Criminal Procedure Code (ZKP) in brief: rights of the accused, detention, plea agreement, appeal

What the Criminal Procedure Code covers and whom it applies to

The Criminal Procedure Code (Zakonik o krivičnom postupku, abbreviated ZKP) lays down the rules by which it is established whether someone has committed a criminal offence and whether a sanction may be imposed: who conducts the proceedings, what rights the accused, counsel, the injured party and witnesses have, how evidence is gathered, when deprivation of liberty is permitted, how the investigation, indictment and trial proceed and what remedies exist. Which conduct constitutes an offence and what penalties apply is determined by the Criminal Code, described on the page Criminal Code in brief.

The official citation is: Zakonik o krivičnom postupku (Sl. glasnik RS Nos. 72/2011, 101/2011, 121/2012, 32/2013, 45/2013, 55/2014, 35/2019, 27/2021 (Constitutional Court decision) and 62/2021 (Constitutional Court decision)). The Code has applied since 1 October 2013, and in proceedings for organised crime and war crimes since 15 January 2012 (Art. 608). Its biggest change from the previous code is the shift to a prosecutorial investigation: the public prosecutor conducts the investigation, while the pre-trial judge (sudija za prethodni postupak) decides on detention and other measures that interfere with the accused's rights.

Three principles come up most often in practice. Presumption of innocence: everyone is presumed innocent until guilt is established by a final court decision (Art. 3). Ne bis in idem: no one may be prosecuted for an offence of which he has been finally acquitted or convicted, or for which the charge was finally rejected (Art. 4). In dubio pro reo: the court bases its judgment only on facts of whose certainty it is convinced, and resolves doubt about decisive facts in favour of the accused (Art. 16).

How the Code is structured

The Code has 608 articles in three parts and 27 chapters.

Part One, General provisions (Art. 1-279): Chapter I Basic provisions (Art. 1-20), II Jurisdiction of courts (Art. 21-36), III Disqualification (Art. 37-42), IV The public prosecutor (Art. 43-49), V The injured party, the injured party as prosecutor and the private prosecutor (Art. 50-67), VI The accused and defence counsel (Art. 68-81), VII Evidence (Art. 82-187), VIII Measures to secure the presence of the accused and the unobstructed conduct of proceedings (Art. 188-223), IX Time limits (Art. 224-228), X Submissions and records (Art. 229-241), XI Service of documents and inspection of files (Art. 242-251), XII The property claim (Art. 252-260), XIII Costs (Art. 261-268), XIV Rendering, communicating and enforcing decisions (Art. 269-279).

Part Two, Course of proceedings (Art. 280-494): Chapter XV Pre-investigation procedure (Art. 280-294), XVI Investigation, including agreements between the prosecutor and the accused (Art. 295-330), XVII Indictment (Art. 331-343), XVIII Trial and judgment (Art. 344-431), XIX Legal remedies (Art. 432-494).

Part Three, Special procedures (Art. 495-601): Chapter XX Summary procedure (Art. 495-520), XXI Procedures for imposing security measures (Art. 521-536), XXII Procedure for confiscation of proceeds (Art. 537-543), XXIII Procedures for altering a final judgment (Art. 544-561), XXIV Procedures for exercising the rights of a convicted person (Art. 562-582), XXV Procedure for the rights of a person unlawfully deprived of liberty or wrongly convicted (Art. 583-595), XXVI Procedures for issuing a wanted notice or public notice (Art. 596-601). The transitional and final provisions are in Chapter XXVII (Art. 602-608).

Who is a suspect, an accused, a defendant and a convicted person

The Code distinguishes four positions of the person against whom proceedings are conducted (Art. 2). A suspect (osumnjičeni) is a person against whom the competent authority has taken a step because grounds for suspicion exist, and a person under investigation. An accused (okrivljeni) is a person against whom an indictment has been filed but not yet confirmed, or against whom a charging proposal, a private charge or a motion for a security measure has been filed. A defendant (optuženi) is a person whose indictment has been confirmed, and a convicted person (osuđeni) one whom a final court decision has found to be the perpetrator. The Code also uses "okrivljeni" as the general term for all four positions, so the rights in Art. 68 belong to the suspect too.

Equally important is the scale of suspicion: grounds for suspicion (osnovi sumnje) are facts that indirectly indicate that an offence was committed or that a certain person committed it; well-founded suspicion (osnovana sumnja) consists of facts that directly indicate this, and justified suspicion (opravdana sumnja) of facts that directly support well-founded suspicion and justify bringing charges (Art. 2, items 17-19). An investigation is opened on grounds for suspicion; detention and an indictment require well-founded and justified suspicion respectively.

Rights of the accused and defence counsel

The accused has the right to be informed promptly, and always before the first questioning, in detail and in a language he understands, of the offence charged and the grounds for suspicion; to say nothing, refuse to answer any question and present his defence freely; to defend himself alone or with the professional help of counsel; to have counsel present at his questioning; to be brought before a court promptly; to read the criminal complaint, the crime-scene record and the expert's findings immediately before the first questioning; to have enough time to prepare a defence; to inspect the files; to gather evidence; to respond to everything held against him and to examine prosecution witnesses; and to use legal remedies (Art. 68(1)). The authority must advise him before the first questioning of the right to remain silent, to have counsel and to read the complaint (Art. 68(2)). A court decision may not be based on a statement of the accused taken in breach of those rules (Art. 85(5)).

