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(2) The trial may commence even in the absence of duly summoned witness or expertwitness, in which case the chamber shall decide during the trial hearing whether torecess or adjourn the trial owing to the absence of the witness of expert witness.(3) Witnesses or expert witnesses duly summoned but unjustifiably absent from the trialmay be fined up to 100.000 RSD by the chamber, which may also order them brought inby force to a new hearing. In justifiable cases the chamber may repeal the order on thepenalty.4. Trial adjournments and recessesArticle 308(1) Except for cases especially provided for in this Code, trials shall be adjourned by aruling of the chamber where it is necessary to obtain new evidence whose acquisitionrequires a longer period time or where during the trial it is determined that following thecommission of the criminal offence the defendant has come down with mental illness ormental disorder or where there are other obstacles to the successful conduct of the trial.(2) As a rule, the ruling adjourning the trial shall set a date and hour when the trial shallresume. In the same ruling the chamber may order collection of evidence that may belost with the passage of time.(3) The rulings referred to in paragraph 2 of this Article are not appealable.Article 309(1) Adjourned trials may re-commence anew where the composition of the chamber wasaltered, with the proviso that the chamber may rule, after hearing the parties, thatwitnesses and expert witnesses are not examined again, but that their testimony given atearlier trial hearings be read out.(2) Trials which were adjourned and are being held before the same chamber shall becontinued, and the president of the chamber shall briefly recount the course of the earliertrial hearings, with the proviso that even in this case the chamber may rule to order anew trial.(3) Trials which were adjourned and are being held before a new president of thechamber must commence anew and all the evidence shall be adduced again.(4) By exception from paragraph 3 of this Article, the president of the chamber may, afterhearing the parties, ask the chamber referred to in Article 24 paragraph 6 of this Code torule that certain evidence does not need to be adduced again.(5) Where the chamber referred to in Article 24 paragraph 6 of this Code finds that dueto the passage of time, the protection of witnesses or other important reasons it wouldbe justified that certain witnesses and expert witnesses are not examined again, it shallissue a ruling ordering that records of their testimony given at the earlier trial be readout. These rulings are not appealable.
(6) The president of the chamber is required to notify the president of the court about alladjournments lasting more than two months.Article 310(1) Besides the cases specified in this Code, the president of the chamber may adjournthe trial for the purpose of obtaining certain evidence within a short period of time, for thepurpose of preparing the prosecution or defence, for a recess or end of office hours.(2) As a rule, a trial that has been adjourned shall be continued on the next workday.(3) A trial that has been adjourned shall always be continued before the same chamber.(4) Where a trial cannot be continued before he same chamber or the adjournmentlasted more than eight days, the provisions of Article 309 of this Code shall be applied.Article 311If during the trial before a chamber composed of one judge and two lay judges it shouldbe established that the facts on which the charges are founded indicate the commissionof a criminal offence which shall be tried by a chamber made up of two judges and threelay judges, the chamber shall be expanded accordingly and the trial shall commenceanew.5. The trial recordArticle 312(1) A record shall be kept of the trial which shall in its essence contain a summary of thework and the entire course of the trials.(2) The provisions of Article 179 of this Code shall be applied accordingly to audiorecording of the course of the trial. Permission to make an audio recording shall beissued by the president of the chamber.(3) The president of the chamber may, on a motion by a party or ex officio, order thestatements he deems particularly important to be entered in the record verbatim.(4) If necessary, and especially where the statements of a person are entered in therecord verbatim, the president of the chamber may order that part of the record to beread out immediately, and it shall always be read out when requested so by a party,defence counsel or the person whose statement has been entered in the record.Article 313(1) The record must be completed by the end of the hearing. The record shall be signedby the president of the chamber and the recorder.
