Peščanika columnist Dejan Ilić is in the spring of 2025 detained and held in custody because he expressed his political opinion in a public space, and the police interpreted that as an invitation to cause disorder.
"You have a choice - either you will open the door for those people to escape, and the transitional government will open the door, or you will accept the fact that blood will flow in the streets, that we will lose I don't know how many lives and we don't know whose lives, in order to get rid of them", is the statement based on which he was detained under Article 343 of the Criminal Code.
Sharing content on networks
The Serbian judiciary does not give up on charges for the alleged spread of panic and calls for the violent overthrow of the constitutional order, and now it is going one step further. In the proposal to change the Criminal Code, it is introduced Article 343a - "publishing materials that advise the commission of a criminal offense"
"The provision that foresees the introduction of the new criminal offense 343 a deserves the harshest criticism," says lawyer Rodoljub Šabić. "From the point of view of legitimate public interests, the provision is unnecessary, and dilettantishly or perfidiously formulated in an extremely fluid manner and suitable for extremely broad interpretations, thus serious abuses and violations of human rights."
According to the new criminal offense, anyone "who, through the means of information technologies or in another way, makes available material containing information that provides advice for the purpose of committing criminal offenses" could be sentenced to up to three years in prison.
This would mean that not only the person who allegedly spreads fake news or calls for violence on social networks or in public space will be charged, as before, but "the person who mediates access to that material" will also be punished with the same punishment, i.e. someone who may send a photo, video or audio recording, which will be published later.
And the material is considered to be "any material that contains audio or visual instructions or advice."
"There are no justified reasons for the introduction of a new criminal offense," says Šabić, the former commissioner for information of public importance in Serbia. "The Criminal Code (Article 35) already foresees the punishment of those who intentionally help in the commission of a criminal offense, and by helping, it also means giving advice or instructions. Apart from being completely redundant, the proposed provision is articulated in such a way that it leaves everything that should be relevant unclear."
What is "panic" material
He adds that it is not clear what "material containing instructions and advice for committing a criminal offense" can be? Could it be, for example, a court judgment in which the method of committing a criminal offense is described in detail? Or crime novels and stories?
Šabić adds that people who just share someone's post on social networks could be arrested that way?
"How is it even possible, as if we are in the time of the Inquisition, to predict that just by reading or listening to a text, a criminal offense can be committed," Šabić asks.
He adds, the government and the Ministry of Justice proposed more or less the same during the last changes in 2024, but after harsh criticism, they gave up on the obviously senseless proposal. Now, by allegedly specifying that the incrimination does not apply to all criminal acts and by enumerating the groups of criminal acts to which it applies, they are trying to do the same thing once again.