Binding instructions from the Supreme Prosecutor's Office for handling cases of hate speech and hate crimes

The Supreme State Prosecutor (SSP) Milorad Marković issued binding instructions to state prosecutors for handling cases of hate speech and cases filed for criminal offenses committed out of hatred (hate crime).

The instruction was issued with the aim of ensuring effective and uniform treatment and implementation of international recommendations on equal treatment of all persons and the fight against racism, xenophobia, anti-Semitism and intolerance, the Supreme State Prosecutor's Office announced.

The instruction obliges the competent public prosecutor's offices to act in accordance with the criteria of the European Commission against Racism and Intolerance (ECRI), the United Nations Rabat Action Plan, and the indicators of prejudice.

"According to the provisions of the instruction, acting state prosecutors will be obliged to, in cases with elements of hate speech, specifically assess any public expression or incitement of hatred towards a specific group or individual due to any of its characteristics in order to create intolerance, discord, discrimination and violence. They will also assess whether there has been incitement to already existing hatred, taking into account whether hatred is developed, strengthened and deepened through public speech," the statement reads.

In reported cases with hate elements, in accordance with the binding instruction, state prosecutors will take all reasonable steps to uncover any hate motive or circumstance that may have played a role in the incident.

In cases of criminal offences committed via the Internet, the Prosecutor's Office will use international legal assistance as soon as possible, when necessary, to collect the necessary information. In urgent cases, when there is reciprocity, letters of request for international legal assistance will also be submitted through the National Central Bureau of Interpol.

"When proceeding, state prosecutors will actively cooperate with injured parties and promptly inform them of all actions taken," the State Prosecutor's Office said.

As they said, in order to effectively implement the instructions, Marković appointed a coordinator who will monitor the implementation of the instructions and cooperate with relevant institutions, international organizations and the non-governmental sector, which will directly report and answer to the Supreme State Prosecutor.