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Ćehović Law Office

Law office for criminal and misdemeanour law

The lawyers of the Ćehović law office have many years of experience in representing and defending clients in criminal and misdemeanour proceedings before the competent authorities. Our criminal lawyers provide all legal services, which primarily include:

  • defence in all types of criminal proceedings - representation in acts of general crime at all stages of criminal proceedings, before all competent authorities,
  • defence in all types of misdemeanour proceedings,
  • representation of injured parties in all types of criminal and misdemeanour proceedings,
  • representation of legal entities in proceedings for criminal offenses and economic crimes,
  • representation of juvenile perpetrators of criminal offenses and injured juvenile parties (we own the appropriate certificate).

In addition to the mentioned services, our criminal lawyers can provide you with the necessary advice and answers to all questions in this area. We also provide all other legal services and legal assistance in filing criminal charges, private criminal lawsuits and other types of acts in criminal proceedings, such as a proposal for compensation of property claims, compensation for costs, and compensation for being an injured party due to wrongful deprivation of liberty.


Our goal is to solve all your legal problems, as professionally, responsibly and in a timely manner as possible!


Criminal law


INTRODUCTION

#1 Introductory notes

No one can be sentenced or sanctioned in any way for an act that was not determined as a criminal offense by law before it was committed, nor may a sentence or other criminal sanction, that was not defined by law before the criminal offense was committed, be imposed on anyone.

Punishment and warnings may be imposed only on the perpetrator who is guilty of the committed crime.

# 1.1. The foundation and limits of criminal coercion

The protection of people and other basic social values represents the foundation and limits for determining criminal offenses, prescribing criminal sanctions and their application, to the extent necessary to combat such offenses.

# 2 The complexity of criminal law and the criminal responsibility of adult offenders

Criminal law is a very extensive branch of law which includes general concepts of that branch of law, as well as many other aspects of criminal liability of perpetrators of criminal acts. Thus, two persons can commit the same act, and one person can be criminally responsible, and the other can be not criminally responsible. General institutes in criminal law, as well as the largest number of criminal offenses, are regulated by the Criminal Code, which in criminal law practice is called CC. The term Criminal Lawyer often appears, and it refers to lawyers who deal with criminal law, most often criminal substantive law, which regulates the responsibility of adult perpetrators of crimes, and also there is a special law, case law and legal literature, i.e. the science that deals with the criminal responsibility of minors.

#3. Levels and types of codification of Serbian criminal law

The criminal law of Serbia is codified in parts. This means that there is no single law that regulates all aspects of criminal responsibility, the existence of that responsibility, as well as the procedure for determining that responsibility, as they are not collected in one codification and many other legal norms that regulate many other aspects of criminal responsibility for committed crimes.

# 3.1. Execution of criminal sanctions

There is a special sub-branch of criminal law that deals with issues and institutes of execution of criminal sanctions. This area is regulated by the law on the execution of criminal sanctions.

Law on Execution of Criminal Sanctions

# 3.2. The complexity of criminal codification

A much more extensive sub-branch of law is the one that regulates the procedure for determining criminal responsibility, and the majority of regulations in this area are in the Code of Criminal Sanctions. The criminal law of the Republic of Serbia is partially codified and it is represented by several laws that regulate special parts of criminal law, but only when they are all collected in one legal act, only then will it be possible, rightly to say that it is the right and complete Codification of Criminal Law.

# 3.3. Criminal substantive law - responsibility of juvenile and adult offenders

Now, the substantive Criminal Law has been codified, i.e. the legal norms of criminal law contained in the Criminal Code, norms of criminal law concerning the responsibility of juvenile offenders, or juveniles who have been harmed by criminal offenses in the Law on Criminal Liability of Juvenile Offenders.

Law on Criminal Liability of Juvenile Offenders

Criminal Law

# 3.4. Criminal procedural law

It seems that the law regulating the procedure of determining the criminal responsibility of perpetrators of criminal acts has been largely codified.

Criminal law norms and legal institutes for regulating the procedure of determining the criminal responsibility of adult perpetrators of criminal acts are codified in the Code of Criminal Procedure - CPC.

Code of Criminal Procedure

# 3.5. Criminal liability of legal entities of perpetrators of criminal acts

Criminal law norms concerning the liability of legal entities for criminal offenses are contained in the Law on Liability of Legal Entities for Criminal Offenses.

Law on Liability of Legal Entities for Criminal Offenses

# 3.6. Material responsibility of perpetrators of criminal acts

In the past few years, the material responsibility of perpetrators of criminal acts for material benefits obtained by executing criminal sanctions has been specially regulated.

DEFENCE OF DEFENDANTS 

# 1 Defendants’ rights

# 1.1. The defendants have the right to:

a) as soon as possible, and always before the first hearing, in detail and in a language they understand, be informed of the act charged against them, of the nature and reasons for the accusation, and that anything they say may be used as evidence in the proceedings;

b) not to state anything, deny answering to a particular question, freely present their defence, admit or do not admit guilt;

c) defend themselves alone or with the expert assistance of a defence counsel in accordance with the provisions of this Code;

d) have their defence counsel present at their hearing;

e) be brought before a court as soon as possible and be tried impartially, fairly and within a reasonable time;

f) immediately before the first hearing, read the criminal report, the record of the investigation and the findings and opinion of the expert witness;

d) be provided with sufficient time and facilities to prepare their defence;

e) examine documents and examine objects that serve as evidence;

f) gather evidence for their defence;

g) state all the facts and evidence against them and present the facts and evidence in their favour, interrogate the prosecution witnesses, and request that the defence witnesses are interrogated in their presence under the same circumstances as prosecution witnesses;

h) use legal remedies and judicial relieves;

i) take other actions when determined by this Code.

