LAW OF SERBIA

Criminal Procedure Code of the Republic of Serbia (2011)

advtanmoy 05/05/2023

This Code establishes rules whose aim is to prevent the conviction of any innocent person, and
enabling a perpetrator of a criminal offence to be sanctioned in accordance with conditions
envisaged by the Criminal Code, based on lawfully and fairly conducted proceedings.
This Code also establishes rules on conditional release, rehabilitation, termination of security
measures and legal consequences of conviction, exercise of the rights of persons wrongly
deprived of liberty and wrongly convicted, confiscation of proceeds from crime, resolution of
restitution claims and issuance of wanted circulars and notices

Law on the Constitutional Court 2015 – The Republic of Serbia

advtanmoy 12/03/2022

Transparency is guaranteed by means of publication of decisions of the Constitutional Court, by publication of statements from sessions on the Internet home page of the Constitutional Court, by holding public debates and hearings in procedure before the Constitutional Court, by release of communiqués to the public information media, by holding press conferences and in other manner

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

Jurisprudence

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