Questioning is oral, courteous and with full respect for the person; questions must be clear and must not contain deception (Art. 86). At the first questioning the accused is asked to state whether he will retain counsel of his choice; if he does not secure one within 24 hours of being advised, he may be questioned without counsel, except where defence is mandatory (Art. 85(3) and (4)). The accused is summoned in writing; the summons states the authority, the offence, the place and time and a warning of the consequences of not appearing, and on the first summons he is advised of the right to counsel (Art. 191 and 192).

Only a lawyer may act as counsel (Art. 73). Counsel has the right to a confidential conversation with an arrested person before the first questioning, to read the complaint and records before the first questioning, to inspect the files after the investigation order and to take, in the accused's favour, any action the accused himself may take (Art. 71). Defence is mandatory in the cases in Art. 74: a mute, deaf, blind person or one unable to defend himself; an offence carrying eight years' imprisonment or more; police custody, a ban on leaving home or detention; trial in absentia; proceedings for compulsory psychiatric treatment; plea negotiations. In those cases counsel is appointed ex officio if the accused does not choose one (Art. 76). The indigent-defence rule in Art. 77 provides counsel at public expense outside mandatory defence, for offences carrying more than three years or where fairness so requires. The accused's close relatives and partner are exempt from the duty to testify (Art. 94).

Pre-investigation: complaint, summons, arrest, custody

Offences prosecuted ex officio are reported by state bodies, legal entities and individuals (Art. 280). The complaint is filed with the competent public prosecutor, and the police and courts forward complaints they receive (Art. 281). The prosecutor directs the pre-investigation procedure; the police act on his requests and report to him within 30 days (Art. 282 and 285). The prosecutor dismisses the complaint if the act is not an offence prosecuted ex officio, if limitation or another permanent bar has set in, or if there are no grounds for suspicion, and notifies the injured party within eight days (Art. 284). For offences carrying up to five years he may defer prosecution subject to obligations on the suspect (Art. 283).

The police may summon citizens to gather information; the summons must state the reason and the capacity, and a person may be brought in by force only if the summons warned of this. The interview lasts at most four hours, information may not be gathered by force, and in that interview the citizen may not be questioned as a suspect or examined as a witness (Art. 288). If the police consider that the person summoned may be a suspect, they advise him of his rights at once; a suspect is summoned with a warning that he has the right to counsel, and his statement to the police is evidence only if the consent and the statement were given in counsel's presence (Art. 289).

The police may arrest a person if a ground for detention exists and must bring him before the prosecutor without delay, advising him of the rights in Art. 69 (Art. 291). An arrested person has the right to be told the reason for arrest immediately, to speak confidentially with counsel before questioning, to have the family notified and to be examined by a doctor of his choice; he must be brought before the pre-trial judge within 48 hours at the latest (Art. 69). The prosecutor enables the arrested person to contact counsel; if counsel does not appear within 24 hours, he questions the person without delay, and in a case of mandatory defence appoints counsel ex officio (Art. 293). Custody for questioning lasts at most 48 hours; the decision is served within two hours, an appeal is lodged within six hours, the judge decides within four hours, and the person held must have counsel (Art. 294).

Pre-trial detention

Detention may be ordered only under the conditions in the Code and only if the same purpose cannot be achieved by a lighter measure, such as bail or a ban on leaving home; all authorities must keep it as short as possible (Art. 210). The grounds are: a risk of flight or hiding, or unestablished identity; a risk that the accused will destroy evidence or influence witnesses and accomplices; a risk that he will repeat or complete the offence within a short time; and, for offences carrying more than ten years' imprisonment, public disturbance that may jeopardise the unobstructed conduct of proceedings (Art. 211). Detention is ordered by the court on the prosecutor's motion, after hearing the accused, by a decision served immediately or within 12 hours at the latest (Art. 212 and 213). An appeal lies to the panel, which decides within 48 hours; it does not suspend enforcement (Art. 214).

During the investigation detention lasts at most three months from deprivation of liberty, with mandatory review every 30 days; a panel of the immediately higher court may extend it for important reasons by a further three months, and if no indictment has been filed by then the accused is released (Art. 215). After the indictment the court reviews detention every 30 days until the indictment is confirmed and every 60 days thereafter; detention may last until the person is sent to serve the sentence, but not longer than the sentence imposed at first instance (Art. 216). A detainee's person and dignity must be respected, with at least eight hours of night rest and two hours outdoors daily (Art. 217 and 218).

