 or the resulting material damage exceeds the amount of 1,000,000 dinars
There are three basic forms (para. 1, 3 and 4) and one more severe form determined by the amount of benefit obtained or damage caused (para. 2)
Anyone - any person who undertakes one of the alternatively specified actions
The act of the first basic form (para. 1) is alternatively defined as:
Unauthorized
- production
- import
- export
- offering for sale
- placing on the market
- storage, or
- use in commercial traffic of
a product or process that is protected by a patent
The sct of severe form (para. 2) is determined the same as in para. 1, with the fact that by undertaking it a property benefit was acquired, or damage was caused in an amount that exceeds one million dinars
The act of the second basic form (para. 3) is alternatively defined as:
Unauthorized
- publishinig, or
- making available otherwise of
the essence of someone else's reported invention before this invention was published in the manner established by law
The act of the third basic form (paragraph 4) is alternatively defined as:
- unauthorized filing of a patent application, or
- failure to cite or falsely cite the inventor in the application
Invention in the sense in the sense Patent Act
The inventor's moral, i.e., property rights, in terms of Patent Act.
- to be specified in that capacity in the application for the protection of the invention, files, registers, documents and publications about his invention in the manner determined by law (moral rights);
- to enjoy economic benefits from his reported invention, i.e. from an invention protected by a patent or small patent (property right).
Can only be done intentionally (not negligently)
- The act is completed when one of the alternatively determined actions is taken
- The attempt would be punishable for the more severe form from para. 2, as well as for the offense under para. 4
- The perpetrator is punished for the attempt with the penalty prescribed for the criminal offense, or with a reduced penalty
- a fine or a prison sentence of up to three years - for act in para. 1
- imprisonment from one to eight years - for the more severe form
- fine or imprisonment for up to two years - for para. 3
- imprisonment from six months to five years - for the offense from para. 4
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken, with regard to the means of execution or the object of the action, if the conditions from *Note are met
- Otherwise, the basic public prosecutor would be competent, according to the rules on determining the local competent court;
- How and to whom to file a criminal complaint?
Unauthorised Use of Another’s Design (Art. 202)
“(1) Ko na svom proizvodu u prometu neovlašćeno upotrebi, u celosti ili delimično, tuđi prijavljeni, odnosno zaštićeni dizajn proizvoda,
shall be punished by fine or imprisonment up to three years.
(2) Whoever without authorisation publishes or otherwise presents in public the essence of another’s design before it has been published in the manner set out by law, shall be punished with a fine or imprisonment of up to one year.
shall be punished by fine or imprisonment up to one year.
(3) Proizvodi iz stava 1. ovog člana oduzeće se.”
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the number of copies of author's works exceeds 2,000 or the resulting material damage exceeds the amount of 1,000,000 dinars
There are two basic forms (para. 1 and 2)
Anyone - any person who undertakes one of the alternatively specified actions
The act of the first basic form (para. 1) is the unauthorized use, on one's product in circulation, of someone else's registered or protected product design, in whole or in part
The act of the second basic form (para. 2) is alternatively defined as:
Unauthorized
- publishinig, or
- making publicly available otherwise of
subject of the application of someone else's design, before it was published in the manner established by law
Reported or published designs in terms of Act on Legal Protection of Industrial Design
Violation of design rights in terms of Law on Legal Protection of Industrial Design
Can only be done intentionally (not negligently)
- The act is completed when one of the alternatively determined actions is taken
- The attempt would not be punishable
- a fine or a prison sentence of up to three years - for act in para. 1
- fine or imprisonment up to one year - for act in para. 2
- Prosecuted ex officio – criminal charges are filed with the competent public prosecutor
- The Prosecutor for Hi-Tech Crime is competent, regardless of where the action was taken, with regard to the means of execution or the object of the action, if the conditions from *Note are met
- Otherwise, the basic public prosecutor would be competent, according to the rules on determining the local competent court;
- How and to whom to file a criminal complaint?
