Law / Serbia

Criminal Code, Offences Against the Security of Computer Data

Krivicni zakonik (Criminal Code), Official Gazette RS No. 85/2005 et seq., Arts. 298-304a

In force since .

A computer misuse rule binding public and private bodies.

Obligation class
Access restriction
Audit expectation
none

What it requires

  • Do not access a computer, computer network, or electronic data processing system by circumventing a protection measure, without authorisation.NIST AI RMFMAP 4.1
  • Do not use, record, or further distribute data obtained by circumventing a protection measure without authorisation.NIST AI RMFMAP 4.1
  • Do not delete, alter, damage, or conceal computer data or a program without authorisation.no control in the NIST AI RMF

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

Unauthorised access under Art. 302(1) carries a fine or imprisonment up to six months, rising to up to two years for using the data obtained (Art. 302(2)) and up to five years for a hold-up, serious malfunction, or other grave consequence (Art. 302(3)).

What it makes you log

Logging duty

Chapter Twenty Seven's articles 298 to 304 criminalize damaging computer data and programs, computer sabotage, creating and introducing computer viruses, computer fraud, unauthorised access to a computer, computer network or electronic data processing, preventing access to a public network, and unauthorised use of a computer or network. Each states an offence and a penalty and none requires anyone to create, keep or produce a log or record. The chapter names no territorial reach of its own.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 302 punishes whoever, by circumventing protection measures, accesses a computer, computer network, or electronic data processing without authorisation, with a fine or imprisonment up to six months, rising to up to two years for using data obtained that way, and up to five years where the offence causes a hold-up or serious malfunction.

Article 298 separately punishes unauthorised deletion, alteration, damage or concealment of computer data or a program, and Article 304a punishes producing, procuring, or distributing devices or access codes designed for committing an offence under Arts. 298 to 303. Because Article 302's offence is triggered by circumventing a protection measure, reading a public, unauthenticated page without defeating any access control falls outside a plain reading of the provision.

The consolidated Criminal Code, per the WIPO Lex record's own metadata, entered into force on ; the chapter has since been carried through further gazetted amendments up to 94/2016.

When LexLint raises it

When your app profile says your app crawls the web or trains models.

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