death_penalty_new.qxd 02-08-27 12:57 Page 60 THE DEATH PENALTY IN THE OSCE AREA 4.18 FEDERAL REPUBLIC OF YUGOSLAVIA244 RELEVANT INTERNATIONAL INSTRUMENTS International Instruments Signed Ratified Article 6 of the ICCPR Yes Yes Second Optional Protocol to the ICCPR Yes Yes Article 37 (a) of the CRC Yes Yes LEGAL FRAMEWORK Status: Abolitionist245 Scope: The Federal Republic of Yugoslavia amended the Federal Constitution in 1992 and removed the provision on the death penalty. The Federal Criminal Code was amended accordingly in 1993246. The Republic of Serbia removed the death penalty from its Criminal Code in 2002247 although the Constitution of the Republic of Serbia still retains a provision on the death penalty248. In the Republic of Montenegro the death penalty was still retained in the Criminal Code for crimes committed in peacetime and in wartime until very recently. The Constitution continues to provide that capital punishment may be ruled and pronounced for the most serious criminal offences249. However, on 19 June 2002, the National Assembly of Montenegro passed a Law on Amendments to the Criminal Code that completely abolished the use of the death penalty250. 244 245 246 247 248 249 250 This entry was written with the assistance of the OSCE Mission in the Federal Republic of Yugoslavia and the Delegation of the Federal Republic of Yugoslavia to the OSCE who completed our questionnaire on the death penalty. We have classified the Federal Republic of Yugoslavia as abolitionist. However the classification is not strict as certain legal provisions providing for the death penalty are retained. Law on Amendments and Addenda to the Criminal Code of the Federal Republic of Yugoslavia, Official Gazette of the Federal Republic of Yugoslavia, No.37/93. Official Gazette of the Republic of Serbia, No.10/2002, 1 March 2002. Article 14 of the Constitution of the Republic of Serbia. Article 21 of the Constitution of the Republic of Montenegro. Official Gazette of the Republic of Montenegro, No.30/2002, 26 June 2002. 60