Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES



The rights of a person deprived of liberty
Article 7
(1) A person deprived of liberty by the competent government authority has to be immediately informed, in his native language or a language he understands, about the reasons for deprivation of liberty, as well as concerning everything that is held against him, as well as of the following rights:

10) to request compensation for unfounded deprivation of liberty.

Part I
GENERAL PROVISIONS

Chapter I
BASIC RULES

The rights of persons unjustifiably convicted or unreasonably deprived of
liberty
Article 10
(1) A person who was unjustifiably convicted for a criminal offence or whose deprivation of liberty was unfounded shall be entitled to rehabilitation, compensation from the state, and other rights established by law.
(2) All government authorities have the obligation to urgently react regarding the implementation of rights as defined in paragraph 1 of the present Article.

Part I
GENERAL PROVISIONS

Chapter XVI
CLAIMS FOR INDEMNIFICATION

Consideration of a claim for indemnification in criminal proceedings and its
subject
Article 232
(1) A claim for indemnification arising out of the commission of a criminal offense shall be considered in criminal proceedings upon the motion of authorized persons, provided that this does not considerably delay the proceedings.
(2) The claim for indemnification may consist of a demand for the compensation of damages, recovery of an object or the annulment of a certain legal transaction.
The person authorized to submit a motion to assert a claim for indemnification
Article 233
(1) A motion to assert a claim for indemnification in criminal proceedings may be made by a person who is entitled to litigate an issue in a civil action.
(2) If a damage arising out of the commission of a criminal offense is made to a state or social property, the authority entitled by law to protect such a property may participate in criminal proceedings according with the powers provided by that law.
Submitting of the motion to assert a claim for indemnification
Article 234
(1) A motion to assert the claim for indemnification in criminal proceedings shall be submitted to the authority entrusted with receiving a criminal offense report or to the court conducting the proceedings.
(2) The motion may be submitted prior to the conclusion of the trial before the court at the first instance, at the latest.
(3) The person entitled to submit a motion must specify his claim and offer supporting evidence.
(4) If the authorized person fails to submit a motion for indemnification in criminal proceedings until the indictment is raised, he shall be informed of his right to make the motion until the conclusion of the trial. If a damage arising out of the commission of a criminal offense is made to a state or social property and a motion is not submitted, the court shall inform the authority referred to in Article 233 paragraph 2 of the present Code thereof.
Withdrawal of the motion submitted to assert the claim for indemnification
and transferring of the claim to another person
Article 235

(1) Persons entitled to assert a claim for indemnification (Article 233) may withdraw their motion until the conclusion of the trial and submit it as a civil action. In the case that the motion has been withdrawn it cannot be submitted again.
(2) If, after the motion has been submitted and prior to the conclusion of the trial, the right contained in the claim is transferred to another person under the provisions of civil law, this person shall be invited to declare whether he is willing to continue pursuit of the claim. If a duly served person fails to appear it shall be deemed that he has withdrawn the motion.
Examining the claim for indemnification
Article 236
(1) The court conducting the proceedings shall examine the defendant with respect to the facts set out in the motion and explore the circumstances which are of importance for the decision on the claim for indemnification. Even before such a motion is submitted, the court is bound to collect evidence and carry out inquires into circumstances necessary for the adjudication of the claim.
(2) If an inquiry into a claim for indemnification would considerably delay criminal proceedings, the court shall collect only that information which discovery would be impossible or considerably impeded later on.
Decisions on claim for indemnification
Article 237
(1) The court shall have jurisdiction to decide on claims for indemnification.
(2) The court may in a convicting judgment satisfy the claim of the authorized person fully, or it may satisfy it partially while directing the authorized person to assert the rest of the claim in a civil action. If data established in criminal proceedings furnish no reliable basis for either full or partial adjudication, the court shall direct the authorized person to assert his claim in its entirety in a civil action.
(3) When rendering a judgment of acquittal, a judgment denying the charge, or a ruling discontinuing criminal proceedings, the court shall direct the authorized person to assert his claim for indemnification in a civil action.
(4) When the court declares itself incompetent to conduct criminal proceedings, it shall instruct the authorized person that he may assert his claim for indemnification in criminal proceedings which shall be instituted or continued by a court having jurisdiction.