Other criminal acts under (possible) jurisdiction of the Prosecutor for Hi-Tech Crime
Criminal offences against property
Extortion (Art. 214)
“(1) Ko u nameri da sebi ili drugom pribavi protivpravnu imovinsku korist, silom ili pretnjom prinudi drugog da nešto učini ili ne učini na štetu svoje ili tuđe imovine,
kazniće se zatvorom od jedne do osam godina.
(2) If by the offence specified in paragraph 1 of this Article material gain exceeding four hundred and fifty thousand dinars is acquired, the offender shall be punished with imprisonment of two to ten years.
(3) If by the offence specified in paragraph 1 of this Article material gain exceeding one million five hundred thousand dinars is acquired, the offender shall be punished with imprisonment of three to twelve years.
(4) Whoever engages habitually in offences specified in paragraphs 1 to 3 of this Article, or if the offence is committed by a group, shall be punished with imprisonment of five to fifteen years.
(5) Ako je delo iz st. 1. do 3. ovog člana izvršeno od strane organizovane kriminalne grupe,
učinilac će se kazniti zatvorom od najmanje pet godina.“
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the resulting material damage exceeds the amount of 1,000,000 dinars
Blackmail (Art. 215)
“(1) Ko u nameri da sebi ili drugom pribavi protivpravnu imovinsku korist zapreti drugom da će protiv njega ili njemu bliskog lica otkriti nešto što bi njihovoj časti ili ugledu škodilo i time ga prinudi da nešto učini ili ne učini na štetu svoje ili tuđe imovine,
shall be punished with imprisonment of six months to five years.
(2) If by the offence specified in paragraph 1 of this Article material gain exceeding four hundred and fifty thousand dinars is acquired, the offender shall be punished with imprisonment of one to eight years.
(3) If by the offence specified in paragraph 1 of this Article material gain exceeding one million five hundred thousand dinars is acquired, the offender shall be punished with imprisonment of two to ten years.
(4) Whoever engages habitually in offences specified in paragraphs 1 to 3 of this Article, or if the offence is committed by a group, shall be punished with imprisonment of three to twelve years.
(5) Ako je delo iz st. 1. do 3. ovog člana izvršeno od strane organizovane kriminalne grupe,
učinilac će se kazniti zatvorom od pet do petnaest godina.“
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the resulting material damage exceeds the amount of 1,000,000 dinars
Criminal offences against economic interests
Counterfeiting Money (Art. 241)
“(1) Ko napravi lažan novac u nameri da ga stavi u opticaj kao pravi ili ko u istoj nameri preinači pravi novac,
kazniće se zatvorom od dve do dvanaest godina i novčanom kaznom.
(2) Whoever procures counterfeit money with the intention of placing it in circulation as real or who puts counterfeit money in circulation shall be punished with imprisonment of one to ten years and fined.
(3) If by the offence specified in paragraphs 1 and 2 of this Article counterfeit money is produced, altered, circulated or procured in an amount exceeding one million five hundred thousand dinars, i.e. a corresponding amount in a foreign currency, the offender shall be punished with imprisonment of five to fifteen years and fined
(4) Whoever, having accepted counterfeit money as genuine, and upon having learnt that it is counterfeit, puts it in circulation or whoever knows that counterfeit money has been produced or that counterfeit money has been placed in circulation, and fails to report it, shall be fined or punished with imprisonment of up to three years.
(5) Counterfeit money shall be seized.“
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the resulting material damage exceeds the amount of 1,000,000 dinars
Counterfeiting Securities (Art. 242)
“(1) Ko napravi lažne hartije od vrednosti ili preinači prave hartije od vrednosti u nameri da ih upotrebi kao prave ili da ih drugom da na upotrebu ili ko takve lažne hartije upotrebi kao prave ili ih u toj nameri pribavi,
kazniće se zatvorom od jedne do osam godina i novčanom kaznom.
(2) If the total nominal amount of counterfeit securities specified in paragraph 1 of this Article exceeds one million five hundred thousand dinars, the offender shall be punished with imprisonment of two to twelve years and fined.
