Criminal Procedure Code at Serbia
The Criminal Procedure Code of the Republic of Serbia, adopted on September 26, 2011, and effective from October 1, 2013, introduced significant reforms to Serbia's criminal justice system. These changes aimed to enhance fairness, transparency, and efficiency in criminal proceedings. (Criminal Procedure Code of the Republic of Serbia (2011))
⚖️ Overview of the Criminal Procedure Code
1. Transition to an Adversarial System
Historically, Serbia employed an inquisitorial system where judges played an active role in investigating cases. The 2011 Code marked a shift towards an adversarial system, emphasizing the roles of the prosecution and defense in presenting evidence and arguments. This change was supported by international partners, including the U.S. Department of Justice, but faced resistance from some local legal professionals . (Adversarial Criminal Procedure In Serbia - Crime - Serbia)
2. Key Features of the Code
Presumption of Innocence: Accused individuals are presumed innocent until proven guilty.
Right to Defense: Defendants have the right to be informed of charges, to remain silent, and to have legal representation.
Language Rights: Proceedings are conducted in Serbian, but parties may use their own language with translation provided if necessary . (Language in 'Serbia - Criminal Procedure Code')
Evidence and Court's Role: The prosecution bears the burden of proof. The court examines evidence presented by the parties and may order additional evidence if necessary . (Adversarial Criminal Procedure In Serbia - Crime - Serbia)
Plea Agreements: The Code allows for plea agreements, enabling defendants to plead guilty in exchange for a reduced sentence, provided certain conditions are met . (Adversarial Criminal Procedure In Serbia - Crime - Serbia)
Access to Case Files: Defendants have the right to access case files to prepare an adequate defense, subject to certain limitations . (Adversarial Criminal Procedure In Serbia - Crime - Serbia)
3. Implementation and Training
The implementation of the new Code required significant adjustments within Serbia's judicial system. Training programs for judges, prosecutors, and defense attorneys were organized to facilitate the transition. The Judicial Academy and the OSCE Mission to Serbia played pivotal roles in providing education and resources to legal professionals . (Republic of Serbia, Ministry of Justice, OSCE Mission assists Serbia to prepare for international review of draft Criminal Procedure Code | OSCE)
📄 Accessing the Full Text
The full text of the Criminal Procedure Code of the Republic of Serbia is available for download in PDF format from the Ministry of Justice's official website:
👉 Criminal Procedure Code – Ministry of Justice of Serbia
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