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.
Territorial jurisdiction - national proceedings
EDIT.