Serbia

Criminal Procedure Code

Part One
GENERAL PART

Chapter VII
EVIDENCE

2. Evidentiary Actions

i) Search

a. Basic Provisions

Subject-matter and Grounds for a Search
Article 152

A search of a dwelling or other premises or a person may be performed if it is probable that the search will result in finding the defendant, traces of the criminal offence or objects of importance for the proceedings.

A search of a dwelling or other premises or a person is performed on the basis of a court order or exceptionally without an order, on the basis of a legal authorisation.

The search of automatic data processing devices and equipment on which electronic records are kept or may be kept is undertaken under a court order and, if necessary, with the assistance of an expert.

Seizure of Objects and Documents
Article 153

During a search, objects and documents connected to the purpose of the search will be
seized.

If during a search objects are found which are not connected to the criminal offence for which the search was undertaken, but which indicate another criminal offence prosecutable ex officio, they will be described in the record and seized, and a receipt on the seizure will be issued immediately.

If the search was not undertaken or attended by the public prosecutor, the authority which performed the search will notify the public prosecutor thereof immediately.

If the public prosecutor finds that there are no grounds to initiate criminal proceedings or if the reasons for which the objects were seized cease to exist, and the reasons for their confiscation do not exist (Article 535), the objects will immediately be returned to the person from whom they were seized.

Keywords

Other forms of cooperation
Taking of evidence - national proceedings
Search and seizure - national proceedings



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