Criminal Procedure Code

Serbia’s Criminal Procedure Code determines how criminal proceedings are conducted. It covers investigation, charges, trial, evidence, decisions and remedies, as well as measures securing participation and restricting liberty. Offences and sanctions are primarily defined by the Criminal Code; this procedural legislation explains how facts are established and rights protected during proceedings.

For suspects and accused persons, the presumption of innocence, information about the accusation, defence rights and lawful evidence are central. Police, prosecution and courts act within their respective powers, and rights also depend on the procedural stage. Remand detention and temporary holding are not punishment or proof of guilt. Their grounds, duration and review are subject to specific provisions that must be checked in an individual case.

An injured party does not occupy the same position as a prosecutor or accused person. Information, participation, representation and a possible financial claim depend on statutory conditions. Witnesses also have distinct duties and protections. Interpretation, mandatory defence and compensation for unjustified deprivation of liberty must not be presented without checking the relevant requirements. Public access to a trial may be restricted only under the applicable rules.

In practice, retain summonses, records, decisions and service information. Identify your procedural position, the acting authority and the case’s stage. If your liberty is restricted or you are summoned as a suspect, promptly examine access to defence counsel and other procedural rights. An appeal or other remedy depends on the particular decision, the authorised applicant and the statutory time limit. Every participant does not have the same remedy against every decision, and a general complaint does not necessarily preserve procedural deadlines.

The official text hosted by Serbia’s Supreme Court includes Official Gazette 72/2011 and later amendments and Constitutional Court decisions through 62/2021. The 62/2021 decision removed part of an earlier ground for excluding the public; it should not be repeated from an outdated version. Transitional rules may matter for historical or ongoing proceedings. Public-consultation drafts are not enacted amendments to the Code.

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.

Helps identify your procedural role, rights during proceedings and conditions for protection and remedies.

Suspects, accused persons, injured parties, witnesses, defence lawyers and representatives, prosecutors, courts and trial observers.

For police or prosecution summonses, restriction of liberty, trial participation and checking appeals or compensation rights.