Before the first hearing of the defendants, the procedural body is obliged to inform them about the rights from the already mentioned text, under the following points:. b) to d) and f) of this aforementioned enumeration.

#Aa) Therefore, the defendants have the right to defend themselves personally during the entire procedure, i.e. with the help of a professional defence counsel.

#Ab) During criminal proceedings, the only person who can be appointed as a defence counsel is a lawyer, according to the meaning of that term determined by the Advocacy Law.

#Ac) The defendants may personally defend themselves in proceedings for criminal offenses punishable by imprisonment of less than 8 years or some other type of punishment.

#Ad) The defendants can personally defend themselves during the proceedings on all criminal offenses, regardless of the severity and amount of the sentence.

#Ae) The defendants may, i.e. in accordance with the law, be assigned an ex officio defence lawyer, if they do not choose a defence counsel at their own request, the so-called there is no defence counsel selected

# A1. Defendants may be appointed an ex officio defence lawyer in several cases

If the person is in detention, from the very ordering of detention until the end of detention

Defendants must have counsel also:

1a) if they are mute, deaf, blind or incapable of successfully defending themselves - from the first hearing until the final termination of the criminal proceedings;

2a) if the procedure is conducted for a criminal offense for which a prison sentence of eight years or a heavier sentence is prescribed - from the first hearing until the final termination of the criminal proceedings;

3a) if they are detained or forbidden to leave the apartment or is detained in custody – from the deprivation of liberty to the final decision on revocation of the measure;

4a) if they are tried in absentia - from the decision on the trial in absentia, while the trial in absentia lasts;

5a) if the main trial is held in their absence due to incapacity caused by themselves - from the decision to hold the main trial in their absence, until the decision by which the court determines the cessation of incapacity to participate in the main trial;

6a) if, due to the violation of the court order, they were removed from the courtroom until the end of the evidentiary procedure or the end of the main trial - from the issuance of the removal order to the return to the courtroom or to the announcement of the verdict;

7a) if a procedure is being conducted against them for imposing a security measure of obligatory psychiatric treatment - from the submission of a proposal for imposing such a measure, until the decision referred to in Article 526, paragraphs 2 and 3 of this Code or until the decision on imposing the security measure of compulsory psychiatric treatment becomes final;

8a) from the beginning of negotiations with the public prosecutor on the conclusion of the agreement referred to in Article 313, paragraph 1, Article 320, paragraph 1 and Article 327, paragraph 1 of this Code, until the court makes a decision on the agreement;

9a) if the hearing is held in their absence (Article 449, paragraph 3) - from the decision to hold the hearing in their absence, until the decision of the court on the appeal against the verdict.


A special case of the appointment of a defence counsel by the court is the one regulated by Article 77 of the Criminal Procedure Code:

Defending poor defendants

Article 77

Defendants who, due to their financial situation, cannot pay the defence counsel’s fee and expenses, will be appointed a defence counsel at their request, even though there are no reasons for mandatory defence, if criminal proceedings are conducted for a criminal offense punishable by imprisonment for more than three years or if reasons of justice dictate so. In that case, the costs of the defence shall be borne by the court's budget.

The pre-trial judge, presiding judge or single judge decides on the request referred to in paragraph 1 of this Article, and the defence counsel is appointed by a decision of the president of the court before which the proceedings are conducted in the order from the list of lawyers submitted by the competent bar association.

The appointed defence counsel referred to in paragraph 1 of this Article shall have the status of ex-officio defence lawyer. 

THE SELECTED DEFENCE COUNSEL

One or more defence lawyers may be selected and authorized by the defendants themselves, or their legal representatives, spouse, blood relative, adoptive parent, adoptee, brother, sister, foster parent and the person with whom the defendants live in an extramarital or other permanent community, unless the defendants explicitly object.

The defendants may also give an oral power of attorney to the defence counsel by making a statement on the record with the body of the procedure.

SPECIAL NOTE:

#A THE SELECTED DEFENCE COUNSEL

Several defendants may have a common defence counsel in the same case only if it does not interfere with the professional, conscientious and timely provision of legal assistance in defence.

If several defendants have a joint defence counsel contrary to paragraph 1 of this Article or Article 73, paragraph 3, item 4) of this Code, the procedural body shall invite them to agree within three days which of them will be defended by the previous joint defence counsel or that each of them chooses another counsel. If they do not do so in the case of mandatory defence, they will be assigned a defence counsel ex officio.

One defendant may have a maximum of five defence counsels at a time in the proceedings, and it is considered that the defence is provided when one of the defence counsels participates in the proceedings.

If one defendant has more than five defence counsels, the body of procedure will invite him/her to decide within three days which defence counsels they will keep, with a warning that, if they fail to do so, the first five attorneys in the order of handing over or giving power of attorney in the court minutes by the defendant will be considered their counsels.

#B EX-OFFICIO DEFENCE LAWYER

If in the cases referred to in Article 74 of this Code of Criminal Procedure the defence counsel is not elected or during the criminal proceedings the defendant is left without a defence counsel or in the case referred to in Article 73, paragraph 3, item 4) of the same Code, if it is mandatory defence, there is a disagreement with co-defendants on the choice of defence counsel or there is not another defence counsel, the public prosecutor or the president of the court before which the procedure is conducted will appoint a defence counsel ex officio for the further course of the procedure, in the order from the list of lawyers submitted by the competent bar association.

The Bar Association is obliged to state the date of the entry of the lawyer in the list of lawyers referred to in paragraph 1 of this Article and to take into account that the practical or professional work of lawyers in the field of criminal law provides a basis for assuming that the defence will be effective.