(5) During criminal proceeding or upon its termination the court may regardless of the decision, advise injured person, i.e. a person that submitted claim for indemnification and defendant to try to settle their dispute through mediation proceeding in accordance with the Code on Mediation.
Delivery of the objects to the injured person
Article 238
When the claim for indemnification is a claim to recover an object, the court shall order in its judgment that the objects be delivered to the injured person if it established that the object belongs to the injured person and that it is in the possession of the defendant, or some of the accomplices or a person to whom they entrusted the object.
The annulment of a legal transaction
Article 239
When the claim for indemnification concerns the annulment of a particular legal transaction and the court finds it justified, it shall adjudicate the full or partial annulment of that legal transaction, with all the consequences deriving there from, without effecting the rights of third parties.
Altering the final judgment which decided on a claim for indemnification
Article 240
(1) In criminal proceedings the court may alter a final judgment which decided on a claim for indemnification, only upon a request for the reopening of criminal proceedings or for the protection of legality of the final judgment.
(2) Except for the case referred to in paragraph 1 of the present Article, a final criminal case judgment which decided on a claim for indemnification may be revised only in civil proceedings at the request of the convicted person, i.e. his heirs, provided that grounds exist for reopening of the proceedings under rules on civil proceedings.
Temporary measures of securing a claim of indemnification
Article 241
(1) Provisional measures securing a claim for indemnification arising out of the perpetration of a criminal offense may be ordered upon the motion of authorized persons (Article 233) and according to the rules of enforcement proceedings.
(2) In the course of the investigation, the ruling from paragraph 1 of the present Article shall be rendered by the Investigative Judge. After the indictment was raised, the ruling shall be rendered outside the trial by the President of the Chamber, and at the trial by the chamber.
(3) A ruling rendered by the chamber on provisional measures securing the claim is not subject to appellate review. In other cases, the chamber referred to in Article 24 paragraph 6 shall decide on an appeal. An appeal shall not stay the execution of the ruling.
Return of objects
Article 242
(1) If the objects involved undoubtedly belong to the injured person and they do not serve as evidence in criminal proceedings, these objects shall be handed over to the injured person even prior to the termination of proceedings.
(2) If several injured persons claim ownership of an object, they shall be directed to institute a civil action and the court shall in criminal proceedings order only safekeeping of the objects as a provisional measure securing the claim.
(3) Objects serving as evidence shall be seized temporarily from the owner and returned to him after the termination of proceedings. If such an object is indispensable to the owner it may be returned to him even before the termination of proceedings but he shall be obligated to bring it upon request.
Temporary securing measures towards third party
Article 243
(1) If the injured person has a claim against a third party because he is in the possession of objects acquired by the commission of a criminal offense, or because a third party acquired pecuniary benefit as a result of the criminal offense, the court may in criminal proceedings upon the motion of authorized persons (Article 233) order, according to the rules on enforcement proceedings, a provisional measure securing the claim against that third party as well. In this case, the provisions of Article 242 paragraphs 2 and 3 of the present Code shall also apply.
(2) In a judgment of conviction the court shall either vacate the measures referred to in paragraph 1 of the present Article if these have not already been vacated, or instruct the injured person to institute civil proceedings, with the proviso that these measures shall be vacated if the civil proceedings are not instituted within a term set by the court.

Part III
SPECIAL PROCEEDINGS

Chapter XXXVI
PROCEEDINGS FOR COMPENSATION OF DAMAGES, REHABILITATION AND REALIZATION OF OTHER RIGHTS OF UNJUSTIFIABLY CONVICTED PERSONS OR PERSONS ILLEGALLY DEPRIVED OF LIBERTY

Persons entitled to compensation of damages due to wrongful conviction
Article 533
(1) The right to damages for wrongful conviction may be claimed by a person against whom a criminal sanction was imposed by a final decision or who was pronounced guilty but whose penalty was remitted, and subsequently, upon a request for an extraordinary judicial remedy, the new proceedings were discontinued by a final decision or the convicted person was acquitted by a final judgment or the charge was denied, except in the following cases:

