Criminal Defence in Serbia

Criminal proceedings do not always begin with an indictment. Legally significant steps may arise much earlier, when a person is summoned to the police, questioned as a suspect, detained or affected by the taking of evidence.

Criminal defence requires knowledge of substantive criminal law as well as the procedural rules governing the collection and assessment of evidence, the defendant’s rights and the powers of the competent authorities.

It is particularly important to identify, in good time, issues that may affect the legal classification of the alleged offence, the lawfulness of evidence and the defendant’s position throughout the proceedings.

Preliminary proceedings and investigation

At the first contact with the police or public prosecutor, it is important to establish the capacity in which the person has been summoned, the steps the authority intends to take and the procedural rights available to that person.

A member of the public providing information, a witness and a suspect do not have the same procedural position.

Where a person is suspected of a criminal offence, the defence includes analysing the grounds for suspicion, the available evidence and the lawfulness of the steps already taken.

During an investigation, particular attention is given to witness statements, physical evidence, expert reports and the possibility of proposing evidentiary steps in support of the defence.

Custody, pre-trial detention and other measures

Deprivation of liberty is a particularly sensitive stage, as decisions affecting the defendant’s rights are made within short procedural time limits.

Police custody, court-ordered pre-trial detention and other measures intended to secure the defendant’s attendance or the proper conduct of proceedings need to be distinguished.

The legal assessment covers the statutory grounds for the measure, its necessity and proportionality, and the possibility of applying a less restrictive measure.

Appropriate remedies are used according to the type of decision and the procedural stage.

Defence following an indictment or other charging instrument

Once an indictment or a prosecutorial charging proposal has been submitted, the defence focuses on the allegations, their legal classification and the evidence on which they are based.

It is necessary to examine whether the conduct alleged contains the statutory elements of a criminal offence, whether any circumstances exclude unlawfulness or culpability and which evidence may be relevant to establishing the facts.

At trial, particular importance attaches to questioning witnesses, examining inconsistencies in the evidence, assessing expert reports and identifying any breaches of criminal procedure.

The legal classification set out in the initial charging instrument is not necessarily settled merely because charges have been brought. Its validity is assessed in light of the established facts and the applicable law.

Plea agreements and legal remedies

Serbia’s Criminal Procedure Code permits plea agreements under prescribed conditions and subject to judicial oversight.

Before accepting an agreement, it is necessary to assess the evidence, the legal consequences of an admission, the proposed sanction and other matters affecting the defendant’s position.

Following a court decision, the grounds for an appeal are considered, including procedural breaches, incorrectly or incompletely established facts and errors in the application of criminal law.

The availability of extraordinary remedies depends on the statutory conditions.

The injured party’s rights in criminal proceedings

Criminal law also concerns the position of a person injured by a criminal offence.

Legal assistance to an injured party may include preparing a criminal complaint, taking procedural steps, submitting a compensation or restitution claim within the criminal proceedings and exercising statutory rights in relation to decisions of the public prosecutor.

For offences prosecuted by private criminal action, the time limits and proper preparation of that action are particularly important.

Whatever the party’s procedural position, the legal analysis must rest on evidence, the correct legal classification of the facts and respect for procedural safeguards.