(1) Private prosecutions, indictments and motions to indict by subsidiary prosecutors,proposals, legal remedies and other affidavits and statements shall be submitted inwriting or given orally for the record.(2) The briefs referred to in paragraph 1 of this Article must be comprehensible andcontain everything necessary for them to be acted on.(3) Unless prescribed otherwise in this Code, the court shall invite persons submittingbriefs which are not comprehensible or do not include everything required for them to beacted upon to rectify their briefs or amend them, and if they fail to do so by a prescribedtime limit, the brief shall be dismissed by the court.(4) The court’s instruction for rectification of the brief shall contain a caution about theconsequences of non-compliance.(5), The court may in accordance with the Rules of Court allow parties, aggrieved partiesand other participants to submit to the court their briefs, legal remedies, other affidavitsand statements in electronic form.(6) The records and documents referred to in paragraph 5 of this Article are also kept inthe court in electronic form, in accordance with the Rules of Court.Article 172Briefs which are pursuant to this Code served to the adverse party shall be delivered tothe court in a number of copies sufficient for the court and the other party. Where suchbriefs have not been delivered to the court in a sufficient number of copies, the courtshall make additional copies at the expense of the submitting party.Article 173(1) The court is required to protect its own reputation and those of parties and otherparticipants in proceedings from insults, threats or any other assaults.(2) The court shall impose a fine of up to 100,000 RSD on a defence counsel, proxy,legal representative, aggrieved party, private prosecutor or subsidiary prosecutor who ina brief or verbally offends the court or a person participating in the proceedings. Rulingson the penalty shall be issued by the investigating judge, or the chamber before whichthe statement was made, and if it was made in a brief – the court that is to decide on thebrief. Appeals may be filed against the ruling. Where a public prosecutor or personrepresenting the public prosecutor offends another, the competent public prosecutorshall be notified thereof. The bar association shall be notified of penalties imposed onlawyers or trainee lawyers.(3) The fines imposed under paragraph 1 of this Article in no way affect prosecution andpronouncement of penalties for a criminal offence committed by an insult.Article 174
(1) A record shall be kept of every action conducted during criminal proceedings as it isbeing performed, and when that is not possible, immediately following the action.(2) The record shall be made by a recorder. Only in the cases of searches of abodes orpersons, or actions conducted outside the official premises of the authority when arecorder cannot be secured, the record may be made by person performing the action.(3) Where a recorder is making the record, the record is made by the person performingthe action stating aloud to the recorder what to enter in the record.(4) Persons being interrogated may be allowed to dictate their responses for the record.In cases of abuses of this right, it may be denied.Article 175(1) The record shall contain the name of the public authority before which the action isbeing performed, the location where the action is being performed, the date and the timeof commencement and conclusion of the action, the first names and surnames of thepersons present and their capacities, and an indication of the criminal case in connectionwith the action is being performed.(2) The record shall contain essential data about the course and contents of the actionsperformed. Only the essence of all statements and testimony given shall be entered inthe record, in narrative form. Questions posed shall be entered only if is required toclarify the answers given. When it is deemed necessary or at the request of parties ordefence counsel, the question asked and the answer given shall be entered in the recordverbatim. In cases this right is abused, it may be denied. Where during the performanceof an action objects and documents are seized, it shall be so entered in the record, andthe items seized shall be attached to the record or the record shall contain the locationwhere they are being kept.(3) The court of trial hearings may also be recorder by a stenographer. Stenographicnotes shall within 48 hours be transcribed, inspected, signed by the stenographer andattached to the files.(4) During the performance of actions such as a crime scene inspections, searches ofabodes or persons, or identifications of persons or objects (Article 104), other data shallbe entered in the record which are important in view of the nature of the action or for thepurpose of identifying certain objects (description, dimensions and sizes of the objects ortraces, placement of markings on objects etc.), a where sketches and drawings, plans,photographs, video recordings etc. have been made – that shall be entered in the recordand attached to the record.Article 176(1) Records shall be kept in an orderly manner. There may be no erasures, additions orchanges in records. Everything that has been crossed out must remain clear.
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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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(5) Other decisions in connection w
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(2) Where a subsidiary prosecutor o
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(6) The president of the chamber is
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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
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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
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(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
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(1) The parties and persons whose r
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4) where after a judgement becomes
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facts would have led to the applica
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had been convicted, the court shall
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The Court shall issue a judgement d
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(2) If the investigating judge does
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Article 442(1) The judge shall summ
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(10) If the public prosecutor was n
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(2) The accused may file an objecti
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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