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JURISDICTION OF THE SERBIA COURTS

February 20, 2021 posted by Steve Brownstein

JURISDICTION OF THE BASIC COURTS In the first instance, a basic court adjudicates in criminal offenses for which the main penalty is a fine or imprisonment of up to ten years, including ten years, unless they are assigned to another court, and decides on the petitions for termination of security measures or legal consequences of convictions for offenses within its jurisdiction. In the first instance, a basic court adjudicates in civil disputes, unless they are assigned to another court, and conducts enforcement and non-contentious proceedings that are not under the jurisdiction of another court. In the first instance, a basic court adjudicates in housing disputes; disputes on initiation, existence and termination of employment; the rights, obligations and responsibilities stemming from the employment; on compensation of damages suffered by an employee at work or in relation to work; and in disputes related to fulfillment of the housing needs on the basis of employment. A basic court provides free legal aid to citizens, international legal assistance if it does not fall under the jurisdiction of another court, and performs other duties specified by law. The First Basic Court in Belgrade is responsible for international legal assistance in the territories of ​​the First, Second and Third Basic Courts in Belgrade.

 

JURISDICTION OF A HIGHER COURT In the first instance, a higher court: adjudicates in criminal offenses for which the main penalty is imprisonment for a term exceeding ten years; crimes against humanity and other goods protected by international law; against the Armed Forces of Serbia; disclosure of state secrets; disclosure of official secrets; criminal offenses prescribed by the Law governing the confidentiality of information; calling for a violent change of the constitutional order; incitement of national, racial and religious hatred and intolerance; violation of territorial sovereignty; conspiracy for the purpose of unconstitutional activity; damage to the reputation of the Republic of Serbia; violation of the reputation of a foreign state or international organization; money laundering; violation of the law by a judge, public prosecutor and deputy public prosecutor; endangering the safety of air traffic; manslaughter; rape; sexual intercourse with a helpless person; sexual intercourse by abuse of position; abduction; trafficking in children for the purpose of adoption; violent behavior at sporting events and public meetings; accepting bribes; abuse of position of responsible person (Article 234, paragraph 3 of the Criminal Code); corruption in public procurement (Article 234 Paragraph 3 of the Criminal Code); adjudicates in criminal proceedings against juvenile offenders; decides on petitions for the termination of security measures or legal consequences of convictions for offenses within its jurisdiction; decides on applications for rehabilitation; decides on bans to distribute the press and on dissemination of information by the media; adjudicates in civil disputes when the value of the lawsuit allows the audit; in disputes on copyright and related rights, and the protection and use of inventions, industrial designs, models, patterns, trademarks, geographical indications, integrated circuit topography i.e. topography of semiconductor products, and plant breeders, if this does not fall under the jurisdiction of another court; in disputes on paternity and maternity; disputes for protection from discrimination and harassment at work; disputes about the printing of corrected information and responses to information about violations of the prohibition of hate speech, protection of the right to privacy i.e. the right to personal record, failure to publish information and compensation of damages in connection with the publication of the information; decides in disputes relating to a strike; on collective agreements if the dispute is not resolved through arbitration; on mandatory social insurance if it does not fall under the jurisdiction of another court. In second instance, a higher court decides on appeals against the decisions of the basic courts: on measures that serve to ensure the presence of the defendant; in criminal offenses that carry a fine or imprisonment of up to five years; on decisions in civil disputes; in small claims; in non-contentious proceedings; a higher court conducts proceedings for extradition of accused and convicted persons, provides international legal assistance in proceedings for offenses under its jurisdiction, enforces criminal judgments of foreign courts, decides on the recognition and enforcement of foreign judgments and arbitral awards if not under the jurisdiction of another court, decides on conflicts of jurisdiction of basic courts within its territory, provides and offers help and support to witnesses and injured parties, and performs other duties specified by law; decides on requests for the protection of the right to a trial held within a reasonable period of time in respect of court proceedings conducted before a basic court; only the Higher Court in Belgrade is competent to decide in the first instance on the ban of distribution of the press and the dissemination of information by the media, and to adjudicate in disputes about the publishing of corrected information and responses to information, the violation of the prohibition of hate speech, protection of the right to privacy, or the right to personal records, failure to disclose information and compensation of damages in connection with the publication of information in the territory of the Republic of Serbia; the Higher Court in Belgrade is also competent to act in disputes on copyright and related rights, the protection and use of inventions, industrial designs, models, patterns, trademarks, geographical indications, integrated circuit topography i.e. topography of semiconductor products and plant breeders in the territory of the Republic of Serbia. Jurisdiction of an appellate court


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