Serbia

Criminal Procedure Code

Part II
THE COURSE OF PROCEEDINGS

A. CRIMINAL OFFENSE REPORT, PRELIMINARY INVESTIGATION AND NOTIFICATION OF CRIMINAL OFFENCE

Chapter XIX
PRELIMINARY INVESTIGATION AND SUBMISSION OF NOTIFICATION ON CRIMINAL OFFENCE

The activities of the police authority during preliminary investigation
Article 255
(1) If there are grounds for suspicion that a criminal offense subject to ex officio public prosecution was committed, the police authorities shall be obligated to take necessary measures aimed at identifying, locating and capturing the perpetrator of the criminal offense, preventing the perpetrator or accessory after the fact from going into hiding or fleeing, discovering and securing traces of the criminal offense and objects which may serve as evidence as well as gathering all information which could be useful for successfully conducting criminal proceedings.
(2) In order to fulfill the duties referred to in paragraph 1 of the present Article, the police authorities may conduct the following preliminary investigation activities: seek information from citizens; carry out the necessary inspection of the means of transportation, passengers and luggage; restrict movement of people and vehicles in a certain territory for a necessary period of time, no longer than for six hours; undertake necessary measures regarding the establishment of the identities of persons or objects; issue a wanted notice for a person or warrant for objects searched for; carry out in the presence of the authorized person an inspection of objects and premises of government authorities, enterprises, firms and other legal entities; review their documentation and seize it temporarily if necessary, as well as undertake other necessary measures and actions.
(3) A record or an official note shall be made about the facts and circumstances determined in the course of conducting particular activities from the paragraph 2 of the present Article, which may be of importance for criminal proceedings, as well as about the discovered or seized objects. The police authorities may record, using audio and video recording equipment, certain activities from the paragraph 2 of the present Article, and video – audio recordings shall be attached to the file record, i.e. to the official note.
(4) When conducting a crime scene investigation for the criminal offense against traffic safety in cases where reasonable suspicion exists that it has caused grave consequences or has been committed with the criminal intent, the police authorities may temporarily and for up to three days, seize the driving license from the suspect.

Keywords

Search and seizure - national proceedings



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