In this paper, the authors analyze the principle of non-punishment of victims of human trafficking through the prism of international legal standards in this field and the situation in the Republic of Serbia. Following introductory remarks on the importance of this issue, the authors point to the international legal framework underpinning the mentioned principle, as well as to examples from comparative law and the case law of the European Court of Human Rights. Given that the application of this principle in practice implies the prior identification of victims of human trafficking, the paper analyzes this procedure in the Republic of Serbia. Particular attention is paid to the Center for the Protection of Victims of Human Trafficking, which is the only state body competent for the implementation of this procedure. The authors then consider this issue from the perspective of GRETA's third report and also address the current steps being taken by Serbia to fulfill its international obligations; accordingly, a summary analysis is provided of the provisions of the Draft Law on the Suppression and Prevention of Human Trafficking and the Protection of Victims in terms of the principle of non-punishment. The authors conclude that implementing the principle of non-punishment of victims of human trafficking into the current legal system of the Republic of Serbia, in line with international standards, should be accompanied by corresponding amendments to the Criminal Code, the Criminal Procedure Code, and the Law on Misdemeanors.
Turanjanin et al. (2025) studied this question.