ISSN 1452-6662
Over 180 up-to-date legal acts of the Republic of Serbia translated to English.
Group: RULE OF LAW (individual rights and law enforcement)
Issue: CRIMINAL PROCEDURE CODE
Published in the Official Gazette of the RS, Nos. 72/11 of 28 September 2011, 101/11 of 30 December 2011, 121/12 of 24 December 2012, 32/13 of 8 April 2013, 45/13 of 22 May 2013, 55/14 of 23 May 2014, 35/19 of 21 May 2019 and 27/21 of 24 March 2021 (CC)
Section: GENERAL PART
BASIC PROVISIONS

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  • Subject Matter of the Code
     Article 1

    This Code shall establish the rules the aim of which is to prevent the conviction of any innocent person, and enabling a perpetrator of a criminal offence to be sanctioned in accordance with conditions envisaged by the criminal law, based on lawfully and fairly conducted proceedings.

    This Code shall also establish the rules on conditional release, rehabilitation, termination of security measures and legal consequences of conviction, exercise of the rights of persons wrongly deprived of liberty and wrongly convicted confiscation of material gain, resolution of property claims and issuance of wanted circulars and notices.

  • Meaning of Expressions
     Article 2

    Certain expressions used in this Code shall have the following meaning:

    1) "suspect" shall be a person against whom a competent public authority has undertaken a certain act stipulated under this Code in the pre-investigation proceedings due to existence of grounds of suspicion that he/she committed a criminal offence, and a person against whom an investigation is being conducted;

    2) "defendant" shall be a person against whom an indictment has been filed but not yet confirmed, or against whom a motion to indict, a private prosecution or a motion to pronounce a security measure of compulsory psychiatric treatment has been submitted, and the date of the main hearing or hearing for pronouncing a criminal sanction has not yet been set, but also an expression used as a general term for a suspect, an accused person, a defendant and a convicted person;

    3) "accused" shall be a person against whom an indictment has been confirmed and a person against whom a main hearing date or a hearing has been scheduled in summary criminal proceedings for pronouncing a criminal sanction based on a motion to indict, a private prosecution or a motion to pronounce a security measure of compulsory psychiatric treatment;

    4) "convicted" person shall be a person determined by a final decision of a court of law to have committed a criminal offence or an unlawful offence determined by law as a criminal offence, unless he/she is not to be regarded as convicted under the provisions of the Criminal Code;

    5) "prosecutor" shall be a public prosecutor, private prosecutor and subsidiary prosecutor;

    6) "public prosecutor" shall be the Republic Public Prosecutor, an appellate public prosecutor, a higher public prosecutor, a basic public prosecutor, a public prosecutor of special jurisdiction, deputy public prosecutors and persons authorised by law to deputise for the same;

    7) "private prosecutor" shall be a person who has submitted a private prosecution in connection with a criminal offence prosecutable by law by private prosecution;

     8) "subsidiary prosecutor" shall be a person who has taken over prosecution from a public prosecutor;

    9) "party" shall be the prosecutor and the defendant;

    10) "charges" are an indictment, a motion to indict, a private prosecution and a motion to pronounce a security measure, but also an expression serving as a general expression for an act by the prosecutor containing the elements of the criminal offence or unlawful offence determined by law as a criminal offence;

    11) "injured party" shall be a person whose personal or property right has been violated or jeopardised by a criminal offence;

    12) "representative of the injured party" shall be the legal representative and proxy of the injured party, subsidiary prosecutor and private prosecutor;

    13) "police" shall be an authority of the Ministry of Internal Affairs, an officer of that authority and an officer of a corresponding international authority who, in accordance with international law and this Code, undertakes actions on the territory of the Republic of Serbia, its vessel or aircraft, as well as other public authority with police competences, where provided for by this Code or other law;

    14) "proceedings" shall be the pre-investigation proceedings and criminal proceedings;

    15) "authority conducting proceedings" shall be the public prosecutor, the court or other public authority before which the proceedings are being conducted;

    16) "competent bar association" shall be the bar association with which a lawyer is registered;

    17) "grounds for suspicion" shall be a set of facts which indirectly show that a criminal offence has been committed or that a certain person is the perpetrator of a criminal offence;

    18) "grounded suspicion" shall be a set of facts that directly show that a certain person is the perpetrator of a criminal offence;

    19) "justified suspicion" shall be a set of facts which directly substantiate grounded suspicion and justify the filing of an indictment;

    20) "certainty" shall be a conclusion about indubitable existence or non-existence of facts, based on objective standards of reasoning;

    21) "basic examination shall be the questioning of witnesses, expert witnesses or other persons being questioned by a party, defence attorney or an injured party who proposed the questioning;

    22) "cross-examination" shall be the questioning of witnesses, expert witnesses or other persons being questioned by an opposing party or the injured party, following the basic examination;

    23) "deprivation of liberty" shall be an arrest, retaining, prohibition of leaving an abode, detention, and a stay in an institution which is under this Code counted into detention;

    24) "common law marriage" shall be a permanent personal association regulated by law, as well as an association in which a child was born to the parties irrespective of the duration of the association;

    25) "other permanent personal association" shall be an association of two persons which by its duration and mutual obligations has the properties of family life;

    26) "instrument" shall be every object or computer data suitable for or designated as proof of a fact being determined in proceedings (Article 83 paragraphs 1 and 2);

    27) "optical recording" shall be photographic, cinematographic, television or other recording by a technical device which makes a video recording or a video and audio recording;

    28) "audio recording" shall be the recording of speech and other sound effects by technical devices which make an audio recording;

    29) "electronic record" shall be the audio, video or graphical data in electronic (digital) form;

    30) "electronic address" shall be a set of characters, letters, numbers and signals intended for determining the origin of a connection;

     31) "electronic document" shall be a set of data which is defined as an electronic document under the law regulating electronic documents;

    32) "electronic signature" shall be the set of data which is defined as an electronic signature under the law regulating the electronic signature;

    33) "organised criminal group" shall be a group of three or more persons which exists for a certain period of time and acts in collusion with the aim of committing one or more criminal offences punishable by a term of imprisonment of four years or more, for the purpose of direct or indirect acquisition of financial or other gain;

    34) "organised crime" shall represent the commission of criminal offences by an organised criminal group or its members;

    35) "criminal law" shall be the Criminal Code and other law of the Republic of Serbia containing provisions of criminal law;

    36) "transaction" shall be the treatment of property defined as a transaction under the law that regulates the prevention of money laundering;

    37) "data record" shall be the record of data on the parties, business relations and transactions maintained by obligors under the law that regulates the prevention of money laundering;

    38) "classified data" shall be secret data and foreign secret data defined in accordance with the law that regulates classified data.

    Where in the provisions of this Code several authorities of proceedings authorised to undertake the same procedural action are specified, the authorisation shall refer only to that authority of proceedings which is competent to undertake it in the appropriate part of the proceedings.

  • Presumption of Innocence
     Article 3

    Everyone is considered innocent until proven guilty by a final decision of the court.

    Public and other authorities and organisations, the public information media, associations and public figures are required to adhere to the rules referred to in paragraph 1 of this Article, as well as to abstain from violating the rights of the defendant with their public statements on the defendant, the criminal offence and the proceedings.