An ex-officio defence lawyer may request to be dismissed only for justified reasons.

The list referred to in paragraph 1 of this Article shall be published on the website and notice board of the competent bar association and court.

TERMINATION OF THE RIGHTS AND DUTIES OF DEFENCE COUNSEL

The defence counsel's rights and duties cease in case of:

1) revocation or cancellation of the power of attorney;

2) dismissal of defence counsel

REASONS FOR DISMISSAL OF DEFENCE COUNSEL

The elected defence counsel will be dismissed if:

1) there are some of the reasons referred to in Article 73, paragraph 3 of the Criminal Procedure Code;

2) after a warning and a fine, continues to disturb the order;

3) criminal proceedings are instituted against them due to a well-founded suspicion that in connection with the same case they committed the criminal offense of preventing and obstructing evidence or fleeing and enabling the escape of a person deprived of liberty;

4) the power of attorney was given to them again after the revocation or cancellation of the power of attorney, and this obviously occurred due to the abuse of rights (Article 14, paragraph 1);

5) it is a joint defence counsel, and the defendant does not act in accordance with Article 78, paragraph 2 of this Code of Criminal Procedure;

6) the defendant who has more than five defence counsel does not determine which defence counsel they will keep (Article 78, paragraph 4).

In addition to the reasons provided in paragraph 1, item 1) to 3) of this Article, a defence counsel appointed ex officio shall be dismissed if:

1) the defendant or the person referred to in Article 75, paragraph 1 of this Code takes another defence counsel;

2) fails to perform the duty referred to in Article 72, paragraph 1, item 2) of this Code of Criminal Procedure;

3) due to the change in the property status of the defendant, the reasons for the defence of the poor have ceased to exist (Article 77, paragraph 1).

DEFENCE OF JUVENILE CRIMINAL OFFENDERS

The defence of juvenile offenders is carried out in accordance with the Law on Criminal Liability of Juvenile Offenders, and as a rule it is performed by lawyers who are specially trained in the field of criminal liability of juvenile offenders.

REPRESENTATION OF PERSONS INJURED BY COMMITTING CRIMINAL OFFENSES

There is a difference between the representation of minors injured by the commission of criminal offenses and the representation of adult victims injured by the commission of criminal offenses. (Post a link for the legal text of the Law on Juvenile Delinquents.

These types of representation can only be performed by lawyers. Representation can be performed through personal representation by the injured party or with the professional assistance of an elected or officially appointed representative lawyer.

SPECIFICITY OF THE INJURED PARTY IN THE PROCEEDINGS

A person injured by the commission of a criminal offense has a specific position in the criminal law of Serbia. It may also claim damages in accordance with the Law on seizure and confiscation of the proceeds from crime, as well as in accordance with the Code of Criminal Procedure, and in accordance with the Law of Obligations.

It is characteristic to point out that the calculation, and thus the length of time required to file a claim for damages in this case, is, when it comes to the general cases for damages, regulated by the Law of Obligations.

The injured party has a particularly undemanding position once a final conviction is rendered to establish that the defendant is guilty of committing a criminal offense, in the procedure of compensation for damages. The amount of compensation for damage is determined in general ways for determining the damage, regardless of whether it is caused by the commission of criminal offenses or without the commission, i.e. the commission of civil offenses.

In any case, due to the complexity of criminal law, and the amount of social danger caused by the commission of criminal acts, it would be advisable for both defendants and injured parties to always hire lawyers for professional assistance in proceedings, depending on their role.

Injured parties may also file a private criminal lawsuit for prosecution of someone who has committed a criminal offense, they may be called by law representatives to give a consent for initiation of prosecution proceedings for a committed criminal offense for which the prosecution is carried out ex officio.

The injured party is also called a subsidiary prosecutor, in the case of the prosecutor's withdrawal from prosecution for criminal offenses that are prosecuted ex officio, under the conditions determined by the Code of Criminal Procedure.

PROCEDURE FOR THE EXERCISE OF THE RIGHTS OF PERSONS WRONGFULLY DEPRIVED OF LIBERTY OR WRONGFULLY CONVICTED

1. General provisions

Provisions of the applicable code

Article 583

In the procedures for exercising the right to compensation for damages and other rights of a person wrongfully deprived of liberty or wrongfully convicted, the provisions of Art. 584 to 595 of this Code shall be applied, unless otherwise provided in these same provisions, in which case the other provisions of this Code shall apply accordingly.

A person wrongfully deprived of liberty

Article 584

A person shall be considered wrongfully deprived of liberty:

  1. if they have been deprived of liberty and no proceedings have been instituted, or the proceedings have been suspended by a final decision or the accusation has been rejected, or the proceedings have been finalized by a rejecting or acquittal verdict;
  2. if they have served a prison sentence, and in connection with a request for reopening of criminal proceedings or a request for protection of legality, they were sentenced to imprisonment for a shorter period than the served sentence, or a criminal sanction not consisting of imprisonment was imposed at all, or they were found guilty and then acquitted;
  3. if they have been deprived of liberty for a longer period of time than the duration of the criminal sanction consisting of deprivation of liberty imposed on them;
  4. if, due to an error or illegal work of the body of the procedure, they were deprived of liberty or the deprivation of liberty lasted longer or they were kept in the institution for the purpose of executing a criminal sanction consisting of deprivation of liberty.

Compensation does not belong to a person who caused deprivation of liberty by illegal actions. In cases referred to in paragraph 1, item 1) of this Article, the right to compensation is excluded even if there were circumstances referred to in Article 585, paragraph 2, item 2) of this Code or if the procedure was suspended due to the death of the defendant (Article 20).

In the procedure for compensation of damages in the cases referred to in paragraph 1 of this Article, the provisions of Art. 588 to 591 of this Code shall be applied.

