Serbia

Criminal Procedure Code

Part I
GENERAL PROVISIONS

Chapter IX
MEASURES FOR SECURING THE PRESENCE OF A DEFENDANT AND UNDISTURBED CONDUCT OF CRIMINAL PROCEEDING

2. Summons
Article 166
(1) The presence of the defendant in criminal proceedings shall be provided by serving him with summons. The summons shall be issued by an authority in charge of the criminal proceedings.
(2) The defendant shall be summoned by means of serving a sealed written summons containing: the indication of the summoning authority, the first name and surname of the defendant, statutory title of the criminal offence he is charged with, the place, date and hour of appearance, information that the addressee is being summoned as a defendant and the warning that in the case of his failure to appear he shall be brought in by force, the official seal and the first name and surname of the judge who is serving the summons.
(3) When summoned for the first time, the defendant shall be informed of his right to retain a defense counsel and of the right to have the defense counsel present during the interrogation.
(4) The defendant is bound immediately to notify the court of changes of his address as well as of his intention to change his place of residence. The defendant shall be instructed thereon at his first interrogation, or at the time the indictment without investigation is served (Article 258) or when the motion to indict or a private charge is served, and shall be warned of the consequences prescribed by the present Code.
(5) If the defendant is unable to appear due to illness or other unavoidable impediment, he shall be interrogated at the place where he is or transportation to the court or other location where the action is being carried out shall be provided.
(6) If a defendant has a defense counsel, the authority conducting the proceedings may, when it estimated that such summoning is justified and not in collision with the fair conduct of the criminal proceedings (Article 1, paragraph 1), after having been summoned for the first time pursuant to paragraph 2 of this Article, summon
the defendant trough the notice to his defense counsel, and the defendant shall be instructed thereof in the first summons.
(7) Defendant may be summoned pursuant to the Article 108, paragraph 2 of the present Code, after being summoned for the first time pursuant to paragraph 2 of the present Article.
3. Compulsory Appearance
Article 167
(1) A warrant for compulsory appearance may be issued by a court if a ruling on detention is issued or if a duly summoned defendant fails to appear and fails to justify his absence or if it was not possible to duly serve the summons and the circumstances clearly indicate that the defendant is evading the receipt of the summons.
(2) A warrant for compulsory appearance shall be executed by the police.
(3) A warrant for compulsory appearance shall be issued in a written form. A warrant shall contain: the first name and surname of the defendant who is to be brought in, the place and year of birth, statutory title of the criminal offence he is charged with along with the indication of the relevant provision of the Criminal Code, the ground for the issuance of the warrant for compulsory appearance, the official seal and the signature of the judge who issued the warrant.
(4) The person to whom the execution of the warrant is conferred shall serve it to the defendant and shall invite the defendant to accompany him. If the defendant refuses to comply he shall be brought in by force.
(5) The warrant for compulsory appearance issued against military personnel, members of the police authorities and penitentiary staff shall be executed by their headquarters, .i.e. institution.

Keywords

Arrest
Arrest for national proceedings



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