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

Finding a person in the act of committing a criminal offense (Civil arrest)
Article 266
(1) Everyone may deprive of liberty a person who is in the act of committing a criminal offense subject to ex officio public prosecution.
(2) The person found during the commission of a criminal offense is:
1) Person found in the actual act of committing a criminal offense
2) Person captured by another person who was an eye witness to the commission of a criminal offense, as a perpetrator or an accomplice of the criminal offense
3) Person found immediately after the commission of a criminal offense with a weapon or an object connected with the criminal offense, or another object that directly appoints to participation in the criminal offense committed
4) Person on whom there are obvious traces of participation in the recently committed criminal offense
(3) The person deprived of liberty must be immediately brought before the Investigative Judge or police authority and if this is not possible, one of these authorities must be immediately informed thereof. The police authority shall immediately notify Public Prosecutor and proceed pursuant to Article 262 of the present Code.
(4) When the person deprived of liberty was transferred to the Investigative Judge, or was brought before him by the police authority, Investigative Judge shall immediately notify the Public Prosecutor, if the police authority has not already done so, therefore interrogate person deprived of liberty in the capacity of a suspect in the presence of the Public Prosecutor, pursuant to Article 263 of the present Code.
(5) Public Prosecutor may immediately after the interrogation of a suspect, or after the interrogation of a person from paragraph 6 of the present Article, submit a Request for conducting proceedings before the Investigative Judge pursuant to Article 469 of the present Code.
(6) Investigative judge shall interrogate a person who handed over person deprived of liberty during the commission of the criminal offense in the capacity of a witness pursuant to the Article 109 of the present Code. If the citizen handed over the person found in the act of commission of a criminal offense to the police authority, it shall secure that the citizen who consents to it be brought before the Investigative Judge, without delay and with the respect for his personality and dignity for the purpose of being interrogated as a witness.
Police authority acts upon finding a person at the site of commission of crime
Article 267
(1) The authorized police officials are entitled to send persons found at the site of the commission of a criminal offense to the Public Prosecutor or to hold them there until his arrival, if these persons may reveal information important for the criminal proceedings and if it appears likely that their examination at a later point might be impossible or might entail considerable delay or other difficulties. Such persons shall not be held at the site of the commission of a criminal offense longer than 6 hours.
(2) Persons from paragraph 1 of the present Article can be interrogated by Public Prosecutor pursuant to the Article 258 of the present Code.

Keywords

Arrest
Arrest for national proceedings



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