Wrongfully convicted

Article 585

A wrongfully convicted person is considered to be a person against whom a criminal sanction has been pronounced or who has been found guilty and released from punishment, and in connection with an extraordinary legal remedy, the new procedure has been suspended or the charge has been rejected or ended with a final acquittal.

The convict referred to in paragraph 1 of this Article is not entitled to compensation:

1) if by their false confession or in another way they intentionally caused the conviction, unless they were forced to do so;

2) if the procedure was suspended or the accusation was rejected due to the fact that in the new procedure the injured party as a prosecutor, i.e. private prosecutor, withdrew from the prosecution, or because the injured party withdrew from the proposal, and the withdrawal occurred on the basis of an agreement with the defendant.

In the case of conviction for criminal offenses in the acquisition process, the right to compensation may also apply to certain criminal offenses depending on which conditions for recognition of compensation are met.

Decision on annulment of registration of a wrongful conviction

Article 586

The court that tried the criminal case in the first instance will issue an ex officio decision annulling the entry of a wrongful conviction in the criminal records.

The decision is submitted to the body responsible for keeping criminal records.

Data from the criminal records about the annulled entry may not be given to anyone.

Prohibition of the use of data from the file

Article 587

A person who, in accordance with the provisions of this Code, is allowed to review and transcribe files related to wrongful deprivation of liberty or wrongful conviction, may not use the data from those files in a manner that would be detrimental to the exercise of the rights of wrongfully arrested or wrongfully convicted parties.

The president of the court is obliged to warn the person who is allowed to make inquiries about this, and this will be noted in the file with the signature of that person.

2. Procedure for exercising the right to compensation

Claim for damages

Article 588

Before filing a lawsuit for damages, the injured party is obliged to submit a request to the ministry in charge of justice in order to reach an agreement on the existence of damages and the type and amount of compensation.

The request for compensation of damages is decided by the commission for compensation of damages, the working composition and manner of which are regulated by an act of the Minister of justice.

Claim for damages

Article 589

If the claim for damages is not accepted or the Commission does not decide on the claim within three months from the day when it was filed, the injured party may file a claim for damages with the competent court.

If an agreement has been reached only in respect of part of the claim, an action for damages may be brought in respect of the remainder of the claim.

During the procedure referred to in paragraph 1 of this Article, the statute of limitations provided for in Article 591 of this Code shall not be active.

A lawsuit for damages is being filed against the Republic of Serbia.

The rights of the heir of the injured party

Article 590

The heirs inherit only the right of the injured party to compensation for property damage, and if the injured party has already filed a claim, the heirs may continue the procedure only within the limits of the already filed claim for compensation for property damage.

After their death, the heirs of the injured party may continue the procedure for compensation of damage, i.e. initiate the procedure if the injured party died before the expiration of the statute of limitations and did not waive the claim, in accordance with the rules on compensation prescribed by the Law of Obligations.

Obsolescence of the right to compensation

Article 591

The right to compensation for damages expires in three years from the day the first-instance rejection or acquittal verdict becomes final, i.e. the first-instance decision by which the procedure is suspended or the accusation is final, and if the appeal was decided by the appellate court - from the day the appellate court receives the decision.

3. Procedure for exercising the right to moral satisfaction

Prerequisites for exercising the rights

Article 592

If a case related to wrongful deprivation of liberty or wrongful conviction of a person was presented through the media and thus damaged the reputation of that person, the court shall, at their request, publish in the media a statement on the decision resulting from wrongful deprivation of liberty, i.e. wrongful conviction.

If the case is not presented in the media, such a statement shall, at the request of that person, be delivered to the state and other body, company and other legal or natural person because of whom the person was wrongfully deprived of liberty or wrongfully convicted in employment.

After the death of the convicted person, the right to submit a request under paragraphs 1 and 2 of this Article belongs to their spouse, a person with whom they lived in an extramarital or other permanent arrangement, children, parents, brothers and sisters.

The request from paragraphs 1 and 2 of this Article may be filed even if no claim for damages has been filed (Article 588, paragraph 1).

Irrespective of the conditions provided for in Article 585 of this Code, the request referred to in paragraphs 1 and 2 of this Article may also be filed if the legal qualification of the criminal offense has been changed due to the extraordinary legal remedy, if due to the legal qualification in the previous verdict the reputation of the convicted person was seriously damaged.

Procedure for exercising rights

Article 593

The request for exercising the right to moral satisfaction should be submitted within six months (Article 591) to the court that tried the criminal proceedings in the first instance.

The panel decides on the request (Article 21, paragraph 4).

When deciding on the request, the provisions of Article 584, paragraph 2 and Article 585, paragraph 2, item 1) and paragraph 3 of this Code shall apply accordingly.

4. Procedure for exercising the right to recognition of the length of years of service or the length of insurance service

Prerequisites for exercising the right

Article 594

A person whose employment or social insurance has been terminated due to wrongful deprivation of liberty or wrongful conviction shall have their years of service, i.e. insurance service recognized as if they were at work during the time lost due to wrongful deprivation of liberty or wrongful conviction.

The years of service also include the time of unemployment that occurred due to wrongful deprivation of liberty or wrongful conviction, and which did not occur due to the fault of that person.

Procedure for exercising rights

Article 595

In any decision on the right that is affected by the years of service, i.e. insurance service, the competent authority or organization shall take into account the years of service recognized by Article 594 of this Code.

If the body or organization referred to in paragraph 1 of this Article does not take into account the recognized length of service, the injured party may request that the competent court (Article 589, paragraph 1) determine that the recognition of this period was defined by law.

