Service of documents - national proceedings

Republic of Serbia

Serbia - Criminal Code 2006 (2019) EN

Article 102

Criminal records contain personal data of the offender, data on penalty, suspended sentence, judicial caution, remittance from punishment and pardon, and data on legal consequences of conviction. Criminal records shall contain subsequent changes of data therein, information on serving of sentence as well as cancellation of records in respect of wrong conviction.

Data from criminal records may be disclosed only to a court, the state public prosecutor and the police in respect of criminal proceedings conducted against a person with prior convictions, the body in charge of enforcement of criminal sanctions and the body involved in the procedure of granting amnesty, pardon, rehabilitation or deciding on termination of legal consequences of conviction, and to social welfare authorities when so required to discharge duties under their competence. Data from criminal records may also be disclosed to other state authorities in charge of detecting and preventing the commission of criminal offences when it is thus prescribed by a separate law.

Data from criminal records may also be disclosed upon reasoned request to a government authority, enterprise, other organisation or entrepreneur, if legal consequences of a conviction or security measures are still in force and if there exists a justified reason based on law.

No one shall be entitled to request a citizen to submit any evidence on his prior convictions or non-existence of such convictions.

Citizens may be given, at their request, data on prior convictions.

Data on deleted convictions may not be given to anyone.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;