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(1) Where a court convicts an accused person, it shall state in the judgement that theaccused person is required to pay the costs of the criminal proceedings.(2) Persons charged in connection with several criminal offences shall not be convictedto pay costs in respect of the charges of which they were acquitted, if it is possible tocalculate a specific amount in the total amount of the costs.(3) In judgements in which several accused persons were convicted, the court shalldetermine the proportion of the total costs that shall be paid by each of them, and if thatis not possible, shall find them jointly liable for the costs. Lump sum payments shall bedetermined for each accused person separately.(4) In the decision in which it rules on costs, the court may relieve an accused person ofthe duty to pay the full costs or partial costs of criminal proceedings referred to in Article193 paragraph 2 items 1) to 6) and 9) of this Code, if that payment would jeopardise thelivelihood of the accused person or the support of a person or persons the accusedperson is required to support. Where these circumstances are determined after theissuance of a decision on costs, the president of the chamber may issue a separateruling relieving the accused person of the duty to compensate the costs of criminalproceedings.Article 197(1) Where criminal proceedings are discontinued, where the accused person is acquittedof the charges or where the charges are dismissed, it shall be stated in the ruling orjudgement that the costs of the criminal proceedings referred to in Article 193 paragraph2 items 1) to 6) of this Code, as well as the necessary expenses of the accused personand the necessary expenses and fee of the defence counsel shall be paid from budgetfunds, except in the cases referred to in the following paragraphs.(2) Under a separate ruling persons convicted by a final judgement of the criminaloffence of false reporting shall bear the costs of the criminal proceedings they caused.The chamber referred to in Article 24 paragraph 6 of this Code Acting shall render thisruling upon a motion of the public prosecutor.(3) Private prosecutors are required to pay the costs of the criminal proceedings referredto in Article 193 paragraph 2 items 1) to 6) and 8) of this Code, necessary expenses ofthe accused person, and the necessary expenses and fee of his defence counsel, if theproceedings are concluded by a judgement acquitting the accused person, or ajudgement dismissing the charges, or a ruling discontinuing the proceedings, exceptwhere the proceedings were discontinued or a judgement issued dismissing the chargesdue to the death of the accused person or because criminal prosecution has lapsedowing to extensive delays of the proceedings for which the private prosecutor cannot beheld responsible. Where proceedings were discontinued by a withdrawal of the charges,the accused person and private prosecutor may reach a settlement of mutual expenses.Where there is more than one private prosecutor, they shall be jointly liable for the costs.(4) Aggrieved parties who withdraw their motions to prosecute shall bear the costs of thecriminal proceedings unless the accused person has declared that he will bear them.
(5) Where a court finds it does not have jurisdiction and dismisses charges, the decisionon costs shall be rendered by the competent court.(6) Where a request for indemnification of necessary expenses and fee referred to inparagraph 1 is not approved, or the court does not rule on it within three months of thedate of submission of the request, the accused person and defence counsel are entitledto file a civil claim against the Republic of Serbia.Article 198(1) The fees and necessary expenses of the defence counsel and proxies of privateprosecutors or aggrieved parties shall be paid by the person being represented,irrespective of the party liable for the costs of the criminal proceedings under the court’sdecision, except where pursuant to the provisions of this Code the fees and necessaryexpenses of defence counsel are paid from budget funds. Where a defence counsel wasappointed for an accused person, and the payment of a fee and necessary expenseswould threaten the livelihood of the accused person or the support of a person orpersons the accused person is obliged to support, the fee and necessary expenses ofthe defence counsel shall be paid from budget funds. This shall also be done where aproxy was appointed for a subsidiary prosecutor.(2) Proxies who are not lawyers or trainee lawyers are not entitled to a fee, but only tocompensation of necessary expenses.Article 199Decisions on costs incurred before a higher court shall be rendered by that courtpursuant to the provisions of Articles 193 to 198 of this Code.Article 200A more detailed regulation on compensation of costs of criminal proceedings and theamount of the lump sum shall be issued by the Government.Chapter XVINDEMNIFICATION CLAIMSArticle 201(1) Indemnification claims arising out of the commission of a criminal offence shall beconsidered in criminal proceedings on a motion of authorised persons, unless it wouldunduly prolong the proceedings.(2) Indemnification claims may relate to compensation of damage, recovery of objects orannulment of a certain legal transaction.Article 202
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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
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: criminally prosecutable ex officio,
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
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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
Page 193 and 194:
prosecution, and after the effectiv
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This law shall enter into force on
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