The lawsuit is filed against the body or organization that disputes the recognized length of service and against the Republic of Serbia.

At the request of the body, i.e. the organization with which the right to the years of service, i.e. insurance service is exercised, the prescribed contribution from the budget will be paid for the period for which the length of service is recognized by the law (Article 594).

Insurance length of service recognized in accordance with Article 594 of this Code shall be fully included in retirement fund.

(1) Criminal sanctions are: penalties, warning measures, security measures and educational measures.

(2) The general purpose of prescribing and imposing criminal sanctions is to suppress acts which violate or endanger the values protected by criminal legislation.

(3) Criminal sanctions may not be imposed on a person who has not reached the age of fourteen at the time when the act was committed. Educational measures and other criminal sanctions may be imposed on a juvenile under the conditions prescribed by a special law.

PUNISHMENTS

1. Purpose of punishment, types of punishments and conditions for their imposition

The purpose of punishment

Article 42

Within the general purpose of criminal sanctions (Article 4, paragraph 2), the purpose of punishment is:

  1. preventing the perpetrator from committing criminal offenses and influencing them not to commit criminal offenses in the future;
  2. influencing others not to commit crimes;
  3. expressing social condemnation for a criminal offense, strengthening morals and strengthening the obligation to respect the law.

Types of punishments

Article 43

The following penalties may be imposed on the perpetrator:

1) imprisonment;

2) a fine;

3) community service;

  1. revocation of driver's license.

Principal and ancillary penalties

Article 44

(1) Imprisonment may be imposed only as the principal penalty.

(2) A fine, community service and revocation of a driver's license may be imposed both as a principal and as an ancillary penalty.

(3) If more than one punishment is prescribed for one criminal offense, only one may be imposed as the principal punishment.

Imprisonment

Article 45

(1) Imprisonment may not be shorter than thirty days or longer than twenty years.

(2) The imprisonment sentence referred to in paragraph 1 of this Article shall be imposed for full years and months, and up to six months it can be also for days.

(3) For the most serious criminal offenses and the most serious forms of serious criminal offenses, in addition to the punishment referred to in paragraph 1 of this Article, a prison sentence of thirty to forty years may be exceptionally prescribed. Imprisonment from thirty to forty years is imposed for full years.

(4) Imprisonment of thirty to forty years may not be imposed on a person who at the time of the commission of the criminal offense has not reached the age of twenty-one.

(5) If the perpetrator is sentenced to imprisonment for a term not exceeding one year, the court may at the same time determine that it shall be served by the convict in the premises where they live if the perpetrator's personality, their previous life and current behaviour, the degree of guilt and other circumstances under which they committed the act can account for the punishment achieving its goal.

(6) A convict who has been ordered to serve a prison sentence in the manner provided for in paragraph 5 of this Article may not leave the premises in which they live, except in cases prescribed by the law governing the execution of criminal sanctions. If the convict voluntarily leaves the premises where they live once for more than six hours or twice for up to six hours, the court will order them to serve the rest of the prison sentence in the prison.

(7) A convicted person for a criminal offense against marriage and family living with the injured party in the same family household may not be sentenced to imprisonment in the manner prescribed in paragraph 5 of this Article.

Parole

Article 46

(1) Convicts who have served two thirds of the sentence of imprisonment shall be conditionally released from serving the sentence by the court, if during the serving of the sentence they have improved in such a way that it can be reasonably expected that they will behave well at liberty, especially that until the end of the imposed sentence they do not commit a new criminal offense. In assessing whether the convicts will be released on parole, their conduct during serving the sentence, performance of work obligations, considering their working ability, as well as other circumstances that indicate that the convicts will not commit a new crime while on parole, will be taken into account. A convict who has been twice punished for serious disciplinary offenses while serving their sentence and whose benefits have been taken away cannot be released on parole.

(2) If they meet the conditions referred to in paragraph 1 of this Article, the court may conditionally release the convicts:

- who are serving a prison sentence of 30 to 40 years;

- who have been convicted of criminal offenses against humanity and other goods protected by international law (Articles 370 to 393a), criminal offenses against sexual freedom (Articles 178 to 185b), criminal offense of domestic violence (Article 194, paragraphs 2 to 4), the criminal offense of unauthorized production and distribution of narcotics (Article 246, paragraph 4), criminal offenses against the constitutional order and security of the Republic of Serbia (Articles 305 to 321), the criminal offense of accepting bribes (Article 367) and the crime of bribery (Article 368);

- who have been convicted by the competent courts, i.e. their special departments, in proceedings conducted in accordance with the jurisdiction determined by the Law on Organization and Competence of State Bodies in the Suppression of Organized Crime, Corruption and Other Serious Criminal Offenses;

- who have been sentenced to imprisonment more than three times, and no revoking has taken place or there are no conditions for revoking any of the convictions.

(3) The court may, in the decision on conditional release, determine that the convicted person is obliged to fulfil some of the obligations referred to in Article 73 of this Code, as well as some other obligation provided by criminal law provisions.

(4) In the case referred to in paragraphs 1 and 2 of this Article, if the conditional release is not revoked, it is considered that the convict has served the sentence.

Revocation of parole

Article 47

(1) The court shall revoke conditional release if the convicted person, while on conditional release, commits one or more criminal offenses for which a prison sentence of more than one year has been imposed.

(2) The court may revoke conditional release if the conditionally released person commits one or more criminal offenses for which a sentence of imprisonment of up to one year has been imposed, i.e. fails to fulfil any of the obligations determined by the court in accordance with Article 46, paragraph 3 of this Code. In assessing whether to revoke the conditional release, the court will especially take into account the similarity of the committed criminal offenses, the motives from which they were committed and other circumstances that indicate the justification of the revocation of the conditional release.

