National penalties - genocide

Serbia

Criminal Code

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Genocide
Article 370

Whoever with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such, orders killing or causing serious bodily or mental harm to members of the group, or deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in whole or in part, or imposes measures intended to prevent births within the group or forcibly transfers children of the group to another group or who with same intent commits one of the aforementioned acts,
shall be punished by minimum five years imprisonment or thirty to forty years' imprisonment.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Organising and Incitement to Genocide and War Crimes
Article 375

(1) Whoever conspires with another to commit any of the crimes specified in Articles 370 through 374 hereof,
shall be punished by imprisonment of three months to three years.

(2) Whoever organises a group to commit the criminal offences specified in Article 1 of this Article,
shall be punished by imprisonment of five to fifteen years.

(3) Whoever organizes an organized crime group for the purpose of committing criminal offences referred to in paragraph 1 hereof
shall be punished with imprisonment of minimum five years.

(4) Whoever becomes member of a group specified in paragraph 2 of this Article,
shall be punished by imprisonment of one to eight years.

(5) Whoever becomes a member of an organized crime group referred to in paragraph 3 hereof
shall be punished with imprisonment of two to ten years.

(6) Punishment may be mitigated for The offender referred to in paragraphs 1, 4, and 5 hereof provided he reveals the conspiracy, a group, or an organized crime group prior to having committed a criminal offence as part of the group or on behalf thereof or for the offender referred to in paragraphs 2 and 3 hereof provided he prevents the commission of criminal offences referred to in paragraph 1 hereof.

(7) Whoever calls for or incites to commission of offences specified in Articles 370
through 374 hereof,
shall be punished by imprisonment of one to ten years.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.