1) If the proceeding was discontinued or the indictment denied by a judgment because in the new proceedings the subsidiary prosecutor or private prosecutor desisted from prosecution or if the injured person desisted from prosecution, provided that desistance occurred on the basis of an agreement with the defendant;
2) If the ruling on discontinuation of criminal proceeding or the judgment denying the indictment is rendered because the criminal offence was covered by amnesty or pardon;
3) If in the new proceeding the indictment was dismissed due to the lack of court’s jurisdiction and the authorized prosecutor has initiated prosecution before the court having jurisdiction.
(2) A convicted person is not entitled to damages if he deliberately caused his conviction through a false confession or otherwise, unless he was forced to do so by illegal actions of an official of a government authority (article 9).
(3) In case of a conviction for concurrence of offenses, the right to damages may also apply to individual criminal offenses in respect of which conditions for granting of damages are met.
Filing of claim for damages to administrative authority
Article 534
(1) The statute of limitations for the right to damages shall expire in three years from the day the judgment at first instance for acquittal or judgment denying the indictment became final or from the day when the ruling at first instance on discontinuance of proceedings became final, and if a higher court decided on an appeal - from the day of receipt of the higher court decision.
(2) Before filing a civil claim for damages, the injured person shall submit his request to the competent authority, in order to reach an agreement on the existence of damage and the type and amount of compensation.
(3) In the case referred to in Article 533 paragraph 1 items 3 hereof, the claim for damages shall be decided only if the authorized prosecutor has not initiated prosecution before the court having jurisdiction within a term of three months from the day of receipt of the final decision. If after this time limit the authorized prosecutor initiates prosecution before the competent court, the proceeding for damages shall be adjourned until the conclusion of the criminal proceeding.
Civil Claim for Damages
Article 535
(1) If a claim for damages is not accepted or if the administrative authority does not decide upon it within three months from the day the claim is submitted, the injured person may bring a civil action for damages with the court having jurisdiction. If a settlement was reached only on one part of the claim, the injured person may bring a civil action regarding the rest of the claim.
(2) While the proceeding referred to in paragraph 1 of the present Article is under way, the statute of limitations referred to in Article 534 paragraph 1 of the present Code does not run.
(3) A civil action for damages is brought against the Republic of Serbia. Rights of heirs of the injured person
Article 536
(1) The heirs shall inherit only the right to compensation of property damage. If the injured person filed a claim, the heirs may resume the proceedings only within the limits of the filed claim for compensation of property damage.
(2) The heirs may resume proceedings for compensation of damages or institute proceedings after his death if the injured person died before the statute of limitations expired and did not waive the claim, pursuant to the rules on damages specified by the Law on torts and contracts.
Right to damages for persons wrongfully deprived of liberty
Article 537
(1) The following persons shall also be entitled to damages:
1) A person who was detained or was imposed a ban referred to under Article 168, paragraph 2 hereof or who was otherwise deprived of liberty in connection with a criminal offence by a court, Public Prosecutor or the police, when criminal proceedings were not instituted or discontinued by a final ruling or who was acquitted by a final judgment or when the indictment was denied;
2) A person who served the sentence of imprisonment, and upon the request for the reopening of criminal proceedings, i.e. request for the protection of legality or request for a review of the legality of final judgment which was filed under the previous Criminal Procedure Code, or when the sentence of a shorter duration than the sentence served was imposed on him, or non-custodial criminal sanction was imposed or if he was pronounced guilty but the penalty was remitted;
3) A person who, due to an error or unlawful action of state authorities, was deprived of liberty without legal grounds, or was kept in detention or penitentiary institution or who was under the ban referred to in Article 168, paragraph 2 hereof for a longer period than prescribed;
4) A person whose detention or the ban referred to in Article 168, paragraph 2 hereof lasted longer than the sentence.
(2) A person who was deprived of liberty according to Article 267 hereof without legal grounds is entitled to damages if detention or the ban referred to in Article 168, paragraph 2 hereof was not ordered against him, or if the time during which he was deprived of liberty was not included in the penalty for the criminal offense or misdemeanor.
(3) A person who caused his deprivation of liberty by illicit acts is not entitled to damages. In cases referred to in paragraph 1 item 1 of the present Article, a person is not entitled to damages, despite the existence of circumstances referred to in Article 533 paragraph 1 items 1 and 2, or if the proceeding was discontinued pursuant to Article 248 hereof, or if judgment of non-suit was rendered, or the proceeding was not initiated due to settlement between the parties or due to pardon of offence (Article 477 and 268).
(4) In cases referred to in paragraphs 1 and 2 of the present Article the provisions of this Chapter shall apply mutatis mutandis.
Publication in the media of the decision revealing wrongfulness of previous
judgment and delivery of such decision to other persons
Article 538
(1) If the case related to unjustifiable conviction or illegal deprivation of liberty of some person is announced in the media and the reputation of that person is damaged thereby, the court shall, upon his request, publish in newspapers or through other media the announcement on a decision declaring that the previous conviction was wrongful or that the deprivation of liberty was unlawful. If the case is not announced in the media, such announcement shall, upon this person’s request, be delivered to a state authority, local government authority, enterprise, other legal entity or his employer, and if this is necessary for his rehabilitation – to a social or other organization. After the death of convicted person, his spouse, common-law partner, children, parents, brothers and sisters are entitled to submit such a request.
(2) The request referred to in paragraph 1 of the present Article may also be submitted if the claim for damages was not submitted.

