Amending the Criminal Law in Serbia

The working group of the National Convention on the European Union for Chapter 23 held a regular session on 21 December 2023 in the Palace of Serbia, dedicated to the implementation of the obligations of the Republic of Serbia from Chapter 23 with a focus on amending the Criminal Code and the Criminal Procedure Code. The meeting was attended by members of the NKEU working groups for Chapter 23 and Chapter 24, representatives of the Ministry of Justice and the Ministry of Internal Affairs, and members of the working groups working on amendments to the laws in question.

The session began with introductory presentations by Jovana Spremo, from the Committee of Lawyers for Human Rights, coordinator of the NKEU Chapter 23 working group, and Branislav Stojanović, head of the negotiating group for Chapter 23 and assistant to the Minister of Justice. They pointed out the importance of the topic of the session, i.e. amendments to the Code of Criminal Procedure and the Criminal Code in the context of the implementation of obligations from Chapters 23 and 24. After them, Vladimir Vinš, assistant to the Minister of Justice and a member of the working groups for amendments, spoke, who informed the attendees about the work of the working groups so far. Neda Marković, senior adviser at the Ministry of Justice, presented the current direction of amendments to this important law.

During the discussion, DPNSEE Executive Director Milutin Milošević spoke about the legal regulation of drug use and advocated its decriminalization. Decriminalization means abolishing the criminal offense and treating drug use as a misdemeanour. This would lead to an end to stigmatization and discrimination, as well as reduced pressure on the police, prosecutor’s offices and correctional institutions.

The participants agreed that this type of contribution in the form of specific comments by members of the RG NKEU for Chapter 23 on the exposed drafts of the CC and the CPC is useful, and that it should be continued in a similar format, only to propose specific subtopics or parts of the law that would be discussed.

Following the meeting, as agreed with Mr Branislav Stojanović, head of the negotiating group for Chapter 23 and assistant to the Minister of Justice, DPNSEE submitted a formal proposal for amendments that include decriminalisation of drug use and the possession of drugs for personal use and discrimination and stigmatisation of people who live with HIV.

 

A project for refugee key populations from Ukraine

The Drug Policy Network South East Europe and its member organisations from Serbia (Prevent, Timočki omladinski centar, Duga, Re Generacija) and Montenegro (Juventas, Cazas) implement the “Emergency support for the provision of HIV and Harm Reduction services among key populations in Ukraine and refugees in selected neighbouring countries” project with the support from the UNODC Regional Programme Office for Eastern Europe.

Primary objectives of the project are:

  • Ensuring the continuity of the HIV prevention, treatment and care (including OAT and ARV) services for people who use drugs/living with HIV
  • Community-based care and support for people who use drugs, people living with HIV, people in prisons
  • Provision of essential requirements, including food and medicines and shelters, in coordination with the penitentiary service/local CSOs

Our organisations will implement the following activities:

  • Provide access to information about health services and drugs and ensure clear, reliable and trustworthy health information reaches refugees
  • Support in accessing health care in host country
  • Rapid provision/purchasing of basic products for existing key populations/refugee shelters/centers
  • Provision of HIV harm reduction services for key populations (including refugees)
  • HIV and harm reduction services for people who use drugs, including new psychoactive substances
  • Mobilising civil society, service providers, policymakers and other national stakeholders from the Western Balkan region to ensure wide and all-involving drug strategy development process
  • Increased awareness and understanding regarding comprehensive gender-sensitive HIV services for women who use drugs (WUD) among health care managers, service providers and decision-makers

This project will be conducted in UNODC partnership with the local CSOs and aims to strengthen the capacity of CSOs to address HIV prevention, treatment, care and support among people who use drugs (including those who use NPS/stimulants) internally displaced populations, refugees and prison populations.

Project findings will inform the development and implementation of evidence-based, gender-responsive and sustainable HIV and harm reduction services for people who used drugs/people in and released from prisons, and IDPs/refugees in Ukraine, Moldova, Serbia and Montenegro.