Criminal Law
What to do if the police have called you in, if you have received a criminal complaint, or if you were involved in a traffic accident.
Overview of this area
Criminal and misdemeanor law govern when the state may restrict a person's liberty or property because of a violation of regulations, and the rules by which that is established. Criminal offenses are defined by the Krivični zakonik (the Criminal Code); they are more serious violations of protected interests (life, health, property, traffic safety, and others), and proceedings are conducted under the Zakonik o krivičnom postupku (the Criminal Procedure Code), with the participation of the public prosecutor's office and the court. Misdemeanors are lesser violations of regulations - typically in the areas of traffic, public order and peace, or specific laws - and are decided by the misdemeanor court under the Zakon o prekršajima (the Law on Misdemeanors), generally faster and with milder sanctions.
In practice, these two areas most often intersect for ordinary citizens in a few situations: a police summons for an informational interview or questioning, learning that a criminal complaint has been filed against them, and involvement in a traffic accident where property damage or injuries may develop into misdemeanor or criminal liability. The same basic rules apply in all three situations: no one is obliged to incriminate themselves, the right to defense counsel exists from the first contact with the prosecuting authorities, and guilt is decided exclusively by the competent court, following completed proceedings.
The pages linked to this one explain what to do in practice in each of these situations - which deadlines to keep in mind, what the first steps are, and when it makes sense to involve a lawyer. These are general, informational explanations; a specific case always depends on facts that only a lawyer can assess after reviewing the documentation.
Sources
- Criminal Procedure Code (Zakonik o krivičnom postupku, Sl. glasnik RS, no. 72/2011 ... 62/2021 - Constitutional Court decision), Arts. 68, 74 and 288
- Criminal Code (Krivični zakonik, Sl. glasnik RS, no. 85/2005 ... 94/2024 and 63/2026)
- Law on Misdemeanors (Zakon o prekršajima, Sl. glasnik RS, no. 65/2013 ... 112/2022 - Constitutional Court decision)
- First Basic Court in Belgrade: Certificates (Prvi osnovni sud u Beogradu: Uverenja)
- eUprava: Application for a certificate of (no) criminal record, issued by MUP
FAQ
What is the difference between a criminal offense and a misdemeanor?
A criminal offense is defined by the Krivični zakonik (the Criminal Code), and it carries a sentence of imprisonment or a fine imposed in criminal proceedings before a court of general jurisdiction. A misdemeanor is a lesser violation of regulations (for example, in the area of traffic safety, public order, or tax obligations), and it is decided by a misdemeanor court under the rules of the Zakon o prekršajima (the Law on Misdemeanors), with milder sanctions. For the same event, both proceedings are sometimes possible, either in parallel or one after the other, depending on how the act is legally classified.
Can I defend myself in criminal proceedings without a lawyer?
The Zakonik o krivičnom postupku (the Criminal Procedure Code) allows self-representation (Art. 68(1)(3)), except in cases of mandatory defense that the law expressly lists (Art. 74) - for example, when the accused is mute, deaf, blind, or unable to defend themselves effectively, when the proceedings concern a criminal offense carrying a prison sentence of eight years or more, or when the accused is held or detained. In those situations defense counsel must be engaged, and if the accused does not arrange one, the court appoints defense counsel ex officio.
I received a summons from the police or the prosecutor's office - what does that mean?
A summons by itself does not mean that any decision on guilt has been made against you. It may mean that the police are collecting information from you as a citizen, that testimony is being sought from you as a witness, or that you have been summoned as a suspect for questioning. A police summons must state the reason for the summons and the capacity in which you are called (Art. 288(1) of the Criminal Procedure Code), which determines which rights apply at that point.
Where can I get a certificate that no criminal proceedings are being conducted against me?
That certificate is issued by the competent court (as a rule, the basic court for your place of residence), based on its own records of the cases before it. It should not be confused with the certificate of (no) criminal record, which concerns earlier final convictions and is issued by the Ministry of the Interior (MUP) - these are two different documents for two different purposes (for example, a job application often asks specifically for the certificate of no criminal record, while some procedures or visas require the certificate that no proceedings are being conducted). For example, the First Basic Court in Belgrade issues this certificate for the territory of all three basic courts and the Higher Court in Belgrade, on presentation of an ID card or passport and a fee of RSD 300. Check the exact application procedure, required documents and fee amount with the competent court, as the fee is adjusted periodically. An application for the certificate of (no) criminal record issued by MUP can also be filed electronically through the eUprava portal.
Does the page I am reading constitute legal advice for my case?
No. The texts in this section of the portal provide general, informational answers based on the applicable regulations and serve as a first orientation. Assessing a specific case - including deadlines, evidence, and defense strategy - requires a conversation with a lawyer who is familiar with all the circumstances.