(3) The provisions of paragraphs 1 and 2 of this Article shall also apply when a conditionally released person is tried for a criminal offense which they committed before they were conditionally released.

(4) When the court revokes the conditional release, it shall impose a sentence by applying the provisions of Art. 60 and 62, paragraph 2 of this Code, taking the previously imposed sentence as already determined. The part of the sentence that the convict served after the previous conviction is included in the new sentence, and the time spent on parole is not included.

(5) If the conditionally released person is sentenced to imprisonment for up to one year, and the court does not revoke the conditional release, the conditional release shall be extended during the time the convicted person spent serving that prison sentence.

(6) In the case referred to in paragraphs 1 to 3 of this Article, conditional release may be revoked no later than two years from the day when the conditional release expired.

General provisions on fines

Article 48

(1) A fine may be imposed as a day-fine (Article 49) or as a lump sum payment (Article 50).

(2) For criminal offenses committed out of greed, a fine as an ancillary punishment may be imposed even when it is not prescribed by law or when the law prescribes that the perpetrator shall be punished by imprisonment or a fine, and the court shall impose imprisonment as the principal punishment.

Day-fines

Article 49

(1) The day-fine shall be assesed firstly by determining the number of payments, and then the amount of one day-fine. The amount of the fine will be decided by the court by multiplying the determined number of day-fines by the determined value of one day-fine.

(2) The number of day-fines may not be less than ten, and bigger than three hundred and sixty. The number of day-fines for a committed crime is measured on the basis of general rules for sentencing (Article 54).

(3) The amount of one day-fine shall be determined by dividing the difference between the income and necessary expenses of the perpetrator of the criminal offense in the previous calendar year, by the number of days in the year. One day-fine cannot be less than five hundred dinars, or more than fifty thousand dinars.

(4) In order to determine the amount of the day-fine, the court may request information from banks or other financial institutions, state bodies and legal entities that are obliged to submit the requested information and may not invoke the protection of business or other secrets.

(5) If credible data on income and expenses of the perpetrator of a criminal offense cannot be obtained, or if they do not generate any income, the court shall, on the basis of available data, determine the amount of one day-fine.

(6) The number of day-fines shall be determined within the following ranges:

1) up to sixty day-fines for criminal offenses for which a prison sentence of up to three months may be imposed;

2) from thirty to one hundred and twenty day-fines for criminal offenses for which a prison sentence of up to six months may be imposed;

3) from sixty to one hundred and eighty day-fines for criminal offenses for which imprisonment of up to one year may be imposed;

4) from one hundred and twenty to two hundred and forty day-fines for criminal offenses for which a prison sentence of up to two years may be imposed;

5) at least one hundred and eighty day-fines for criminal offenses for which a prison sentence of up to three years may be imposed;

6) within the prescribed number of day-fines for criminal offenses for which a fine is prescribed as the only penalty.

A lump sum fine

Article 50

(1) If it is not possible to determine the amount of the day-fine even on the basis of a free assessment of the court (Article 49, paragraph 5), or obtaining such information would significantly prolong the criminal proceedings, the court shall impose a lump sum fine within the minimum and maximum possible fines.

(2) The fine may not be less than ten thousand dinars. The fine cannot be higher than one million dinars, and for criminal acts committed out of greed, higher than ten million dinars.

(3) A fine as the main penalty shall be imposed in the following amounts:

1) up to one hundred thousand dinars for criminal offenses for which a prison sentence of up to three months may be imposed;

2) from twenty thousand to two hundred thousand dinars for criminal offenses for which a prison sentence of up to six months may be imposed;

3) from thirty thousand to three hundred thousand dinars for criminal offenses for which a prison sentence of up to one year may be imposed;

4) from fifty thousand to five hundred thousand dinars for criminal offenses for which a prison sentence of up to two years may be imposed;

5) at least one hundred thousand dinars for criminal offenses for which a prison sentence of up to three years may be imposed;

6) within the prescribed amount for criminal offenses for which a fine is prescribed as the only penalty.

Execution of a fine

Article 51

(1) The verdict shall determine the deadline for payment of the fine, which may not be shorter than fifteen days or longer than three months. In justified cases, the court may allow the convict to pay a fine in instalments, provided that the payment period may not exceed one year.

(2) If the convict does not pay the fine within a certain period, the court shall replace the fine with imprisonment, by determining one day of imprisonment for each thousand dinars imposed, provided that the imprisonment may not exceed six months, and if a fine in the amount of more than seven hundred thousand dinars has been imposed, the imprisonment sentence may not be longer than one year.

(3) If the convicted person pays only a part of the fine, the court shall proportionally replace the rest of the sentence with imprisonment, and if the convicted person pays the rest of the fine, the execution of the imprisonment sentence shall be suspended.

(4) An unpaid fine may, instead of imprisonment, be replaced by a fine of community work, where for each one thousand dinars a fine of eight hours of community work is defined, provided that it may not exceed three hundred and sixty hours.

(5) After the death of the convicted person, the fine shall not be executed.

Community work

Article 52

(1) Community work may be imposed for criminal offenses for which imprisonment of up to three years or a fine is prescribed.

(2) Community work is any socially useful work which does not infringe human dignity and which is not performed for the purpose of gaining profit.

(3) Community work may not be shorter than sixty hours or longer than three hundred and sixty hours. Community work lasts sixty hours in one month and is determined to be performed for a period that cannot be shorter than a month, or longer than six months.

(4) When imposing this sentence, the court shall, having in mind the purpose of punishment, take into account the type of criminal offense committed, the personality of the perpetrator, as well as their willingness to perform work in the public interest. Community work cannot be pronounced without the consent of the perpetrator.