(3) Whoever receives counterfeit securities as genuine and, upon having learnt that these are counterfeit, places them in circulation shall be punished with imprisonment of up to three years and fined
(4) Counterfeit securities shall be seized.“
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the resulting material damage exceeds the amount of 1,000,000 dinars
Criminal offences against legal instruments
Forging a Document (Art. 355)
“(1) Ko napravi lažnu ili preinači pravu ispravu u nameri da se takva isprava upotrebi kao prava ili ko lažnu ili preinačenu ispravu upotrebi kao pravu ili je nabavi radi upotrebe,
shall be punished with imprisonment of up to three years.
(2) If the offence specified in paragraph 1 of this Article is committed in respect of a public document, testament, bill of exchange, cheque, public or official record or other record that is kept under law, the offender shall be punished with imprisonment of three months to five years.
(3) Za pokušaj dela iz stava 1. ovog člana kazniće se.”
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the resulting material damage exceeds the amount of 1,000,000 dinars
*Note: A document is any item suitable or designated to serve as proof of a fact relevant to legal relations, as well as computer data
Special Cases of Forging Documents (Art. 356)
“Smatraće se da čini delo falsifikovanja isprave i kazniće se po članu 355. ovog zakonika:
1) Whoever without authorisation fills in a statement having affect as legal instrument in legal relations by using a blank form, paper or other document signed by another;
2) Whoever deceives another in respect of content of a document and such party affixes their signature on such document believing that he/she is signing another document or another content;
3) Whoever issues a document on behalf of another without authorisation of that person or on behalf of a person who does not exist;
4) Whoever as an issuer of a document affixes with his signature a position, rank or title although he holds no such position, rank or title, thereby granting crucial force of evidence to such document;
5) Whoever produces a document by using a genuine seal or sign without authorisation.“
*Note: This criminal offence may be considered cybercrime, if:
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
- the resulting material damage exceeds the amount of 1,000,000 dinars
*Note: A document is any item suitable or designated to serve as proof of a fact relevant to legal relations, as well as computer data
Criminal offences against freedoms and rights of man and citizen
Coercion (Art. 135)
“(1) Ko drugog silom ili pretnjom prinudi da nešto učini ili ne učini ili trpi,
shall be punished with imprisonment of up to three years.
(2) Whoever commits the offence specified in paragraph 1 of this Article in a cruel manner or by threat of murder or grievous bodily harm or abduction, shall be punished with imprisonment of six months to five years.
(3) If the offence specified in paragraphs 1 and 2 of this Article result in grievous bodily harm or other serious consequences, the offender shall be punished with imprisonment from one to ten years.
(4) If the offence specified in paragraphs 1 and 2 of this Article results in death of the person under coercion or if committed by a group, the offender shall be punished with imprisonment from three to twelve years.
(5) Ako je delo iz st. 1. i 2. ovog člana izvršeno od strane organizovane kriminalne grupe,
učinilac će se kazniti zatvorom od pet do petnaest godina.“
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Ill-treatment and Torture (Art. 137)
“(1) Ko zlostavlja drugog ili prema njemu postupa na način kojim se vređa ljudsko dostojanstvo,
kazniće se zatvorom do jedne godine.
(2) Whoever causes anguish to another with the aim to obtain from him or another information or confession or to intimidate him or a third party or to exert pressure on such persons, or if done from motives based on any form of discrimination, shall be punished with imprisonment from six months to five years
(3) Ako delo iz st. 1. i 2. ovog člana učini službeno lice u vršenju službe,
kazniće se za delo iz stava 1. zatvorom od tri meseca do tri godine, a za delo iz stava 2. zatvorom od dve do deset godina.“
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Endangerment of Safety (Art. 138)
“(1) Ko ugrozi sigurnost nekog lica pretnjom da će napasti na život ili telo tog lica ili njemu bliskog lica,
shall be punished by fine or imprisonment up to one year.
(2) Whoever commits the offence specified in paragraph 1 of this Article against several persons or if the offence causes anxiety of citizens or other serious consequences, shall be punished with imprisonment of three months to three years.
