Legal Acts in English

The Public Prosecutor's Office shall be a unique and independent state authority that is prosecuting the perpetrators of criminal and other punishable offences and performs other competences whereby the public interest laid down by the law is protected.

The Public Prosecutor's Office shall perform their competences based on the Constitution, ratified international treaties, laws, generally accepted rules of the international law and other general acts, that have been passed in accordance with the law.

No one outside of the Public Prosecutor's Office shall influence the Public Prosecutor's Office or the holders of the Public Prosecutor's function while acting and deciding in individual cases.

Establishing, dissolution, organization and competence of the Public Prosecutor's Office shall be regulated by the law.

The supreme public prosecutor's office in the Republic of Serbia shall be the Supreme Public Prosecutor's Office, which shall be managed by the Supreme Public Prosecutor.

The public prosecutorial function shall be performed by the Supreme Public Prosecutor, heads of public prosecutors' offices and the public prosecutors.

The Supreme Public Prosecutor and the heads of public prosecutors' offices shall have hierarchical powers in managing the public prosecutors' offices relative to the actions of lower heads of public prosecutors' offices and public prosecutors in a concrete case.

The hierarchical powers and the legal remedies against them shall be regulated in more detail by the law.

• Responsibility*
   Article 156*

  The Supreme Public Prosecutor shall be held accountable for the work of the public prosecutor's office and for his/her own work to the National Assembly. The Supreme Public Prosecutor shall not be held accountable to the National Assembly for the actions in individual cases.

  The heads of public prosecutors' offices shall be held accountable for the work of the public prosecutor's office and for their own work to the Supreme Public Prosecutor and to the immediately superior head of public prosecutor's office, in accordance with the law.

  The public prosecutors shall be held accountable for their work to the heads of public prosecutors' offices, in accordance with the law.

The Supreme Public Prosecutor shall issue general mandatory instructions for actions of all the heads of public prosecutors' offices in order to achieve legality, effectiveness and uniformness in action.

The immediately superior head of public prosecutor's office may issue to a subordinate head of public prosecutor's office a mandatory instruction for action in an individual case in case of doubt in efficiency or legality of his/her actions. The Supreme Public Prosecutor may issue such an instruction to each head of public prosecutors' offices.

The head of public prosecutor's office may issue mandatory instruction for work and action to the public prosecutor.

The heads of public prosecutors' offices and the public prosecutors shall be obliged to comply with the mandatory instructions.

The subordinate heads of public prosecutors' offices or the public prosecutors who are considering the mandatory instructions to be unlawful or unfounded shall have the right to objection, in accordance with the law.

The Supreme Public Prosecutor shall be elected by the National Assembly for a period of six years, at the proposal of the High Prosecutorial Council following a public competition, by a three-fifths majority vote of all the deputies, in accordance with the law.

The High Prosecutorial Council shall propose to the National Assembly one candidate for Supreme Public Prosecutor.

If the National Assembly does not elect the Supreme Public Prosecutor within the time limit for that, following the expiry of the following ten days' term he/she shall be elected, among all the candidates fulfilling the conditions for election, a commission comprising of the President of the National Assembly, President of the Constitutional Court, President of the Supreme Court, Supreme Public Prosecutor and the Protector of Citizens, by a majority vote.

The same person cannot be re-elected Supreme Public Prosecutor.

The Supreme Public Prosecutor shall be elected by the High Prosecutorial Council, for a period of six years.

Prior to the expiry of the term for which he/she is elected, the term of office shall be terminated for the Supreme Public Prosecutor and the heads of the public prosecutors' offices: upon his/her request, in case that the public prosecutor's office is revoked, in case of permanent disability to perform the function of the head of public prosecutor's office, in case of termination of the citizenship of the Republic of Serbia or in case of his/her dismissal.

The Supreme Public Prosecutor and the heads of public prosecutors' offices shall be dismissed in case that they are convicted of a criminal offence punishable by imprisonment of six months at the least or in case of occurrence of a legally envisaged reason for their dismissal.

The head of public prosecutor's office shall have the right to lodge an appeal against the decision of the High Prosecutorial Council on termination of his/her term of office with the Constitutional Court, which shall exclude the right to constitutional appeal.

The Supreme Public Prosecutor and the heads of public prosecutors' offices whose terms of offices are terminated shall retain the position of public prosecutors, in accordance with the law.

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Conditions for election of the heads of public prosecutors' offices and public prosecutors shall be regulated by the law.

The term of office of a public prosecutor shall be permanent.

The term of office shall be terminated for a public prosecutor prior to the retirement: upon his/her request, in case of a permanent disability to perform the function of a public prosecutor, in case of termination of the citizenship of the Republic of Serbia or in case of dismissal.

A public prosecutor shall be dismissed if he/she is convicted of a criminal offence punishable by imprisonment of six months at the least or in case that it is determined in a disciplinary procedure that he/she has committed a grave disciplinary offence that is, according to the assessment of the High Prosecutorial Council, gravely damaging the reputation of the public prosecutor's office or the public trust in public prosecution.

The decision on termination of the term of office of a public prosecutor shall be passed by the High Prosecutorial Council.

