'Territorial jurisdiction - national proceedings' in document 'Serbia - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
GENERAL PROVISIONS

Chapter II
THE JURISDICTION OF THE COURTS

2. Territorial jurisdiction
General rules on determining territorial jurisdiction
Article 25
(1) As a rule, the court within whose territory the criminal offense is committed shall have jurisdiction. It shall be considered that the criminal offense is committed both in the place where the perpetrator acted or was obligated to act, as well as the place where the consequence, entirely or partly, occurred. In cases of attempted criminal offense, the jurisdiction belongs to the court of the territory on which the last act was committed or omitted, and if the last act was committed or omitted outside the territory of the Republic of Serbia, it falls under the jurisdiction of the

court of the territory on which the consequence of a criminal offense should have occurred.
(2) If the criminal offence is committed within the territory of several courts or on their border, or if it is uncertain within which territory the offence has been committed, the court which on the request of authorized prosecutor has first instituted proceedings shall have jurisdiction, and if proceedings have not yet been instituted - the court to which the request for commencement of proceedings was first submitted shall have jurisdiction.
Territorial jurisdiction for criminal offenses committed on domestic ships
or airc rafts
Article 26
If a criminal offense has been committed on a domestic ship or domestic aircraft while in domestic harbor, it shall fall under the jurisdiction of the court of the territory of the harbor. In other cases when the criminal offense is committed on a domestic ship or domestic aircraft, it shall fall under the jurisdiction of the court of the territory of the home port of the ship, i.e. aircraft or domestic port where the ship or aircraft stops first.
Territorial jurisdiction for criminal offenses committed in the media or
via the global information network
Article 27
(1) If the criminal offense has been committed through the press, it shall fall under the jurisdiction of the court of the territory on which the text was published. If the place is unknown or if the text was printed abroad, it shall fall under the jurisdiction of the court of the territory on which the printed text is being distributed.
(2) If, according to law, the responsible person is the author of the text, the court of the territory on which the author has domicile shall have jurisdiction, or the court of the territory on which the event that the text refers to occurred.
(3) If the text or statement has been broadcasted via the radio, television, internet or other media, the court of the territory on which it has been published shall have jurisdiction and provision of paragraph 2 of the present Article shall consequently be applied to these cases as well.
Determination of territorial jurisdiction according to domicile or residence
of the defendant

Article 28
(1) If the place where the criminal offense has been committed is not known or if it is beyond the territory of the Republic of Serbia, it falls under the jurisdiction of the court of the territory of domicile or residence of the defendant.
(2) If the court on whose territory the defendant has domicile or residence has already instigated a proceeding, the jurisdiction remains with that court even if the place where the criminal offense was committed is subsequently disclosed.
Determination of territorial jurisdiction according to the place where the defendant
has been apprehended or where he turned himself in
Article 29
If the place where the criminal offense was committed is unknown, as well as the domicile or residence of the defendant, or both are beyond the territory of Serbia, the jurisdiction lies with the court of the territory on which the defendant has been apprehended or approached the authorities by himself.
Determination of territorial jurisdiction in cases where the criminal offense was
committed in the Republic of Serbia and beyond its territory
Article 30
If a person commits a criminal offense in the Republic of Serbia and in the Republic of Montenegro, i.e., abroad, the jurisdiction lies with the court competent for the criminal act committed in the Republic of Serbia.
Determination of territorial jurisdiction by the decision of the
Supreme Court of Serbia
Article 31
If according to the provisions of the present Code it is not possible to determine which court has territorial jurisdiction, the Supreme Court of Serbia shall designate one of the courts that has subject matter jurisdiction as the court before which the proceeding shall be conducted.

Part One
GENERAL PART

Chapter II
JURISDICTION OF COURTS

2. Territorial Jurisdiction

Location where the Crime was Committed

Article 23

As a rule, the court within whose territory the criminal offence was committed or attempted has territorial jurisdiction.

Private prosecution may be instituted with a court within whose territory the defendant has permanent or temporary residence.

Where a criminal offence was committed or attempted within the territories of several courts or at the boundary between their territories, or where it is not certain in which territory it was committed or attempted, the court in whose territory criminal proceedings were first instituted has jurisdiction.

Part One
GENERAL PART

Chapter II
JURISDICTION OF COURTS

2. Territorial Jurisdiction

Criminal Offences Committed through Media

Article 27

If a criminal offence was committed through the media, the court on whose territory lies the seat of the media has jurisdiction, and where the location of its seat is not known or if it is abroad, the court within whose territory the information was published has jurisdiction.

Where the author of the information is accountable under the law, the court where the author has temporary or permanent residence has jurisdiction, or the court of the location where the event to which the information relates took place.

The provisions of paragraphs 1 and 2 of this Article apply mutatis mutandis to criminal offences committed by way of other printed materials.

Part One
GENERAL PART

Chapter II
JURISDICTION OF COURTS

2. Territorial Jurisdiction

Criminal Offences Committed in the Republic of Serbia and Abroad

Article 28

If a person has committed criminal offences both in the Republic of Serbia and abroad, the court which is competent for the criminal offence committed in the Republic of Serbia has jurisdiction.