How will person who spread lies about 24-hour quarantine be punished? With up to 5 years in prison

Photo: Tanjug/Andrija Vukelic, Telegraf

The person who put together and sent a message containing false information yesterday - that a 24-hour quarantine will be imposed starting today - could, according to a lawyer, face up to five years in prison for this move. Minister Nebojsa Stefanovic reacted to the spreading of this news last night, as did the Government of Serbia in a statement.

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Yesterday has been described as the most difficult day for Serbia since the appearance of coronavirus within our borders. Seven more people died as the number of those infected increased to 900. Despite this sad news, there was a person who dared to further upset the already shaken citizens by sending fake text messages saying that the 24-hour quarantine would start at midnight today.

However, that was denied last night by Interior Minister Nebojsa Stefanovic, who took to his Twitter account.

"Information circulating on social networks about the introduction of a 24-hour quarantine starting tomorrow night, as well as that citizens will receive a text message permitting them to go out on the street, is fake news. The police are working intensively to determine the identity of the person spreading this fake news," Stefanovic wrote.

Информација која кружи друштвеним мрежама о томе да се сутра увече уводи 24-часовни карантин, као и да ће грађани добијати СМС поруку одобрења за излазак на улицу, лажна је вест. Полиција интензивно ради на утврђивању идентитета особе која шири ову лажну вест.— Небојша Стефановић (@NesaStefanovic) March 31, 2020

The government also reacted with a statement, saying that it was not true that a complete ban on movement would be introduced today and claiming otherwise was "an attempt to spread panic among citizens."

"The Government of Serbia stresses that if such a measure is introduced, the citizens will be informed 48 hours in advance," the government stressed.

Lawyer Ivan Simic / Printscreen: Happy TV

Lawyer Ivan Simic tells Telegraf that, above all, "we must distinguish between freedom of speech and expression, which is an absolute and indisputable human right, even in a state of emergency, and something called dissemination of fake news, which results in panic and disorder, that is, disrupts and significantly impedes enforcement of decisions and measures made by public authorities, and at the same time constitutes high-intensity socially dangerous behavior, especially in current circumstances."

"The latter is unlawful and prohibited conduct and as such is punishable under Article 343 of the Criminal Code. The prescribed offense of 'Causing panic and disorder' implies penalties ranging from 3 months to 3 years in jail. Taking into account the latest rulings relating to offenses committed during a state of emergency, it seems that courts in such situations impose sentences that are closer to the maximum. In a lawfully conducted procedure, the court has the absolute right to impose the maximum sentence, especially if the perpetrator is aware that their actions are prohibited," says Simic.

Simic added that in this case, it was a person knowingly presenting and spreading false information and that, if this crime is committed through mass media or similar means, the sentence ranges from six months to five years in prison.

He believes that although these acts belong to a group of so-called "lighter" criminal offenses, that doesn't mean that prison sentences will not be imposed, on the contrary: the trend is to move towards maximum sentences, as was the case in Dimitrovgrad the other day.

(M. Brkic)