(3) Ko delo iz stava 1. ovog člana učini prema predsedniku Republike, narodnom poslaniku, predsedniku Vlade, članovima Vlade, sudiji Ustavnog suda, sudiji, javnom tužiocu i zameniku javnog tužioca, advokatu, policijskom službeniku i licu koje obavlja poslove od javnog značaja u oblasti informisanja u vezi sa poslovima koje obavlja,
shall be punished with imprisonment of six months to five years.“
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Stalking (Art. 138a)
“(1) Ko u toku određenog vremenskog perioda uporno:
1) Follows another person without permission or takes other actions with the aim of getting physically closer to such a person contrary to his will;
2) Contrary to the will of another person attempts to establish contact with him/her directly, through a third person or through means of communication;
3) Abuses personal data of another person or of a person close to him/her for the purpose of ordering goods or services;
4) Threatens to assault the life, body or freedom of another person or a person close to him/her;
5) Takes other similar actions in the manner that may perceptibly jeopardise the
personal life of the person vis-à-vis whom such actions are taken,
shall be punished by fine or imprisonment up to three years.
(2) If a danger to life, health or body of the person vis-à-vis whom the act was committed or a person close to him/her has been caused by an act specified in paragraph 1 of this Article, the perpetrator shall be punished with imprisonment of three months to five years.
(3) Ako je usled dela iz stava 1. ovog člana nastupila smrt drugog lica ili njemu bliskog lica,
učinilac će se kazniti zatvorom od jedne do deset godina.”
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Sexual offences
Sexual Harassment (Art. 182a)
“(1) Ko polno uznemirava drugo lice,
shall be punished by fine or imprisonment up to six months.
(2) If the act specified in paragraph 1 of this Article has been committed vis-à-vis a minor, the perpetrator shall be punished with imprisonment of three months to three years.
(3) Sexual harassment shall be each instance of verbal, non-verbal or physical behaviour that is aimed at or that is a violation of dignity of a person in the domain of his/her sexual life, which causes fear or creates a hostile, degrading or offensive environment.
(4) Prosecution for the offence specified in paragraph 1 of this Article shall be undertaken upon proposition.“
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Inducing a Child to Attend Sexual Acts (Art. 185b)
“(1) Ko navede dete da prisustvuje silovanju, obljubi ili sa njom izjednačenim činom ili drugoj polnoj radnji,
kazniće se zatvorom od jedne do osam godina.
(2) Ako je delo iz stava 1. ovog člana učinjeno upotrebom sile ili pretnje,
the offender shall be punished by imprisonment of two to ten years.“
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Criminal offences against public peace and order
Causing Panic and Disorder (Art. 343)
“(1) Ko iznošenjem ili pronošenjem lažnih vesti ili tvrđenja izazove paniku, ili teže narušavanje javnog reda ili mira ili osujeti ili značajnije omete sprovođenje odluka i mera državnih organa ili organizacija koje vrše javna ovlašćenja,
kazniće se zatvorom od tri meseca do tri godine i novčanom kaznom.
(2) Ako je delo iz stava 1. ovog člana učinjeno putem sredstava javnog informisanja ili sličnih sredstava ili na javnom skupu,
učinilac će se kazniti zatvorom od šest meseci do pet godina.”
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Illegal Organisation of Gaming (Art. 352)
“(1) Ko bez odobrenja nadležnog organa priređuje igre na sreću,
shall be punished by fine or imprisonment up to two years.
(2) An organiser of games of chance or participant in a game specified in paragraph 1 of this Article who uses deceit, shall be punished by imprisonment of three months to five years.
(3) The means intended or used in committing the offence specified in paragraphs 1 and 2 of this Article, as well as monies and other items used in the game of chance, shall be seized.“
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Criminal offences against the constitutional order and security of the Republic of Serbia
Sedition (Art. 309)
“1) Ko u nameri ugrožavanja ustavnog uređenja ili bezbednosti Srbije poziva ili podstiče da se silom promeni njeno ustavno uređenje, svrgnu najviši državni organi ili predstavnici tih organa,
shall be punished with imprisonment of six months to five years.
(2) Whoever commits the offence specified in paragraph 1 of this Article with foreign assistance, shall be punished by imprisonment of one to eight years.
