Serbia

Criminal Procedure Code

Part II
THE COURSE OF PROCEEDINGS

C. TRIAL AND JUDGMENT

Chapter XXIV
THE TRIAL

2. Conducting the trial

Criminal offence committed at the trial
Article 324
(1) If the defendant commits a criminal offense at the trial, the court shall proceed according to the provision of Article 366 of the present Code.
(2) If someone else commits a criminal offense while the trial court is in session, the Trial Chamber may suspend the trial and upon prosecutor’s oral charge proceed to try this criminal offense immediately, or it may try this offense after the conclusion of the pending trial.
(3) If grounds for suspicion exist that a witness or expert witness has given a false testimony at the trial, he shall not be immediately tried for that offense. In such a case, the President of the Trial Chamber may order a separate record to be drawn up on the statement of the witness or expert witness which shall be delivered to the Public Prosecutor. This record shall also contain remarks of the examined witness i.e. expert witness who shall sign such record, and if they refuse to do so the President of the Trial Chamber shall make an official note on it in the record.
(4) The Public Prosecutor to whom the record referred to in paragraph 4 of the present Article was delivered shall, within 15 days from the day of receiving the record, notify the President of the Trial Chamber of the undertaken measures. When the Public Prosecutor instigated criminal prosecution of a witness i.e. expert witness referred to in paragraph 3 of the present Article, or when he determines that no
grounds exist for criminal prosecution, he shall accordingly notify the President of the Trial Chamber within 8 days.
(5) If it is not possible to try the perpetrator of a criminal offense subject to ex officio prosecution immediately, or if a higher court has jurisdiction over the case, the Public Prosecutor having jurisdiction shall be notified thereof for further action.

Keywords

Offences against administration of justice
National prosecution for offences against the administration of justice



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