(5) If the convict does not serve part or all of the hours of the sentence of community work, the court shall replace this sentence with imprisonment by setting one day of imprisonment for each eight hours of community work.

(6) If the perpetrator fulfils all their obligations related to the community work, the court may reduce the length of the pronounced community work by one quarter.

Revocation of driver's license

Article 53

(1) The perpetrator of a criminal offense in connection with the commission or preparation of which a motor vehicle was used may be sentenced to revocation of a driver's license.

(2) The court shall determine the duration of the sentence referred to in paragraph 1 of this Article, which may not be shorter than one or longer than three years, counting from the day the decision becomes final, provided that the time spent in prison is not included in the duration of this sentence.

(3) The sentence referred to in paragraph 1 of this Article may be imposed as an ancillary sentence in addition to imprisonment or a fine, and may also be imposed as a principal punishment for criminal offenses punishable by imprisonment for up to two years or a fine. The penalty of revoking a driver's license cannot be imposed together with the security measure prohibiting driving a motor vehicle.

(4) If the convict drives a motor vehicle while the sentence of revocation of the driver's license is in force, the court shall replace the sentence of revocation of the driver's license with imprisonment by determining one month of imprisonment for one year of revocation of the driver's license.

2. Sentencing

General rules on sentencing

Article 54

(1) The court shall impose a punishment on the perpetrator of the criminal offense within the limits prescribed by law for that offense, having in mind the purpose of punishment and taking into account all circumstances that affect the punishment to be lesser or greater (mitigating and aggravating circumstances), especially: guilt, motives for committing the crime, the severity of endangering or violating the protected good, the circumstances under which the crime was committed, the perpetrator's previous life, their personal circumstances, their behaviour after the crime and especially their attitude towards the victim, as well as other circumstances relating to the identity of the perpetrator.

(2) When determining the fine in a certain amount (Article 50), the court shall take into account the financial situation of the perpetrator.

(3) A circumstance that is a feature of a criminal offense may not be taken into account as an aggravating or mitigating circumstance, unless it exceeds the measure necessary for the existence of a criminal offense or a certain form of criminal offense or if there are two or more such circumstances, where only one is sufficient for the existence of a more serious or easier form of crime.

A special circumstance for sentencing in case of a hate crime

Article 54a

If the crime was committed out of hatred due to race and religion, national or ethnic origin, gender, sexual orientation or gender identity of another person, the court will assess this circumstance as an aggravating circumstance, unless it is prescribed as a feature of the crime.

Recidivism

Article 55

When the court imposes a sentence on a perpetrator for a criminal offense committed after serving, forgiven or obsolete sentence or release from punishment, after the expiration of the term for revocation of a suspended sentence or after a court reprimand, it may take this circumstance as aggravating, especially considering the gravity of the previously committed criminal offense, whether the previous offense is of the same type as the new offense, whether both offenses were committed for the same motives, the circumstances under which the offenses were committed and how much time has elapsed since the previous conviction, i.e. from the sentence imposed, pardoned or from the expiration of the term for revocation of the previous suspended sentence or from the issued court reprimand.

Mitigation of punishment

Article 56

The court may impose on the perpetrator a criminal offense below the limit prescribed by law or a milder type of punishment, when:

1) the law stipulates that the sentence may be reduced;

2) the law stipulates that the perpetrator may be released from punishment, and the court shall not release them from punishment;

3) it is determined that there are particularly mitigating circumstances and assessed that the purpose of punishment can be achieved even with a reduced sentence.

Limits of mitigation of punishment

Article 57

(1) When there are conditions for mitigation of punishment referred to in Article 56 of this Code, the court shall reduce the punishment within the following limits:

1) if the criminal offense is punishable by imprisonment for a term of ten years or more, the sentence may be reduced to seven years of imprisonment;

2) if the criminal offense is punishable by imprisonment for a term of five years as the minimum measure of punishment, the sentence may be reduced to three years of imprisonment;

3) if the criminal offense is punishable by imprisonment for a term of three years as a minimum measure of punishment, the sentence may be reduced to one year of imprisonment;

4) if the criminal offense is punishable by imprisonment for a term of two years as the minimum measure of punishment, the punishment may be reduced to six months of imprisonment;

5) ) if the criminal offense is punishable by imprisonment for a term of one year as the minimum measure of punishment, the punishment may be reduced to three months of imprisonment;

6) if the criminal offense is punishable by imprisonment for a term less than one year as a minimum measure of punishment, the punishment may be reduced to thirty days of imprisonment;

7) if the criminal offense is punishable by imprisonment without the imposition of the least measure, a fine or community work may be imposed instead of imprisonment;

8) if a fine is prescribed for the criminal offense, the punishment may be reduced to one half of the minimum measure of the prescribed punishment.

(2) Notwithstanding paragraph 1 of this Article, the punishment for criminal offenses referred to in Art. 134 paragraphs 2 and 3, 178, 179, 180, 214 paragraphs 2 and 3, 246 paragraphs 1 and 3, 350 paragraphs 3 and 4 and 388 of this Code may not be mitigated.

(3) Notwithstanding paragraph 1 of this Article, the punishment of a perpetrator of a criminal offense who has previously been convicted of the same criminal offense may not be mitigated.

(4) When the court is authorized to release the perpetrator of the criminal offense from punishment, it may mitigate their punishment, without the restrictions prescribed in paragraphs 1 to 3 of this article.

Exemption from punishment

Article 58

(1) The court may release the perpetrator of a criminal offense from punishment only when the law explicitly provides for it.

(2) The court may acquit the perpetrator of a criminal offense committed through negligence when the consequences of the offense hit the perpetrator so hard that the imposition of a sentence in such a case would obviously not correspond to the purpose of the punishment.

