Serbia

Criminal Procedure Code

Part Two
COURSE OF THE PROCEEDINGS

Chapter XV
PRE-INVESTIGATION PROCEEDINGS

2. Authority of the Authorities Conducting Pre-investigation Proceedings

Keeping a Suspect in Custody
Article 294

The public prosecutor may exceptionally keep in custody for the purpose of questioning a person arrested in accordance with Article 291 paragraph 1 and Article 292 paragraph 1 of this Code, as well as the suspect referred to in Article 289 paragraphs 1 and 2 of this Code, not more than 48 hours from the time of the arrest, or the response to a summons.

The public prosecutor, or upon his authorisation, the police, issues and serves a ruling on custody immediately, or not more than two hours after the suspect was told that he would be kept in custody. The ruling must specify the offence of which the suspect is accused, grounds for suspicion, date and time of deprivation of liberty or response to a summons, as well as time of commencement of the custody.

The suspect and his defence counsel are entitled to appeal against the ruling on custody within six hours of the delivery of the ruling. A decision on the appeal is issued by the judge for the preliminary proceedings within four hours of receiving the appeal. The appeal does not stay the execution of the ruling.

The suspect is entitled to the rights referred to in Article 69 paragraph 1 of this Code.

The suspect must have a defence counsel as soon as the authority conducting proceedings referred to in paragraph 2 of this Article issues a ruling on custody. If the suspect does not retain a defence counsel on his own within four hours, the public prosecutor will secure one for him ex officio, according to the order on the list of lawyers submitted by the competent bar association.

Keywords

Provisional arrest
Arrest
Provisional arrest - detention pending surrender
Detention pending surrender
Arrest for national proceedings
Provisional arrest for national proceedings



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