• 2025-09-22

Statement of the NCEU regarding the ongoing “public debate” on amendments to criminal legislation

National Convention on the European Union

The National Convention on the European Union expresses its protest concerning the manner in which the Ministry of Justice has approached the amendments to the Criminal Code, the Code of Criminal Procedure, and the Law on Juvenile Offenders. We recall that the procedure for amending parts of these laws was suspended a year ago precisely due to very similar serious procedural objections raised at the time by both the NCEU and the wider expert community.

Instead of conducting an open and inclusive process, the Ministry of Justice launched a public debate on September 10, 2025, simultaneously for the three most important criminal laws, without consultations or prior notice, leaving only the minimum statutory period of 20 days for the submission of comments by interested parties exclusively via email. For the first time, the debate is being held without the proposer presenting a draft and without organizing public discussions. Such a procedure constitutes a dangerous precedent in the process of adopting criminal legislation, which is a crucial instrument of the state for the protection of human rights and the limitation of freedoms and security.

If the reason for this accelerated procedure is allegedly the fulfillment of obligations under the Reform Agenda of the Republic of Serbia, we emphasize that any serious amendment to criminal legislation, particularly those concerning juveniles as a particularly vulnerable social group, goes far beyond the objectives outlined in the Agenda itself, a document adopted by the Government in a non-inclusive and non-transparent process.

Based on a review of the laws subject to amendment, the National Convention on the European Union warns that the proposed changes, in many cases, will not improve criminal legislation but will lower the achieved level of guaranteed rights, which is contrary to the Constitution of the Republic of Serbia.

Amendments to criminal legislation must not be adopted without a broad societal debate involving all relevant stakeholders – the judiciary, academia, the bar association, civil society, and the broader expert community, as well as citizens, who are increasingly interested in these issues. At this moment, the conditions for such a debate do not exist, nor is there the possibility of achieving consensus on the necessary changes. Further concern is raised by the proposer’s explanation that no special budgetary resources are required for implementing the amendments, even though the draft simultaneously foresees significant increases in penalties and the introduction of a larger number of new criminal offenses.

Therefore, the National Convention on the European Union calls on the Ministry of Justice to withdraw from the current amendment process until the existing crisis and ongoing social polarization are alleviated and a minimum level of mutual trust among relevant stakeholders is restored.

Only in this way can the process of amending criminal legislation be transparent, accountable, and genuinely in the interest of the citizens.

Source: NCEU