(3) Ko u nameri rasturanja izrađuje ili umnožava materijal koji je po svom sadržaju takav da poziva ili podstiče na vršenje dela iz stava 1. ovog člana ili ko upućuje ili prebacuje na teritoriju Srbije takav materijal ili drži veću količinu tog materijala u nameri da ga on ili neko drugi rastura,
kazniće se zatvorom od tri meseca do tri godine.”
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
Instigating National, Racial and Religious Hatred and Intolerance (Art. 317)
“(1) Whoever instigates or exacerbates national, racial or religious hatred or intolerance among the peoples and ethnic communities living in Serbia,
shall be punished with imprisonment of six months to five years.
(2) If the offence specified in paragraph 1 of this Article is committed by coercion, maltreatment, compromising security, exposure to derision of national, ethnic or religious symbols, damage to other persons, goods, desecration of monuments, memorials or graves, the offender shall be punished by imprisonment of one to eight years.
(3) Ko delo iz st. 1. i 2. ovog člana vrši zloupotrebom položaja ili ovlašćenja ili ako je usled tih dela došlo do nereda, nasilja ili drugih teških posledica za zajednički život naroda, nacionalnih manjina ili etničkih grupa koje žive u Srbiji,
kazniće se za delo iz stava 1. zatvorom od jedne do osam godina, a za delo iz stava 2. zatvorom od dve do deset godina.“
Note: This criminal offence is considered a cybercrime:
- due to the method of execution or the means used
- computers, computer systems, computer networks and computer data, as well as their products in material or electronic form are object or means of execution of a criminal offense
STATE AUTHORITIES
With comptence to fight cybercrime
The Law on the Organization and Competence of State Authorities for Combating High-Tech Crime special organizational units of state authorities for the purpose of detection, prosecution and trial for criminal offenses determined by this law were established, and their organization, jurisdiction and powers are prescribed
- For proceedings in cases of criminal offenses covered by the term of hi-tech crime, for the territory of the Republic of Serbia, regardless of the place of execution and the threatened sentence of the criminal act
- The Higher Public Prosecutor's Office in Belgrade, which has a special department for the fight against hi-tech crime (Special Public Prosecutor's Office)
The work of the Special Public Prosecutor's Office is managed by the Special Public Prosecutor for hi-tech crime, who is appointed by the Supreme Public Prosecutor, for six years and cannot be reappointed.
- The special prosecutor is appointed from among the public prosecutors of the higher public prosecutor's office, the appellate public prosecutor's office, the special jurisdiction public prosecutor's office or the Supreme Public Prosecutor's Office
- Public prosecutors who have special knowledge in the field of information technology are given preference during appointment
- The special public prosecutor has the rights and duties as the chief public prosecutor
- If the special prosecutor becomes aware of the criminal case of high-tech crime, the prosecutor addresses the Supreme Public Prosecutor in writing, requiring him to trust him with, or transfer jurisdiction
- In order to carry out the work of the internal affairs body in connection with the hi-tech crime, the Office for the fight against hi-tech crime was established within the Ministry responsible for internal affairs.
- The Office acts upon requests of the Special Public Prosecutor
- The minister responsible for internal affairs, based on the opinion of the Special Public Prosecutor, appoints and dismisses the head of the Office and regulates its work more closely, in accordance with the law
- On powers of the LEA
- For proceedings in cases of criminal offenses covered by the term of hi-tech crime, for the territory of the Republic of Serbia, regardless of the place of execution and the threatened sentence of the criminal act
- The High Court in Belgrade is competent, in which the Department for the fight against hi-tech crime is formed
Judges are assigned to the Department by the president of the High Court in Belgrade from among the judges of that court
Judges who have special knowledge in the field of information technology are given preference during appointment
In accordance with the provisions of the Law on Judges, the High Council of the Judiciary can temporarily refer a judge from another court to work in the Department, whereby the judge who is temporarily referred must meet the conditions for the election of a judge of a higher court
- The Appellate Court in Belgrade is responsible for handling the appeal
- Publicly available verdicts in hi-tech crime cases, available at the website of the High Court in Belgrade: link
- Verdicts in cybercrime cases, available at link
Powers
The following are authorized to take certain measures and actions to detect and prove cybercrime:
- police
- SIA
- MSA
See Powers >>