A public prosecutor shall have the right to lodge an appeal against the decision of the High Prosecutorial Council on termination of the term of office with the Constitutional Court, which shall exclude the right to a constitutional appeal.

The Supreme Public Prosecutor, the head of public prosecutors' offices and the public prosecutors may not be held accountable for the opinions provided or the decisions passed in relation to the performance of function, except where they commit a criminal offence of the violation of law by a judge or a public prosecutor.

The Supreme Public Prosecutor, the heads of public prosecutors' offices and the public prosecutors may not be deprived of liberty without an approval of the High Prosecutorial Council in the proceedings initiated due to criminal offence committed in relation to the performance of their function.

The functions, actions or the private interests incompatible with the functions of the Supreme Public Prosecutor, head of public prosecutor's office and the public prosecutor shall be regulated by the law.

• Competence of the High Prosecutorial Council*
   Article 162*

  The High Prosecutorial Council is an autonomous state authority that ensures and guarantees independence of the public prosecution, Supreme Public Prosecutor, heads of public prosecutors' offices and public prosecutors.

  The High Prosecutorial Council shall propose to the National Assembly election and termination of the term of office of the Supreme Public Prosecutor, appoint the acting Supreme Public Prosecutor, elect the heads of the public prosecutors' offices and public prosecutors and decide on the termination of their terms of offices, decide on other issues relating to the status of the Supreme Public Prosecutor, heads of public prosecutors' offices and public prosecutors and perform other competences laid down by the Constitution and the law.

• Composition of the High Prosecutorial Council*
   Article 163*

  The High Prosecutorial Council shall have 11 members: five public prosecutors elected by the heads of prosecutors' offices and public prosecutors, four prominent lawyers elected by the National Assembly, the Supreme Public Prosecutor and the Minister in charge of the judiciary.

  The Minister in charge of the judiciary shall not vote in the procedure of determining disciplinary responsibility of a public prosecutor.
  

  The election of the members of the High Prosecutorial Council among the public prosecutors shall be regulated by the law.
  

  In the course of electing the public prosecutors to the High Prosecutorial Council, account shall be taken of the broadest representation of the public prosecutors.
  

  The National Assembly shall elect four members of the High Prosecutorial Council among the prominent lawyers having at least ten years of experience in the legal profession, among eight candidates proposed by the competent committee of the National Assembly, following a public competition, by a two-thirds majority vote of all the deputies, in accordance with the law.
  

  In case that the National Assembly fails to elect all the four members within the time limit laid down by the law, the remaining members shall be elected, following the expiry of the legally determined time limit, among all the candidates fulfilling the conditions for election, by the commission comprising of the President of the National Assembly, President of the Constitutional Court, President of the Supreme Court, Supreme Public Prosecutor and the Protector of Citizens, by a majority vote.
  

  The head of the public prosecutor's office may not be elected to the High Prosecutorial Council.
  

  The member of the High Prosecutorial Council elected by the National Assembly must be worthy of that function.
  

  The member of the High Prosecutorial Council elected by the National Assembly may not be a member of any political party.
  

  Other conditions for election and incompatibility with the function of a member of the High Prosecutorial Council elected by the National Assembly shall be regulated by the law.

• Term of Office of the Members of High Prosecutorial Council and the President and Vice-President of the High Prosecutorial Council*
   Article 164*

  A member of the High Prosecutorial Council shall be elected for a period of five years.

  The same person may not be re-elected to the High Prosecutorial Council.
  

  The High Prosecutorial Council shall have the President and the Vice-President.  The President of the High Prosecutorial Council shall be elected by the High Prosecutorial Council among the members who are public prosecutors, and the Vice-President shall be elected among the members elected by the National Assembly, for a period of five years.
  

  Prior to the expiry of the term for which he/she is elected, the term of office of a member of the High Prosecutorial Council shall be terminated upon his/her request or in case that he/she is convicted of a criminal offence punishable by imprisonment of six months at the least. The term of office of the member who is a public prosecutor shall also be terminated upon the termination of the term of office of the public prosecutor, and the term of office of a member who is not a public prosecutor shall also be terminated in case of disability for performance of the function of a member of the High Prosecutorial Council.
  

  The decision on termination of the term of office of a member of the High Prosecutorial Council shall be passed by the High Prosecutorial Council. Appeals shall be permitted against the decision with the Constitutional Court, which shall exclude the right to a constitutional appeal.

• Legal Remedies against Decisions of the High Prosecutorial Council*
   Article 165*

  Appeals shall be permitted against the decisions of the High Prosecutorial Council with the Constitutional Court, in the cases prescribed by the Constitution and the law. An appeal lodged with the Constitutional Court shall exclude the right to submission of a constitutional appeal.

• Immunity of the members of the High Prosecutorial Council*
   Article 165a*

  The members of the High Prosecutorial Council may not be held responsible for the opinions provided in relation to performance of the function of the members of the High Prosecutorial Council and for voting on occasion of passing of the decisions of the High Prosecutorial Council.

  The members of the High Prosecutorial Council may not be deprived of liberty without an approval by the High Prosecutorial Council in the proceedings initiated due to the criminal offence committed by them as members of the High Prosecutorial Council.