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Chapter XXIXaSPECIAL PROVISIONS ON PROCEEDINGS FORCRIMINAL OFFENCES OF ORGANISED CRIME,CORRUPTION AND OTHER EXCEPTIONALLYSERIOUS CRIMINAL OFFENCES1. General provisionsArticle 504a(1) The provisions of this chapter contain special rules of procedure related to criminaloffences of organised crime, corruption and other exceptionally serious criminaloffences.(2) Unless specified otherwise by the provisions of this chapter in cases referred to inparagraph 1 of this Article, other provisions of this Code shall apply accordingly.(3) The organised crime referred to in paragraph 1 of this Article is the commission ofcriminal offences by organised criminal group or its members.(4) The organised criminal group referred to in paragraph 3 of this Article shall mean agroup of three or more persons existing for a certain period of time and acting in concertfor the purpose of committing one or more criminal offences punishable by terms ofimprisonment of four years or more severe punishment, for the purpose of acquiring,directly or indirectly, financial and other benefits.(5) The criminal offences of corruption referred to in paragraph 1 of this Article, even ifnot the result of the activities of organised criminal group, include the following criminaloffences: abuse of official position (Article 359 of the Criminal Code), trading in influence(Article 366 of the Criminal Code), taking bribes (Article 367 of the Criminal Code) andoffering bribes (Article 368 of the Criminal Code).(6) The other exceptionally serious criminal offences referred to in paragraph 1 of thisArticle, even if they are not the result of the activities of an organised criminal group,include the following criminal offences: murder (Article 113 of the Criminal Code),aggravated murder (Article 114 of the Criminal Code), abduction (Article 134 paragraphs1 to 4 of the Criminal Code), robbery (Article 206 paragraph 2 of the Criminal Code),extortion (Article 214 paragraphs 3 and 4 of the Criminal Code), counterfeiting money(Article 223 paragraphs 1 to 3 of the Criminal Code), money laundering (Article 231paragraphs 1 to 4 of the Criminal Code), unlawful production and circulation of narcoticdrugs (Article 246 paragraphs 1 and 3 of the Criminal Code), criminal offences againstthe constitutional order and security of the Republic of Serbia (Articles 305 to 321 of theCriminal Code), illegal manufacture, possession and sale of weapons and explosivematerials (Article 348 paragraph 3 of the Criminal Code), illegal border crossings andhuman trafficking (Article 350 paragraphs 2 and 3 of the Criminal Code), humantrafficking (Article 388 paragraphs 1 to 6, 8 and 9 of the Criminal Code), trafficking inminors for adoption (Article 389 paragraphs 1 and 2 of the Criminal Code), international
terrorism (Article 391 of the Criminal Code), taking hostages (Article 392 of the CriminalCode) and financing terrorism (Article 393 of the Criminal Code).(7) The provisions of this chapter related to criminal offences referred to in paragraph 3of this Article shall also apply to the procedure for criminal offences referred to in Articles370 through 384 and Articles 385 and 386 of the Criminal Code, as well as to theprocedure for serious violations of international humanitarian law committed on theterritory of the former Yugoslavia since January 1, 1991 listed in the Statute of theInternational Criminal Tribunal for the Former Yugoslavia.(8) The provisions of this chapter related to criminal offences referred to in paragraph 3of this Article shall also apply to the procedure in connection with criminal offencesreferred to in Article 322 paragraphs 3 and 4, Article 323 paragraphs 3 and 4, Article335, Article 336 paragraphs 1, 2 and 4, Article 336b, Article 337 paragraphs 1, 3 and 4and Article 339 of the Criminal Code, if committed in connection with the criminaloffences referred to in paragraph 3 of this Article, as well as to the procedure inconnection with criminal offence referred to in Article 333 of the Criminal Code, ifcommitted in connection with the criminal offences referred to in paragraphs 3 and 7 ofthis Article.Article 504bPublic authorities and officials taking part in criminal proceedings for the criminaloffences referred to in Article 504a of this Code are required to act with expediency.Article 504v(1) Data on preliminary criminal proceedings and investigatory proceedings inconnection with the criminal offences referred to in Article 504a of this Code are deemedofficial secrets. Besides officials, the data may not be divulged by other participants inproceedings to whom the data become available. The official before whom theproceedings are being conducted is required to instruct participants in proceedingsabout the duty of maintaining confidentiality.(2) Data on preliminary criminal proceedings and investigatory proceedings inconnection with the criminal offences referred to referred to in Article 504a of this Codemay be made public only on the basis of a written authorisation of the competent publicprosecutor or investigating judge.Article 504g(1) A chamber made up of three judges shall adjudicate first instance proceedings forcriminal offences referred to in Article 504a paragraph 3 of this Code, and a chambermade up of five judges in the second instance.(2) Appeals against first-instance court judgements in proceedings for the criminaloffences referred to in Article 504a paragraph 3 of this Code may be lodged byauthorised persons within 30 days of the date of delivery of the judgement.
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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
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investigating judge shall ex offici
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(4) Accused persons in detention ma
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(2) The costs of criminal proceedin
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criminally prosecutable ex officio,
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(5) Where a court finds it does not
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Article 206(1) Indemnification clai
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(1) Where the application of crimin
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5) Convicted persons, accused perso
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(3) Collection of information from
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(5) If during the interrogation the
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(1) The public prosecutor may reque
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(3) Suspects are required to fulfil
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B. PRELIMINARY PROCEEDINGSChapter X
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(2) The investigating judge may als
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(1) During the investigation partie
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2) if the statutory limit for prose
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(3) When the investigating judge fi
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6) a statement of reasons indicatin
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(1) If the chamber does not deny th
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Article 280(1) Decisions of the cha
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(4) In the agreement on the admissi
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(3) Rulings on appeals referred to
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(4) Aggrieved parties summoned as w
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aggrieved also allow the attendance
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(5) Other decisions in connection w
Page 115 and 116: (2) Where a subsidiary prosecutor o
Page 117 and 118: (6) The president of the chamber is
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: part of the ruling on a judicial ad
Page 169 and 170: (3) The measures referred to in par
Page 171 and 172: (1) The measure referred to in Arti
Page 173 and 174: measure, a description of the techn
Page 175 and 176: Article 504n(1) The undercover oper
Page 177 and 178: (2) The public prosecutor, the pers
Page 179 and 180: the perpetrator to a health-care in
Page 181 and 182: he is still so dangerous for his su
Page 183 and 184: Where confiscation of proceeds from
Page 185 and 186: (1) Where under the law rehabilitat
Page 187 and 188: PROCEDURE FOR INDEMNIFICATION,REHAB
Page 189 and 190: 2) persons who had served a sentenc
Page 191 and 192: (5) The years of social insurance r
Page 193 and 194: prosecution, and after the effectiv
Page 195 and 196: This law shall enter into force on
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