Legal Compass

Law on Police

LawSerbiaSecurity / police powers and oversight

Governs police and Interior Ministry organisation, police tasks and conditions for exercising powers. It also covers oversight and police officers’ employment status.

This material is for information.

Avangarda does not provide legal representation. These materials are here to inform and to make rights easier to understand. For a concrete legal procedure, contact a lawyer, legal aid service or the relevant institution.

Security / police powers and oversight

Serbia’s Law on Police governs the organisation of the Ministry of the Interior and police, their tasks, powers and oversight. It also addresses police officers’ employment status. For the public, it explains why police act, the conditions for particular powers and the examination of complaints concerning officers’ conduct.

Powers are not unlimited: their exercise depends on statutory conditions, proportionality and protection of rights. Identity checks, other police actions and force require examination of the relevant legal basis. An unpleasant encounter is not necessarily unlawful, but conduct is not lawful merely because police undertake it. The Criminal Procedure Code is also important where procedural rights in a criminal case are involved.

Record the date, place, sequence of events and available officer and witness information. Retain any documents received and accessible evidence. A complaint should identify the particular action or omission and its effect on you. Complaint procedures, internal oversight and independent bodies perform different functions. A police complaint is different from a criminal report, compensation claim or remedy against a decision in another procedure.

If liberty is restricted, someone is injured or urgent protection is needed, the relevant procedural and medical steps cannot be reduced to filing one complaint. Check jurisdiction and the conditions for each route. The law operates alongside constitutional safeguards, criminal procedure and other relevant legislation. Officers’ duties and disciplinary liability also involve their special employment regime.

The current text on the official Interior Ministry website lists Official Gazette 6/2016, 24/2018 and 87/2018. It is an editorial consolidation hosted by an official institution. The link gives access to that source while Avangarda’s explanation remains an editorial overview. Specific transitional provisions must be checked for the question to which they apply.

This is Avangarda’s editorial information overview, rather than the statutory text or advice for an individual case. This translation is editorial and is not an official translation of Serbian legislation. Check the current official text, special legislation and your documents for a specific situation, and obtain qualified legal assistance where needed.

What is this for?

Helps identify the legal basis of police action and distinguish complaints from other protection procedures.

Who can use it?

People interacting with police, representatives, police officers, lawyers and rights-monitoring organisations.

When should it be used?

For identity checks, exercise of police powers or preparing a complaint about a specific act or omission.