(3) The court may also release the perpetrator of a criminal offense punishable by imprisonment for up to five years, if after the criminal offense has been committed, and before it has been discovered, he/she eliminates the consequences of the offense or compensates the damage caused by the criminal offense.

Reconciliation of the perpetrator and the injured party

Article 59

(1) The court may release from the punishment the perpetrator of a criminal offense for which a prison sentence of up to three years or a fine is prescribed if, on the basis of the agreement reached with the injured party, he has fulfilled all obligations under that agreement.

Criminal offenses in the acquisition

Article 60

(1) If the perpetrator has committed several criminal offenses for which he is being tried at the same time with one act or with several acts, the court shall previously determine the penalties for each of those offenses, and shall impose a single punishment for all those offenses.

(2) The court shall impose a single sentence according to the following rules:

1) if it has determined a sentence of imprisonment of thirty to forty years for any of the criminal offenses in the acquisition, it shall impose only that sentence;

2) if it has established imprisonment sentences for criminal offenses in the acquisition, it shall increase the most severe established sentence, provided that the single sentence may not reach the sum of the determined sentences, nor exceed twenty years of imprisonment.

3) if imprisonment sentences of up to three years are prescribed for all criminal offenses in the acquisition, the single sentence may not exceed ten years of imprisonment;

4) if it has determined only fines for criminal offenses in the acquisition, it shall impose one fine in the amount of the determined fines, provided that it may not exceed eighteen million dinars, and if it has determined only fines in certain amounts (Article 50) , it must not exceed one million dinars or ten million dinars when one or more criminal acts were committed out of greed;

5) if it has determined only penalties for community work for criminal offenses, it shall impose one penalty for community work in the amount of the determined hours of work, provided that it may not exceed three hundred and sixty hours, and the time during which the work has to be done must not be longer than six months;

6) if it has determined imprisonment for some criminal offenses in the acquisition, and for other offenses a fine, it shall impose one imprisonment sentence and one fine in accordance with the provisions of items 2 to 4 of this paragraph.

(3) The court shall impose a fine as an ancillary fine if it has been determined for at least one criminal offense in the acquisition, and if it has determined several fines, it shall impose one fine in accordance with the provision of paragraph 2, item 4 of this Article. If the court determines the fine as the principal penalty, and also determines the fine as an ancillary penalty, it shall impose one fine applying the rules referred to in paragraph 2, item 4 of this Article.

(4) If the court has determined the sentences of imprisonment and juvenile imprisonment for criminal offenses, it shall impose the sentence of imprisonment as a single punishment by applying the rules provided for in paragraph 2, item 2 of this Article.

WARNING MEASURES

1. Conditional sentence and court reprimand

The purpose of a conditional sentence and a court reprimand

Article 64

(1) Warning measures are: conditional sentence and court reprimand.

(2) Within the general purpose of criminal sanctions (Article 4, paragraph 2), the purpose of a conditional sentence and a court reprimand is not to impose a punishment on the perpetrator of a lesser criminal offense when it can be expected that a warning with a threat of punishment (conditional sentence) or only a warning (court reprimand) sufficiently influence the perpetrator to no longer commit crimes.

Conditional sentence

Article 65

(1) By a conditional sentence, the court shall determine the punishment for the perpetrator of the criminal offense and at the same time determine that it shall not be executed if the convicted person does not commit a new criminal offense during the time determined by the court, which may not be shorter than one or longer than five years (the probation period).

(2) The court may determine in a conditional sentence that the sentence shall be executed if the convicted person does not return the material gain obtained by committing the criminal offense, does not compensate the damage caused by the criminal offense or fails to fulfil other obligations provided in criminal law provisions. The deadline for fulfilling these obligations is determined by the court within a certain probation period.

(3) Security measures, imposed with a conditional sentence, shall be executed.

Conditions for imposing a conditional sentence

Article 66

(1) A conditional sentence may be imposed when the perpetrator has been sentenced to imprisonment for a term of less than two years.

(2) For criminal offenses for which a sentence of imprisonment of ten years or a heavier sentence may be imposed, a conditional sentence may not be imposed.

(3) A conditional sentence may not be imposed if more than five years have elapsed since the conviction, by which the perpetrator was sentenced to imprisonment for an intentional criminal offense, has become final.

(4) In deciding whether to impose a conditional sentence, the court shall, taking into account the purpose of the conditional sentence, take into account the perpetrator's personality, their previous life, their behaviour after the crime, degree of guilt and other circumstances under which the crime was committed.

(5) If the perpetrator has been sentenced to both imprisonment and a fine, a conditional sentence may be imposed only for imprisonment.

Revocation of a conditional sentence for a new crime

Article 67

(1) The court shall revoke the conditional sentence, if the convict commits one or more criminal offenses during the probation period for which a sentence of imprisonment of two years or longer has been imposed.

(2) If the convicted person commits one or more criminal offenses for which a sentence of imprisonment of less than two years or a fine has been imposed at probation period, the court shall, having assessed all circumstances relating to the committed criminal offenses and the perpetrator, the acts, their significance and the motives from which they were committed, decide whether to revoke the suspended sentence. The court is bound by the prohibition of imposing a conditional sentence, if the perpetrator for criminal offenses determined in the conditional sentence and for new criminal offenses should be sentenced to imprisonment of two years or longer (Article 66, paragraph 1).

(3) If the conditional sentence is revoked, the court shall, applying the provisions of Article 60 of this Code, impose a single sentence of imprisonment for both the previously committed and the new criminal offense, taking the sentence from the revoked conditional sentence as determined.

(4) If it does not revoke the conditional sentence, the court may impose a conditional sentence or sentence