Investigation, indictment and plea agreement

An investigation is opened against a specific person for whom grounds for suspicion exist, or against an unknown perpetrator, to gather the evidence needed to decide on the indictment (Art. 295). It is opened by the public prosecutor by order, before or immediately after the first evidentiary action and no later than 30 days after being notified of the first police action (Art. 296); the order, with notice of the first evidentiary action, is served on the suspect and counsel, and the injured party is informed that the investigation has begun (Art. 297). The defence may gather evidence itself, including written statements taken with the person's consent (Art. 301), and if the prosecutor refuses a request for an evidentiary action or does not decide within eight days, the suspect may apply to the pre-trial judge, who decides within eight days (Art. 302). The investigation should be completed within six months, or one year for offences of special jurisdiction; otherwise the prosecutor reports to the immediately higher prosecutor, who takes steps to conclude it (Art. 310).

The indictment is filed where justified suspicion exists, within 15 days of the end of the investigation, extendable by 30 days; if the prosecutor fails to act, the accused, counsel and the injured party may complain to the immediately higher prosecutor within eight days (Art. 331). The panel examines the indictment and may return it for correction within three days (Art. 333).

A plea agreement is concluded between the public prosecutor and the accused, who must have counsel, from the investigation order until the end of the trial (Art. 313). It contains the description of the offence, the admission, agreement on the type and measure of the penalty or other sanction, the decision on costs, the property claim and confiscation of proceeds, a waiver of appeal where the court accepts the agreement in full, and the parties' signatures; it may also provide for the prosecutor dropping other charges (Art. 314). The pre-trial judge, or the presiding judge, decides at a hearing closed to the public (Art. 315). The court accepts the agreement by judgment if the accused admitted the offence knowingly and voluntarily, is aware of the consequences, the admission is not contradicted by other evidence and the proposed penalty is lawful (Art. 317); otherwise it rejects it by ruling, the agreement and related files are destroyed, and the judge who decided takes no further part in the case (Art. 318). No appeal lies against the rejection ruling, while an appeal against a judgment accepting the agreement is lodged within eight days on limited grounds (Art. 319).

Trial, judgment and appeal

An appeal against a first-instance judgment is lodged within 15 days of service of the copy of the judgment; in complex cases the presiding judge may, on request, extend the period by up to a further 15 days. A timely and admissible appeal suspends enforcement of the judgment (Art. 432). The parties, counsel and the injured party may appeal, and in the accused's favour so may his spouse, partner, relatives and other close persons; the injured party may as a rule appeal only on costs and the property claim, and counsel may not appeal against the accused's will except where life imprisonment was imposed (Art. 433). The accused may waive the appeal only after service of the judgment (Art. 434). The appeal must identify the judgment and state the ground, reasoning, request and signature (Art. 435); the grounds are a substantial violation of procedural rules, a violation of criminal law, incorrectly or incompletely established facts, and the decision on the sanction, costs and other matters (Art. 437). A response to the appeal is filed within eight days (Art. 444). The appellate court rejects an appeal as late or inadmissible, dismisses it and confirms the judgment, or annuls or modifies the judgment (Art. 456 and 457). Extraordinary remedies, including the request for protection of legality (Art. 482-494), are governed by the same chapter.

Summary procedure for less serious offences

Offences punishable by a fine or by imprisonment of up to eight years are tried in the summary procedure (Art. 495). It starts with the prosecutor's charging proposal or a private charge where well-founded suspicion exists; if the complaint was filed by the injured party and the prosecutor neither files a charging proposal nor notifies him of dismissal within six months, the injured party acquires the rights in Art. 51 (Art. 499). The appeal period against a judgment in the summary procedure is eight days from service of the copy (Art. 509). For offences carrying up to five years the prosecutor may propose that the sanction be imposed at a hearing without a trial: with the accused's admission, imprisonment of up to two years, a fine or a suspended sentence, and for offences carrying up to three years also community service, licence revocation or a judicial admonition (Art. 512); against a judgment given at that hearing in the accused's absence an objection is lodged within eight days (Art. 518).

Is there a new Criminal Procedure Code in 2026

No. The 2011 Code applies, last amended by statute in 2019 (No. 35/2019, in force on the eighth day after publication, with certain provisions applying from 1 December 2019). Two Constitutional Court decisions were published afterwards (Nos. 27/2021 and 62/2021). Working drafts of a new code are periodically put to public consultation, but none had been adopted as of October 2026.

Where to read the official text

The official consolidated text is available in the Legal Information System of the Republic of Serbia: Zakonik o krivičnom postupku on pravno-informacioni-sistem.rs. For offences and penalties see the Criminal Code, and for counsel's fees the Tariff on Lawyers' Fees and Expenses.

Sources

• Criminal Procedure Code (Zakonik o krivičnom postupku, Sl. glasnik RS Nos. 72/2011, 101/2011, 121/2012, 32/2013, 45/2013, 55/2014, 35/2019, 27/2021 - Constitutional Court decision, and 62/2021 - Constitutional Court decision)
• Criminal Code (Krivični zakonik, Sl. glasnik RS Nos. 85/2005 ... 94/2024 and 63/2026)
• Tariff on Lawyers' Fees and Expenses (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS No. 43/2023), tariff No. 1