Article 23. Dignity and free development of individuals
Human dignity is inviolable and everyone shall be obliged to respect and protect it.
Everyone shall have the right to free development of his personality if this does not violate the rights of others guaranteed by the Constitution.
Article 25. Inviolability of physical and mental integrity
Physical and mental integrity is inviolable.
Nobody may be subjected to torture, inhuman or degrading treatment or punishment, nor subjected to medical and other experiments without their free consent.
Article 26. Prohibition of slavery, servitude and forced labour
No person may be kept in slavery or servitude.
All forms of human trafficking are prohibited.
Forced labour is prohibited. Sexual or financial exploitation of person in unfavourable position shall be deemed forced labour.
Labour or service of persons serving sentence of imprisonment if their labour is based on the principle of voluntarity with financial compensation, labour or service of military persons, nor labour or services during war or state of emergency in accordance with measures prescribed on the declaration of war or state of emergency, shall not be considered forced labour.
Article 27. Right to freedom and security
Everyone has the right to personal freedom and security. Depriving of liberty shall be allowed only on the grounds and in a procedure stipulated by the law.
Article 39. Freedom of movement
Everyone shall have the right to free movement and residence in the Republic of Serbia, as well as the right to leave and return.
Freedom of movement and residence, as well as the right to leave the Republic of Serbia may be restricted by the law if necessary for the purpose of conducting criminal proceedings, protection of public order, prevention of spreading contagious diseases or defense of the Republic of Serbia.
Entry and stay of foreign nationals in the Republic of Serbia shall be regulated by the law. A foreign national may be expelled only under decision of the competent body, in a procedure stipulated by the law and if time to appeal has been provided for him and only when there is no threat of persecution based on his race, sex, religion, national origin, citizenship, association with a social group, political opinions, or when there is no threat of serious violation of rights guaranteed by this Constitution.
Article 60. Right to work
Right to work shall be guaranteed in accordance with the law.
Everyone shall have the right to choose his occupation freely.
All work places shall be available to everyone under equal conditions.
Everyone shall have the right to respect of his person at work, safe and healthy working conditions, necessary protection at work, limited working hours, daily and weekly interval for rest, paid annual holiday, fair remuneration for work done and legal protection in case of termination of working relations. No person may forgo these rights.
Women, young and disabled persons shall be provided with special protection at work and special work conditions in accordance with the law.
Article 64. Rights of the child
A child shall be protected from psychological, physical, economic and any other form of exploitation or abuse.
Article 66. Special protection of the family, mother, single parent and child
Children under 15 years of age may not be employed, nor may children under 18 years of age be employed at jobs detrimental to their health or morals.
Republic of Serbia the Constitution 2006 (PDF)
Article 133. Violation of Freedom of Movement and Residence
(1) Whoever denies or restricts freedom of movement or residence in the territory of Serbia to the citizen of Serbia,
shall be punished with a 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,
such person shall be punished with imprisonment up to three years.
Article 134. Abduction
(1) Whoever by use of force, threat, deceit or otherwise removes or holds another with the intent to extort money or other property gain from that person or another or to coerce that person or another to do or refrain from doing something or to endure,
shall be punished with imprisonment from two to ten years.
(2) Whoever threatens the abducted person for the purpose of accomplishing the aim of abduction with murder or grievous bodily harm,
shall be punished with imprisonment from three to twelve years.
(3) If the abducted person is held more than ten days or treated in cruel manner or his health is seriously impaired or other serious consequences resulted or whoever commits the offence specified in paragraph 1 of this Article against a juvenile,
shall be punished with imprisonment of three to fifteen years.
(4) If due to the offence specified in paragraphs 1, 2 and 3 of this Article result in death of the abducted person or the offence is committed by a group, the offender shall be punished with imprisonment of five to eighteen years.
(5) If the offence referred to in paragraphs 1 and 2 hereof has been perpetrated by an organized crime group, the offender shall be punished with imprisonment of five to fifteen years.
Article 135. Coercion
(1) Whoever by use of force or threat coerces another to do or refrain from doing something, or to endure,
shall be punished with imprisonment 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 an organised group, the offender shall be punished with imprisonment from three to twelve years.
Article 137. Ill-treatment and Torture
(1) Whoever ill-treats another or treats such person in humiliating and degrading manner,
shall be punished with fine or imprisonment up to one year.
(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) If the offence specified in paragraphs 1 and 2 of this Article is committed by an official in discharge of duty,
such person shall be punished for the offence in paragraph 1 by imprisonment from three months to three years, and for the offence specified in paragraph 2 of this Article by imprisonment of one to eight years.
Article 163. Violation of Labour Rights and Social Security Rights
Whoever deliberately fails to comply with law or other regulations, collective agreement and other general acts on labour rights and on special protection of young persons, women and disabled persons at work, or on social insurance rights and thereby deprives or restricts another’s guaranteed right,
shall be punished with a fine or imprisonment up to two years.
Article 164. Violation of the Right to Employment and during Unemployment
Whoever deliberately contravenes regulations or otherwise unlawfully deprives or restricts a citizen’s right to be freely employed under equal conditions in the territory of Serbia,
shall be punished with a fine or imprisonment up to one year.
The penalty specified in paragraph 1 of this Article shall be imposed on whoever deliberately fails to comply with law and other regulations or general acts on rights of citizens during unemployment and thereby deprives or restricts a guaranteed right of the unemployed person.
