Karanovic & Nikolic

Dispute resolution — recent news highlights: December 2013

A new Criminal Procedure Code was enacted in Serbia in October 2013.

A very significant change in criminal proceedings, the new code has introduced the new concept of investigative proceedings into the process. Whereas previously investigative proceedings were handled by an investigative judge, the new code makes the public prosecutor responsible for carrying out and directing the investigation, which is intended to speed up investigation procedures and to make them more efficient.

The new code also introduced changes to the provisions regulating the search of premises, which also includes the search of companies during investigative proceedings. A search of any premises (including the premises of companies) can be carried out if there is a probability that evidence for a certain criminal offence may be found via the search. The general rule is that a search is to be carried out on the basis of a search warrant, while a search that has been undertaken without a search warrant can only be carried out under restricted legal conditions…

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