(3) Regardless of the conditions referred to in Article 533 hereof, the request referred to in paragraph 1 of the present Article may also be submitted when the legal qualification of the offense was altered upon an extraordinary judicial remedy if, due to the legal qualification in the original judgment, the reputation of the convicted person was seriously damaged.
(4) The request referred to in paragraphs 1 to 3 of the present Article shall be submitted to the court which tried the case at first instance within a term of six months (Article 534, paragraph 1). A Trial Chamber (Article 24 paragraph 6) shall decide on the request. In deciding on the request, the provisions of Article 533 paragraphs 2 and 3 and Article 537 paragraph 3 shall apply mutatis mutandis.
Annulment of entry in criminal records
Article 539
The court which tried the case at first instance shall ex officio render a decision which annuls the entry of a wrongful conviction into the criminal register. The decision shall be delivered to an authority in charge of the criminal register. Data from the criminal register concerning the annulled entry shall not be available to anyone.
Limited inspection and copying of files
Article 540
A person allowed to inspect and copy files (Article 201) concerning wrongful conviction or illegal deprivation of liberty may not use data from such files in a manner which would be detrimental to the rehabilitation of the person against whom criminal proceedings were conducted. The President of the Court shall warn the person allowed to inspect the files, and this shall be noted on the file and signed by this person.
Retroactive recognition of employment right and social insurance
Article 541
(1) A person whose employment or social insurance was terminated due to a wrongful conviction or illegal deprivation of liberty shall have the same years of service or years of social insurance recognized as if he had been employed. The period of unemployment caused by a wrongful conviction or unlawful deprivation of liberty which was not caused through the fault of the person shall also be included in the years of service or social insurance.
(2) Whenever deciding on a right related to years of service or years of social insurance, the competent authority or institution shall take into account the years of
service or social insurance recognized by the provision of paragraph 1 of the present Article.
(3) If the authority or institution referred to in paragraph 2 of the present Article does not take into account the years of service or social insurance recognized by the provision of paragraph 1 of the present Article, the injured person may request that the court referred to in Article 535 paragraph 1 hereof determines that recognition of such a period occurred by force of law. A civil action is brought against the authority or institution which contests the recognition of years of service or social insurance and against the Republic of Serbia (Article 535 paragraph 3).
(4) Upon the request of the authority or institution competent for the realization of the right referred to in paragraph 2 hereof, the contributions specified for the period of time to which the person is entitled according to paragraph 1 of the present Article shall be paid out from budget funds (Article 535 paragraph 3).
(5) The years of social insurance recognized pursuant to the provision of paragraph 1 of the present Article shall also be the years of pension insurance.

Part III
SPECIAL PROCEEDINGS

Chapter XXXVIII
TRANSITIONAL AND FINAL PROVISIONS

Right to reopening of criminal proceeding and compensation of damages to
wrongfully convicted persons and persons wrongfully deprived of liberty
pursuant to special provisions
Article 550
(1) The right to reopening of criminal proceedings terminated by a final judgment before January 1, 1954 shall be regulated by a separate Act. Until the adoption of such Act, Article 6 of the Initial Code for the Criminal Procedure Code (“Official Gazette of the Federal People’s Republic of Yugoslavia”, No. 40/5 3) shall be in force.
(2) Upon entry into force of the present Code, Article 7 of the Initial Code for the Criminal Procedure Code (“Official Gazette of Federal People’s Republic of Yugoslavia”, No. 40/53) shall also apply with respect to damages to wrongfully convicted persons or persons unlawfully deprived of liberty, unless otherwise provided by the special Act referred to in paragraph 1 of the present Article.

Part One
GENERAL PART

Chapter I
BASIC PROVISIONS

Right to Compensation for Damages

Article 18

A person wrongfully deprived of liberty or convicted of a criminal offence is entitled to compensation of damages by the state and other rights prescribed by law.