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PROPOSAL FOR AN ANTI-TERRORISM LAW
The complete text of the Anti-Terrorism Bill which will be treated as an urgent matter in the session of the Federal Parliament on June 30.
Article 1. Anyone who, with the intention of menacing the Statutory Constitution or territorial integrity of the Federal Republic of Yugoslavia, causes an explosion or fire, abducts any person or commits another act of violence, or threatens seriously to undertake any other dangerous action, or to use nuclear, chemical bacterial or other dangerous substances, by which a feeling of insecurity or fear is created among citizens, shall be sentenced to at least five years' imprisonment. If an act under Paragraph 1 of this Article causes the death of one or more people or puts the lives of people in danger or is followed by extreme violence or great destruction, or imperils the security of the Federal Republic of Yugoslavia or a member Republic, the person who commits that act shall be sentenced to between ten and twenty years' imprisonment. If a person who commits an act under Paragraph 1 of this Article deliberately murders one or more people at the same time, they shall be sentenced to imprisonment of between ten years and life. Anyone who calls on or encourages a number of people to commit acts under Paragraph 1 of this Article shall be sentenced to between three and twelve years' imprisonment. Anyone who calls on or encourages a number of people to commit acts under Paragraphs 2 or 3 of this Article shall be sentenced to between ten and twenty years' imprisonment. Anyone who prepares acts under Paragraphs 1 or 2 of this Article shall be sentenced to at least one year of imprisonment. Anyone who prepares acts under Paragraph 3 of this Article shall be sentenced to at least five years' imprisonment.
Article 2. Anyone who distributes, or is in possession of with the intention of distributing, or makes available written, audiovisual, electronic or other devices which are used to call for or acts under Article 1 of this Act shall be sentenced to at least three years' imprisonment.
Article 3. Anyone who organizes a group of people whose intention is to commit an offence under Article 1 of this Act or who agrees to commit an offence under Article 1 of this Act shall be sentenced to at least three years' imprisonment. Anyone who becomes a member of a group of people as defined in Paragraph 1 of this article shall be sentenced to between one and eight years' imprisonment. Any organizer or member of a group of people who prevents the commission of an offence under Article 1 of this Act may be acquitted. Any member of a group of people who gives information leading to the discovery of a person committing an act under Article 1 of this Act may be acquitted of the penalty for committing offences under Article 1 and Article 2 of this Act.
Article 4. Anyone who conceals a person who has committed an act under Article 1 or Article 2 of this Act or who assists in any way in preventing the discovery and arrest of that person shall besentenced to at least one year of imprisonment. If the person committing an act under Article 1 is the spouse or a close blood relation such as a brother or sister, that person shall not be punished.
Article 5. If any person commits an offence under Articles 1, 2 or 3 of this Act with the intention of discovering another offender, such action shall not be considered a criminal act. Instructions on ways of undertaking acts under Paragraph 1 of this Article shall be given by the federal minister for internal affairs. The federal state prosecutor shall be informed about all measures under Paragraph 1 of this Article.
Article 6. When necessary for the conduct of legal proceedings the president of the Federal Court may, on request from the federal state prosecutor or the federal minister in charge of internal affairs, decide to preventively imprison any person suspected of committing an offence under this Act. In exceptional cases the president of the Federal Court may authorise another judge in the Federal Court to rule on preventive custody. Preventive imprisonment shall be undertaken in correctional institutions, district prisons and military prisons.
Article 7. The president of the Federal Court shall re-examine the reasons for temporary custody each seven days, after hearing the opinion of the federal state prosecutor and the minister in charge of internal affairs. Preventive custody may last up to thirty days.
Article 8. A person in preventive custody may be officially contacted only in order to collect additional information and only in the matter of the criminal act which led to preventive custody. A person in custody shall be informed about the reason for the custody and his rights. Their family shall be given the same information immediately.
Article 9. The president of the Federal Court or a Federal Court judge authorized by him notes evidence collected during preventive custody and rules on which of this may be used in the bringing of criminal proceedings.
Article 10. When a Military Court is authorized to conduct proceedings for an offence under this Act and if it is necessary in order to conduct criminal proceedings, the president of the Supreme Military Court may, at the request of the Supreme Military Prosecutor or the federal minister in charge of internal affairs, make a decision on the preventive imprisonment of anyone suspected of committing an offence under this Act. The president of the Supreme Military Court shall re-examine the reasons for preventive custody every seven days, after hearing the opinion of the Supreme Military Prosecutor and the federal minister in charge of internal affairs. The president of the Supreme Military Court or a judge authorized by him shall make a decision on evidence collected during the preventive custody which may be used to bring criminal proceedings in the military court.
Article 11. District courts of first jurisdiction, the Higher Court and the military court of first jurisdiction shall conduct investigations and try offences under this Act.
Article 12. Any person who witnesses investigations or looks through investigation files is obliged to observe any information thus acquired at that time as a state secret. The state prosecutor may indict any person without consent from the investigating judge and without conducting an investigation.
Article 13. If any witness is not present at a place where is required for questioning, he may be taken to that place by force. If any witness or court expert is not present at the court after having been officially summonsed and the reason for their absence is not justified they shall be taken to the court by force. Any witness who refuses to give evidence after being warned of the consequences of such an act shall be imprisoned until he agrees to give evidence or until his evidence becomes unnecessary or until the criminal proceedings are closed, but in any case no longer than thirty days. The decision on custody shall be reconsidered every seven days.
Article 14. An appeal against an indictment may be lodged within three days of the indictment being raised and the president of the Council may demand the reconsideration of the indictment within three days of the deadline for appeals or refusing appeals. The council of the court in charge of a case shall rule on the appeal or the president's demand to reconsider the indictment within 48 hours.
Article 15. If the members of the council, including the president of the council, change or if the main proceedings have been delayed for more than one month, the council may decide to continue the trial after the president of the trial explains in brief the earlier course of the trial. Any authorized person may lodge an appeal against a verdict within ten days of a copy of the verdict having been delivered to the defendant or the state prosecutor.
Article 16. Any person convicted of crimes under Article 1 of this Act shall serve sentence in a maximum security prison. No person convicted of crimes under Article 1 of this Act may apply for postponement of serving sentence, nor may the serving of the sentence be postponed because extraordinary legal remedies have been announced.
Article 17. Criminal Code regulations shall be applied to any issues not dealt with by this Act.
Article 18. Article 124 of the Criminal Code of the Federal Republic of Yugoslavia and regulations from Articles 136 to 139 concerning Article 125 shall not be valid from the day this is introduced. (Government Gazette of SFR Yugoslavia no.44/76, 36/77, 34/84, 74/87, 57/89, 3/90, 38/90, 45/90 and Government Gazette of FR Yugoslavia, no. 35/92, 16/93, 31/93, 37/93 and 24/94).
Article 19. This Act shall come into effect eight days after it has been published in the Government Gazette of the Federal Republic of Yugoslavia. |
A Quarterly Published by New York University Law School and Central European University
A Quarterly Published by New York University Law School
and Central European University
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