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2) to defend himself alone or with the professional assistance of a defence counselof his own choosing from list of lawyers;3) to have his defence counsel present at his interrogation;4) to be brought before the court as soon as possible and tried in an impartial andfair manner and within a reasonable period of time;5) to be provided enough time and facilities to prepare his defence;6) to declare himself on all the facts and evidence against him and to present factsand evidence in his favour, either alone or through his counsel, to question prosecutionwitnesses and request that defence witnesses are questioned under the sameconditions as the prosecution witnesses, in his presence;7) to be provided with a translator and interpreter if he does not understand andspeak the language used in the proceedings.(2) The court or other state authority is required to:1) To ensure that an accused person or suspect exercises all his rights, as providedfor in paragraph 1 of the present Article;2) Prior to the first interrogation, to warn the accused person or suspect that anystatement he makes may be used as evidence against him and instruct him about theright to engage a defence counsel and the right to have the defence counsel attend hisinterrogation.(3) If the accused person or the suspect does not engage a defence counsel, thecourt shall appoint him a defence counsel where so prescribed by this Code.(4) An accused person who cannot afford a counsel, shall be, at his request,assigned a defence counsel at the expense of the Court’s budget in accordance with thisCode.(5) An accused person that is accessible to the court can be tried only in hispresence, except where in absentia trials are explicitly permitted by this Code.(6) An accused person who is accessible to the court cannot be punished if he is notallowed to be heard and to defend himself.Article 5(1) A person deprived of liberty without a court decision shall immediately be advisedthat he is not obliged to make any statement, that any statement he makes may be usedas evidence against him, and that he has the right to be interrogated in presence of adefence counsel who shall be appointed at the expense of budget funds, if he cannotafford one.
(2) Any person deprived of liberty without a court decision, must, without delay and notlater than within 48 hours, be handed over to the competent Investigating judge, failingwhich he shall be released.(3) In addition to the rights pertaining to accused persons and suspects pursuant toArticle 4 of this Code, a person deprived of liberty shall have the following additionalrights:1) that at his request the time, location and any change of location of deprivation ofliberty is communicated without delay to a family member or another person close tohim, as well as to a diplomatic-consular representative of the state whose citizen he is,i.e. an international organisation representative if the person is a refugee or a personwithout citizenship;2) to have undisturbed communication with his defence counsel, diplomatic-consularrepresentative, representative of international organisation and the Protector of Citizens(Ombudsman);3) to be examined, at his own request and without delay, by a physician of his ownchoosing, and if that is not possible, by a physician designated by the authority in chargeof deprivation of liberty, or the investigating judge;4) to initiate proceedings before a court or lodge an appeal with a court, which isrequired to decide without delay on the legality of his detention.(4) any violence against persons deprived of liberty or persons with limited freedom isprohibited and punishable. Such persons must be treated humanly, respecting thedignity of their person.Article 6(1) No one shall be prosecuted and sanctioned for a criminal offence for which he hasalready been acquitted or convicted by a final judgment, or for which criminalproceedings have been discontinued by a final decision, or the charges have beenthrown out by a final decision.(2) In criminal proceedings in connection with an extraordinary judicial remedy a finalcourt judgment cannot be revised to the detriment of the accused person.Article 7(1) The official language in criminal proceedings is the Serbian language and the Cyrillicscript. Other languages and alphabets are officially used pursuant to the Constitutionand the law.(2) In courts whose territorial jurisdictions cover areas national minorities, theirlanguages and scripts are also in official use in criminal proceedings, in accordance withthe Constitution and the law.Article 8
Page 1: THE CRIMINAL PROCEDURE CODE(Officia
Page 5 and 6: Any form of violence and extortion
Page 7 and 8: Article 24(1) First-instance courts
Page 9 and 10: If it cannot be determined under th
Page 11 and 12: (1) If a court to which a case has
Page 13 and 14: (1) The president of the court rule
Page 15 and 16: The territorial jurisdiction of the
Page 17 and 18: temporary residence on justifiable
Page 19 and 20: (2) In the case of a failure of agg
Page 21 and 22: (3) Accused persons tried in absent
Page 23 and 24: (1) Searches of the abode and other
Page 25 and 26: or bring in an accused person, in o
Page 27 and 28: (3) Where the interests of the proc
Page 29 and 30: defence counsel is not present alth
Page 31 and 32: 3) persons who would by their state
Page 33 and 34: (2) Witnesses shall always be asked
Page 35 and 36: (1) Where there exist circumstances
Page 37 and 38: Article 109đThe court is required
Page 39 and 40: (3) As a rule, persons questioned a
Page 41 and 42: Where expert opinions contain contr
Page 43 and 44: the basis of a substantiated propos
Page 45 and 46: (6) Photographs, audio recording, o
Page 47 and 48: (2) The order to have the accused p
Page 49 and 50: themselves make a promise before th
Page 51 and 52: as the evidence due to which it was
Page 53 and 54:
(3) An appeal against the ruling re
Page 55 and 56:
(6) The dispatch of a request, comp
Page 57 and 58:
Article 158(1) Unless prescribed ot
Page 59 and 60:
eing served for a response, shall b
Page 61 and 62:
the proceedings who agrees to deliv
Page 63 and 64:
(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
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(1) Where the application of crimin
Page 79 and 80:
5) Convicted persons, accused perso
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(3) Collection of information from
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(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
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2) if the statutory limit for prose
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(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 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
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(1) General provisions on interroga
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(2) The president of the chamber sh
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(1) Records of crime scene inspecti
Page 127 and 128:
indictment are not allowed. If the
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1) that the court has no material j
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7) a decision on the costs of the c
Page 133 and 134:
(3) The president of the chamber sh
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mistakes in writing and calculation
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of time. If the appellant fails to
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2) whether there exist circumstance
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to notify one or more parties about
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2) whether the Criminal Code was vi
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(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
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(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
Page 167 and 168:
terrorism (Article 391 of the Crimi
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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