Serbia

Criminal Procedure Code

Part III
SPECIAL PROCEEDINGS

Chapter XXXVII
PROCEEDINGS FOR ISSUANCE OF ARREST WARRANT AND NOTICE

Pursuit of the defendant and notification of his address
Article 542
If permanent or temporary address of the defendant is unknown, and where required pursuant to the provisions of the present Code, the court or Public Prosecutor shall request the police authority to look for the defendant and inform them on his address.
Issuance of arrest warrant
Article 543
(1) The issuance of arrest warrant may be ordered if the defendant is in flight and there is an order for his bringing or a decision on detention.
(2) Issuance of an arrest warrant is ordered by the court conducting the proceedings following the proposal of the Public Prosecutor or ex officio. In preliminary investigation and during investigation, the investigative judge shall order issuance of an arrest warrant, following the proposal of the Public Prosecutor. If the investigative judge does not agree with the proposal of the Public Prosecutor, the Trial Chamber referred to under Article 24, paragraph 6 hereof shall decide within 48 hours.
(3) The issuance of arrest warrant shall also be ordered if the defendant escapes from the institution where he is serving sentence regardless of the level of penalty, or from the institution where an institutional measure related to deprivation of liberty is enforced against him. In this case, the warden shall issue an arrest warrant.
(4) The order of the court or head of the institution for the issuance of an arrest warrant shall be delivered to the police authorities for execution.
Notice
Article 544
(1) Where information concerning particular objects related to a criminal offense is required or if these objects need to be located, and in particular if this is necessary to determine the identity of a corpse, it shall be ordered that a notice is published requiring that such information be communicated to the authority conducting the proceedings.
(2) The police authority may publish photographs of corpses and missing persons if there is reasonable suspicion that the death or disappearance of such persons was the result of a criminal offense.
Withdrawal of arrest warrant or notice
Article 545
The authority which ordered the issuance of arrest warrant or notice shall withdraw it immediately after the wanted person or object has been found, or after the statute of limitations for initiating prosecution or execution of penalty has expired, or due to other reasons for which the arrest warrant or notice is no longer necessary.
Issuance of arrest warrant or notice
Article 546
(1) An arrest warrant and notice shall be issued by the police authority located within the territory of the state authority before which criminal proceedings are conducted and of institution from which the person serving a sentence or institutional measure has escaped.
(2) Media may be used to inform the public of the arrest warrant and notice.
(3) If it is likely that the person on the wanted list is abroad, the Ministry of Internal Affairs may also issue an international arrest warrant, with the approval of the Ministry of Justice.

(4) Upon a request of a foreign authority, the Ministry of Internal Affairs may issue an arrest warrant for a person who is reasonably suspected to be in the Republic of Serbia, provided that the request states that extradition will be requested if such person is found.

Keywords

Arrest
Arrest for national proceedings



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