Article 43
The following sanctions may be pronounced to a perpetrator of criminal offence:
1) life sentence
Article 44
Life sentence and Imprisonment may be pronounced only as principal sanctions.
Life Sentence
Article 44a
In exceptional cases, life sentence may be pronounced along with imprisonment, for the most severe criminal offences and the most severe forms of severe criminal offences. *
A life sentence cannot be pronounced to a person who, at the time of commission of a criminal offence is less than twenty-one years of age. *
A life sentence cannot be pronounced in cases when the law sets forth that a penalty can be mitigated (Article 56, paragraph 1, item 1) or when there is basis for acquittal.
Article 60
If an offender, by one act or several acts, has committed several criminal offences for which he is tried concurrently, the court shall first determine penalties for each of the offences respectively and shall then pronounce a single penalty.
The court shall pronounce a single penalty in line with the following rules:
If a sentence of imprisonment of thirty to forty years has been determined for one of the criminal offences in joinder, only such sentence shall be pronounced;
If the court has determined imprisonment for criminal offences in joinder, it shall increase the most severe punishment, provided that the single sentence does not attain the sum of cumulative sentences or exceed twenty years’ imprisonment;
If prison sentences of a maximum of three years are prescribed for all criminal offences in joinder, the single sentence may not exceed ten years’ imprisonment;
If only fines are determined for criminal offences in joinder, the court shall pronounce a single fine in the amount of the cumulative sum of determined fines, provided it does not exceed eighteen million dinars, and where the court determined particular amounts (Article 50), the fine may not exceed one million dinars, or ten million dinars where one or more offences were committed for gain;
If only community service is stipulated for criminal offences in joinder, the court shall pronounce a single penalty of community service, provided it does not exceed...
Article 370
Whoever, with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such, orders killing or causes 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 the same intent, commits one of the aforementioned acts, shall be punished by imprisonment of a minimum of five years or life imprisonment.
Crimes against Humanity
Article 371
Whoever, in violation of the rules of international law, as part of a wider and systematic attack against the civilian population, orders murder, inflicts on one or more people of the group living conditions calculated to bring about its complete or partial extermination, enslavement, deportation, torture, rape, forcing pregnancy, forcible sterilisation aimed at changing the ethnic balance of the population, persecution on political, racial, national, ethnic, sexual or other grounds, enforced disappearance, detention or abduction of persons without disclosing information on such acts in order to deny such persons legal protection, oppression of a racial group or establishing domination of one group over another, or other similar inhumane acts that intentionally cause serious suffering or serious endangering of health, or whoever commits any of the above-mentioned offences, shall be punished by imprisonment of a minimum of five years or life imprisonment.
Article 372
Whoever, in violation of international law at the time of war, armed conflict or occupation, orders an attack on the civilian population, settlements, individual civilians, persons incapacitated for combat or members or facilities of humanitarian organisations or peace missions; orders an attack without target selection harming civilian population or civilian buildings and objects under special protection of international law; attacks against military targets knowing that such attack would cause collateral damage among civilians or damage to civilian buildings that is obviously disproportionate to the military effect; orders violence against the civilian population, inflicting bodily injury, torture, inhumane treatment, biological, medical or other research experiments, or taking of tissue or organs for transplantation or performing other acts causing harm to health or inflicting great suffering; ordering deportation or relocation or forced change of nationality or religion; forcing to prostitution or rape; applying intimidation and terror measures; taking of hostages; collective punishment; unlawful deprivation of freedom and detention; deprivation of the rights to a fair and impartial trial; proclaiming the rights and acts of enemy nationals prohibited, suspended or non-allowed in court proceedings; compelling into service of a hostile power or its intelligence or administration services; compelling to military service persons under seventeen years of age; forced labour; starving of populations; unlawful seizure, appropriation or destruction of property not justified by military necessity; taking unlawful and disproportionate contributions and requisitions; devaluation of local currency or unlawful issuing of currency, or whoever commits any of the above offences, shall be punished by imprisonment of a minimum of five years.
The penalty referred to in paragraph 1 of this Article shall be imposed on whoever, in violation of international law at a time of war, armed conflict or occupation, orders an attack on facilities particularly protected under international law and installations and facilities with dangerous power, such as dams, embankments and nuclear power plants; strikes against civilian facilities under special protection of international law, undefended places and demilitarised zones; long-term and extensive damage to the environment that may be detrimental to the health of persons or survival of the population, or whoever commits any of these offences.
Whoever, at a time of war, armed conflict or occupation, orders murder of the civilian population or whoever commits such offence, shall be punished by imprisonment of a minimum of ten years or life imprisonment.
Whoever, in violation of the rules of international law at a time of war, armed conflict or occupation, as an occupying power, orders or undertakes relocation of part of the civilian population to occupied territories, shall be punished by imprisonment of a minimum of five years.
Article 373
Whoever, in violation of international law at a time of war, armed conflict or occupation, orders inflicting bodily injuries, torture, inhuman treatment, biological, medical or other research experiments, taking of tissue or body organs for transplantation or other acts causing harm to health or serious suffering against the wounded, sick, shipwrecked or medical staff or clergy, or orders destruction or appropriation on a large scale of materials, medical transportation means and stocks of medical institutions or units that is not justified by military necessity, or whoever commits any of the above offences, shall be punished by imprisonment of a minimum of five years.
Whoever, at a time of war, armed conflict or occupation, orders murder of the civilian population or whoever commits such offence, shall be punished by imprisonment of a minimum of ten years or life imprisonment.
War Crimes against Prisoners of War
Article 374
Whoever, in violation of international law, orders injury, torture, inhuman treatment, biological, medical or other research experiments, taking of tissues or body organs for transplantation, or commission of other acts harmful to health and causing serious suffering against prisoners of war, or compels prisoners of war to service in forces of a hostile power, or deprives them of the rights to a fair and regular trial, or whoever commits any of such offences, shall be punished by imprisonment of a minimum of five years.
Whoever orders murder of prisoners of war or whoever commits such an offence shall be punished by imprisonment of a minimum of ten years or life imprisonment.
Employment of Prohibited Means of Warfare
Article 376
Whoever, during time of war or armed conflict, orders employment of means or methods of warfare that are prohibited under rules of international law or who uses such means or methods, shall be punished by imprisonment of two to ten years.
Article 378
Whoever, in violation of international law at a time of war or armed conflict, kills or wounds an enemy who has laid down his weapons or has surrendered unconditionally or has no means of defence, shall be punished by imprisonment of one to fifteen years.
The penalty referred to in paragraph 3 of this Article shall be imposed also on whoever, by violation of the rules of international law in times of war or armed conflict, orders that no enemy may be taken alive, or conducts operations with such aim.
Article 386
Whoever calls for or instigates a war of aggression, ,
shall be punished by imprisonment of from two to twelve years.
Whoever orders waging a war of aggression ,
shall be punished by imprisonment of minimum ten years, or life sentence.
Participation in War or Armed Conflict in a Foreign Country
Article 386a
Serbian citizen who participates in war or armed conflict in a foreign state, as a member of the military or paramilitary forces parties to the conflict, and is not a citizen of the
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.