Article 183. Pimping and Procuring
(1) Whoever pimps a minor for sexual intercourse or an equal act or other sexual act,
shall be punished with imprisonment of one to eight years and a fine.
(2) Whoever procures a minor for sexual intercourse or an act of equal magnitude or other sexual act,
shall be punished with imprisonment of six months to five years and a fine.
Article 184. Mediation in Prostitution
(1) Whoever causes or induces another person to prostitution or participates in handing over a person to another for the purpose of prostitution, or who by means of media or otherwise promotes or advertises prostitution,
shall be punished with imprisonment of six months to five years and a fine.
(2) If the offence specified in paragraph 1 of this Article is committed against a minor,
the offender shall be punished with imprisonment from one to ten years and a fine.
Article 371. Crimes against Humanity
Whoever in violation of the rules of international law, as part of a wider and systematic attack against civilian population orders: murder ; inflicts on the group conditions of life calculated to bring about its complete or partial extermination, enslavement, deportation, torture, rape; forcing to prostitution ; forcing pregnancy or sterilisation aimed at changing the ethnic balance of the population ; persecution on political, racial, national, ethical, sexual or other grounds, detention or abduction of persons without disclosing information on such acts in order to deny such person legal protection ; oppression of a racial group or establishing domination or 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 minimum five years or imprisonment of thirty to forty years.
Article 372 War Crimes against Civilian Population
(1) Whoever in violation of international law at time of war armed conflict or occupation orders an attack on civilian population, settlement, particular civilians, persons incapacitated for combat or members or facilities of humanitarian organisations or peace mission ; wanton attack without target selection harming civilian population or civilian buildings under special protection of international law ; attack against military targets knowing that such attack would cause collateral damage among civilians or damage to civilian buildings that is obviously disproportionate with the military effect ; ordering against civilian population inflicting of 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 or who orders 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 depriving of freedom and detention ; depriving 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 population; unlawful seizure, appropriation or destruction of property not justified by military necessity ; taking unlawful and disproportionate contributions and requisitions; devaluing of local currency or unlawful issuing of currency, or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.
Article 388. Human trafficking
(1) Whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity papers or by giving or accepting money or other benefit, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person with intent to exploit such person’s labour, forced labour, commission of offences, prostitution, mendacity, pornography, removal of organs or body parts or service in armed conflicts,
shall be punished by imprisonment of three to twelve years.
(2) When the offence specified in paragraph 1 of this Article is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if there was no use of force, threat or any of the other mentioned methods of perpetration.
(3) If the offence specified in paragraph 1 of this Article is committed against a minor,
the offender shall be punished by imprisonment of minimum five years.
(4) If the offence referred to in paras 1 and 2 of this article resulted in severe bodily harm, the perpetrator shall be punished with imprisonment from five to fifteen years, and in case of severe bodily harm to a juvenile person due to the offence referred to in para 3, the perpetrator shall be punished with minimum five years’ imprisonment.
(5) If the offence specified in paragraphs 1 and 3 of this Article resulted in death of one or more persons,
the offender shall be punished by imprisonment of minimum ten years.
(6) Whoever habitually engages in offences specified in paragraphs 1 and 3 of this Article or if the offence is committed by a group,
shall be punished by imprisonment of minimum five years.
(7) If the offence referred to in paragraphs 1 through 3 hereof has been perpetrated by an organized crime group,
the offender shall be punished with imprisonment of minimum ten years.
(8) Whoever knows or should have known that a person is a victim of human trafficking and abuses their position or allows another to abuse their position for the purpose of exploitation referred to in paragraph 1 hereof
shall be punished with imprisonment of six months to five years.
(9) If the offence referred to in paragraph 8 hereof has been committed against a person whom the offender knows or should have known is a minor,
the offender shall be punished with imprisonment of one year to eight years.
(10) Person’s consent to be exploited or held in slavery or servitude referred to in paragraph 1 hereof shall not prejudice the existence of the criminal offence stipulated under paragraphs 1, 2, and 6 hereof.
Article 389. Trafficking in Minors for Adoption
(1) Whoever abducts a child under sixteen years of age for the purpose of adoption contrary to laws in force or whoever adopts such a child or mediates in such adoption or whoever for that purpose buys, sells or hands over another person under fourteen years of age or transports such a person, provides accommodation or conceals such a person,
shall be punished by imprisonment of one to five years.
(2) Whoever habitually engages in activities specified in paragraph 1 of this Article or if the offence is committed by a group,
shall be punished by imprisonment of minimum three years.
(3) If the offence referred to in paragraph 1 hereof has been perpetrated by an organized crime group,
the offender shall be punished with imprisonment of minimum five years.
Article 390. Holding in Slavery and Transportation of Enslaved Persons
(1) Whoever in violation of international law enslaves another person or places a person in similar position, or holds a person in slavery or similar position, or buys, sells, hands over to another or mediates in buying, selling and handing over of such person or induces another to sell his freedom or freedom of persons under his support or care,
shall be punished by imprisonment of one to ten years.
(2) Whoever transports persons in slavery or other similar position from one country to another,
shall be punished by imprisonment of six months to five years.
(3) Whoever commits the offence specified in paragraphs 1 and 2 of this Article against a minor,
shall be punished by imprisonment of five to fifteen years.
Criminal Code (PDF)