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THE CRIMINAL PROCEDURE CODE(Officia
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(2) Any person deprived of liberty
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Any form of violence and extortion
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Article 24(1) First-instance courts
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If it cannot be determined under th
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(1) If a court to which a case has
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(1) The president of the court rule
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The territorial jurisdiction of the
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temporary residence on justifiable
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(2) In the case of a failure of agg
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(3) Accused persons tried in absent
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(1) Searches of the abode and other
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or bring in an accused person, in o
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(3) Where the interests of the proc
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defence counsel is not present alth
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3) persons who would by their state
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(2) Witnesses shall always be asked
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(1) Where there exist circumstances
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Article 109đThe court is required
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(3) As a rule, persons questioned a
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Where expert opinions contain contr
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the basis of a substantiated propos
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(6) Photographs, audio recording, o
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(2) The order to have the accused p
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themselves make a promise before th
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as the evidence due to which it was
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(3) An appeal against the ruling re
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(6) The dispatch of a request, comp
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Article 158(1) Unless prescribed ot
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eing served for a response, shall b
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the proceedings who agrees to deliv
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(1) A record shall be kept of every
Page 65 and 66: investigating judge shall ex offici
Page 67 and 68: (4) Accused persons in detention ma
Page 69 and 70: (2) The costs of criminal proceedin
Page 71 and 72: criminally prosecutable ex officio,
Page 73 and 74: (5) Where a court finds it does not
Page 75 and 76: Article 206(1) Indemnification clai
Page 77 and 78: (1) Where the application of crimin
Page 79 and 80: 5) Convicted persons, accused perso
Page 81 and 82: (3) Collection of information from
Page 83 and 84: (5) If during the interrogation the
Page 85 and 86: (1) The public prosecutor may reque
Page 87 and 88: (3) Suspects are required to fulfil
Page 89 and 90: B. PRELIMINARY PROCEEDINGSChapter X
Page 91 and 92: (2) The investigating judge may als
Page 93 and 94: (1) During the investigation partie
Page 95 and 96: 2) if the statutory limit for prose
Page 97 and 98: (3) When the investigating judge fi
Page 99 and 100: 6) a statement of reasons indicatin
Page 101 and 102: (1) If the chamber does not deny th
Page 103 and 104: Article 280(1) Decisions of the cha
Page 105 and 106: (4) In the agreement on the admissi
Page 107 and 108: (3) Rulings on appeals referred to
Page 109 and 110: (4) Aggrieved parties summoned as w
Page 111 and 112: aggrieved also allow the attendance
Page 113 and 114: (5) Other decisions in connection w
Page 115: (2) Where a subsidiary prosecutor o
Page 119 and 120: public. The ordering part of the ju
Page 121 and 122: (1) General provisions on interroga
Page 123 and 124: (2) The president of the chamber sh
Page 125 and 126: (1) Records of crime scene inspecti
Page 127 and 128: indictment are not allowed. If the
Page 129 and 130: 1) that the court has no material j
Page 131 and 132: 7) a decision on the costs of the c
Page 133 and 134: (3) The president of the chamber sh
Page 135 and 136: mistakes in writing and calculation
Page 137 and 138: of time. If the appellant fails to
Page 139 and 140: 2) whether there exist circumstance
Page 141 and 142: to notify one or more parties about
Page 143 and 144: 2) whether the Criminal Code was vi
Page 145 and 146: (2) If the court of second instance
Page 147 and 148: (1) The parties and persons whose r
Page 149 and 150: 4) where after a judgement becomes
Page 151 and 152: facts would have led to the applica
Page 153 and 154: had been convicted, the court shall
Page 155 and 156: The Court shall issue a judgement d
Page 157 and 158: (2) If the investigating judge does
Page 159 and 160: Article 442(1) The judge shall summ
Page 161 and 162: (10) If the public prosecutor was n
Page 163 and 164: (2) The accused may file an objecti
Page 165 and 166: part of the ruling on a judicial ad
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terrorism (Article 391 of the Crimi
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(3) The measures referred to in par
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(1) The measure referred to in Arti
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measure, a description of the techn
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Article 504n(1) The undercover oper
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(2) The public prosecutor, the pers
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the perpetrator to a health-care in
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he is still so dangerous for his su
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Where confiscation of proceeds from
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(1) Where under the law rehabilitat
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PROCEDURE FOR INDEMNIFICATION,REHAB
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2) persons who had served a sentenc
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(5) The years of social insurance r
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prosecution, and after the effectiv
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This law shall enter into force on
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