Serbian Criminal Code amended provisions in relation to white-collar crime and Law on Organized Crime enter into force as of 1 March 2018

Serbia

Following adoption of amendments to the Serbian Criminal Code (“Code”) as well the Law on Organization and Jurisdiction of State Bodies in Combating Organized Crime, Terrorism and Corruption (“Law on Organized Crime”) enacted by Serbian Parliament in late 2016, the provisions of the Code in relation to white-collar crime and Law on Organized Crime enter into force as of 1 March 2018.

The Code introduced new systematics of the criminal offences against economic interests i.e. white-collar crime, as their clustering was performed according to several criteria, the most important being their similarity.

The Chapter 22 of the Code regulating white-collar crime now provides for 29 white-collar crimes in total (instead of previous 25), out of which there are seven new offenses ( e.g. corporate fraud, abuse in the privatization procedure etc.).

It is worth noting the three existing offenses have been decriminalized (abuse of authority in the economy, issuing a check and use of payment cards without coverage and customer misleading). Further to that, some of the criminal offences have changed their legal description, while others have just changed their order in the relevant Chapter of the Code.

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Further to the above, Law on Organized crime, which puts emphasis on the discovering corruptive and financial crimes, also enters into force on 1 March 2018.

This date at the same time marks the beginning of work of the Prosecutor's Office for Organized Crime (“TOK”), which will prosecute the criminal acts of "high-level corruption", in which the value exceeds RSD 200 million (cca. EUR 1.7 million) while regional prosecutor’s offices will prosecute cases of lower value.