16 2. Prohibition of torture 2.1. National legislation The Constitution of the Republic of Serbia5 guarantees human dignity, inviolability of human life, inviolability of physical and mental integrity, and it strictly prohibits torture6. 7 Constitution of the Republic of Serbia, Article 25, paragraph 2. Nobody may be subjected to torture, inhuman or degrading treatment or punishment7. Prohibition of torture is envisaged by other legislation, inter alia, by the Law on Criminal Proceedings8, Law on Police9 and the Law on Enforcement of Criminal Sanctions10. The Criminal Code11 defines the torture and maltreatment as a separate criminal act12. Criminal Code of the Republic of Serbia, Article 137 (1) Whoever ill-treats another or treats such person in humiliating and degrading manner, shall be punished with fine or imprisonment up to one year. (2) Whoever causes anguish to another with the aim to obtain from him or a third party information or confession or to intimidate him or a third party or to exert pressure on such persons, or if done from motives based on any form of discrimination, shall be punished with imprisonment from six months to five years. (3) If the offence specified in paragraphs 1 and 2 of this Article is committed by an official in discharge of duty, such person shall be punished for the offence in paragraph 1 by imprisonment from three months to three years, and for the offence specified in paragraph 2 of this Article by imprisonment of one to eight years.   5 „Official Gazette of RS“, no. 98/2006.   6 Constitution of RS, Articles 23, 24 and 25.   7 Taken from Article 5 of the Common Declaration on the Human Rights, Article 7 of the International Covenant on Civil and Political Rights and Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.   8 „Official Gazette of RS“, no. 72/2011, 101/2011, 121/2012, 32/2013, 45/2013 and 55/2014.   9 „Official Gazette of RS“, no. 6/2016. 10 „Official Gazette of RS“, no. 55/2014. 11 „Official Gazette of RS“, no. 85/2005, 88/2005-corrigendum, 107/2005-corrig., 72/2009, 111/2009, 121/2012, 104/2013 and 108/2014. 12 Convention against Torture, Article 4.: (1) Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. (2) Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.

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