Serbia to Amend Criminal Code; Penalties for Illegal Weapons Possession and Carrying to Be Increased

Under the proposed amendments, the unauthorized carrying of firearms, ammunition, and explosive substances would be punishable by imprisonment ranging from five to 15 years. This is the same penalty currently prescribed for murder.

Under the existing Criminal Code, the offense carries a prison sentence of between two and 12 years.

For the basic offense of unauthorized possession of firearms, firearm parts, ammunition, or explosive substances, the proposed penalty would be one to eight years' imprisonment, in addition to a fine.

If the offense involves firearms, ammunition, explosive materials, explosive devices, 3D-printed firearms, gas weapons, or other weapons whose manufacture, sale, acquisition, exchange, or possession is prohibited for civilians, or if it involves a large quantity of weapons or other highly destructive devices, the proposed penalty would be imprisonment from two to 12 years and a fine.

Anyone who carries such items without authorization would face a prison sentence of five to 15 years. Individuals carrying weapons or related items for which they possess a valid permit but are carrying them unlawfully would face imprisonment from one to eight years.

Weapons, firearm parts, ammunition, explosive substances, and related items involved in such offenses would be subject to mandatory confiscation.

Changes to Repeat-Offender Provisions

According to the explanatory memorandum accompanying the draft law, the amendments introduce more precise rules for sentencing repeat offenders and establishing a distinction between general and special recidivism.

General recidivism applies when an offender has previously been convicted twice for any intentional criminal offense. Special recidivism applies when an offender has been convicted twice for the same or a similar criminal offense. The proposed changes aim to ensure a more consistent and proportionate approach to sentencing.

Clearer Regulation of Weapons Offenses

The draft law also proposes a separate criminal offense covering the illegal possession and carrying of firearms, ammunition, and explosive substances. This would distinguish possession and carrying offenses from crimes involving the manufacture, trafficking, and smuggling of weapons.

Mandatory confiscation of weapons, firearm parts, ammunition, explosive substances, and other prohibited items connected to these offenses is also envisaged.

In addition, separate provisions would address the illegal manufacture of weapons, arms trafficking, smuggling, weapons testing, stamping and marking procedures, as well as the forgery of trademarks and markings used in weapons certification and identification.

"These proposed solutions systematize criminal law protection in this area within the Criminal Code, provide a clearer distinction between different forms of illegal handling of firearms, ammunition, and explosive substances, and enable more effective sanctions for illegal production, trafficking, smuggling, and abuses related to weapons marking", the explanatory memorandum states.

Alignment with International Obligations

According to the government, the proposed amendments are intended to further strengthen Serbia's criminal justice system and align domestic legislation with international obligations arising from conventions ratified by the country.

One of the key objectives is to harmonize the Criminal Code with the provisions of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, commonly known as the Warsaw Convention.

"The proposed solution ensures fuller alignment of domestic legislation with the international obligations of the Republic of Serbia and contributes to improving the efficiency of the criminal justice system in combating organized crime, money laundering, and other serious cross-border offenses", the explanatory memorandum states.

The government has proposed that the law be adopted under an expedited legislative procedure.