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the text of the oath, and deaf or mute witnesses who can neither read nor write, shalltake the oath with the help of an interpreter.(5) Any refusals by witnesses to take the oath and their grounds for doing so shall beentered in the record.The following may not take oaths:Article 1071) persons who have not reached the age of majority;2) persons for whom it has been proven or there exists reasonable suspicion that theyhad committed or participated in the commission of the criminal offence in connectionwith which they are being questioned;3) who due to their mental state of health cannot comprehend the significance of theoath.Article 108(1) Where witnesses duly summoned fail to appear and fail to justify their absence, orwithout authorisation or a justifiable reason leave the location where they were to bequestioned, may be ordered brought in by force, and may also be punished with a fine ofup to 100,000 RSD.(2) Witnesses who do appear and after being cautioned about the consequences refuseto testify without legal justification, may be punished with a fine of up to 100,000 RSD,and if still refusing to testify, may be punished again with the same sanction.(3) Rulings on appeals against the order on the fine shall be rendered by a chamber(Article 24 paragraph 6).Article 109(1) The court is required to protect witnesses and aggrieved parties from insults, threatsand any other form of attack.(2) The court shall duly caution or punish with a fine any participants in the proceedingsor other persons in court who insult witnesses or aggrieved parties, threaten them orendanger their safety. In the event of violence or a serious threat, the court shall notifythe public prosecutor for the purpose of instituting criminal prosecution. In respect offines, the provisions of Article 108 of this Code shall be applied accordingly.(3) Acting on a proposal of the investigating judge or the president of the chamber, thepresident of the court or public prosecutor may ask interior ministry officials to undertakespecial measures to protect witnesses and aggrieved parties.Article 109a
(1) Where there exist circumstances indicating that the lives and limb, health, liberty orproperty to a substantial degree of witnesses or persons close to them would bethreatened by their testimony in public, especially where criminal offence of organisedcrime, corruption or other extremely serious criminal offences are concerned, the courtmay issue a ruling authorising special protective measures for the witness (protectedwitness).(2) Special protective measures for witnesses include their questioning in a mannerensuring that their identities are not revealed, and physical security measures during theproceedings.Article 109b(1) Rulings on special witness protection may be issued by the court ex officio, or at therequest of the parties, or the witness himself.(2) The ruling referred to in paragraph 1 of this Article shall contain the following: data onthe criminal offence about which the witness is being examined, the witness’s personaldata, the facts and evidence indicating that in the event of testifying in public there is aserious and real danger for the lives, limb, health, liberty or property of the witness andpersons close to the witness, and a description of the circumstances to which thetestimony relates.(3) Requests shall be filed in sealed covers carrying the inscription "witness protection –official secret" and submitted during the investigation stage to the investigating judge,and after the indictment assumes legal force, to the president of the chamber.(4) Where a witness during questioning by the investigating judge declines to provideinformation about himself, answers to certain questions, or testimony in its entirety,pointing to the existence of the circumstances referred to in 109a paragraph 1 of thisCode, it shall be deemed that he has submitted a request for special protectivemeasures, following which the investigating judge, if he finds the danger to be wellfounded,shall call him to act within a period of three days in accordance with theprovisions of paragraphs 2 and 3 of this Article. Where the investigating judge finds thatwithholding of data, responses to questions or testimony is obviously unjustified, or thewitness fails to act in accordance with the provisions of paragraphs 2 and 3 of this Articlewithin the prescribed time limit, the provisions of Article 108 paragraph 2 of this Codeshall be applied.Article 109v(1) Rulings on special witness protection measures are rendered during the investigationstage by the investigating judge, and after the indictment takes legal effect the trialchamber, if in session, or the chamber referred to in Article 24 paragraph 6 of this Codeif the trial chamber is not in session. In ruling on special witness protection measures,the trial chamber shall exclude the public (Article 292 and Article 293 paragraph 1),without the exceptions prescribed in Article 293 paragraph 2 of this Code.(2) Where the investigating judge is not satisfied with the request referred to in Article109b of this Code, the investigating judge shall ask the chamber (Article 24 paragraph 6)
Page 1 and 2: THE CRIMINAL PROCEDURE CODE(Officia
Page 3 and 4: (2) Any person deprived of liberty
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: (2) Witnesses shall always be asked
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
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 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 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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