Statute of limitations - national proceedings

Serbia

Serbia - Constitution 2006 EN

PART TWO
HUMAN AND MINORITY RIGHTS AND FREEDOMS

1. Fundamental Principles

Legal certainty in criminal law
Article 34

Criminal prosecution or execution of punishment for a war crime, genocide, or crime against humanity shall not be subject to statute of limitation.

Serbia - Criminal Code 2006 (2009) EN

GENERAL PART

CHAPTER TEN
STATUTE OF LIMITATIONS

Criminal Offences and Enforcement of Penalty not subject to Limitation
Article 108

There shall be no statute of limitation for Criminal prosecution and enforcement of penalty for offences stipulated in Articles 370 through 375 hereof, and for criminal offences that pursuant to ratified international treaties cannot be subject to limitations.

Serbia - Criminal Code 2006 (2019) EN

Legal rehabilitation ensues if:

The person who has been convicted but whose penalty was remitted, or who was pronounced a judicial admonition, does not commit any new criminal offence within one year after the judgment becomes final;

The person under a suspended sentence does not commit any new criminal offence during the probation period and within one year after the end of probation;

The person sentenced to a fine, community service, revocation of a driving licence or imprisonment of up to six months does not commit any new criminal offence within three years after enforcement of the penalty, prescription of the penalty or its remission;

The person sentenced to imprisonment of six months to one year does not commit any new criminal offence within five years after enforcement of the penalty, prescription of the penalty or its remission;

The person sentenced to imprisonment of one to three years does not commit any new criminal offence within ten years after enforcement of the penalty, prescription of the penalty or its remission.

There shall be no legal rehabilitation where the secondary penalty has not been enforced or where security measures are still in force.

Criminal Prosecution

Article 103

Unless otherwise stipulated by this Code, criminal prosecution may not be instituted after elapse of:

Twenty years from the time of committing a criminal offence punishable by law with imprisonment over fifteen years.

Article 108

There shall be no statute of limitation for criminal prosecution and enforcement of penalty for offences stipulated in Articles 370 through 375 hereof, for criminal offences for which a life sentence has been prescribed, and for criminal offences that, pursuant to ratified international treaties, cannot be subject to limitations.

Serbia - Criminal Procedure Code 2006 (2012) EN

Article 184
the statute of limitations has expired, or the offence is encompassed by an amnesty or a pardon, or there exist other circumstances which permanently exclude prosecution;

Article 308
statute of limitations has expired or the offence has been covered by amnesty or pardon or there are other circumstances which rule out criminal prosecution permanently;

Article 338
2- the statute of limitation for criminal prosecution has expired, or that the offence is covered by amnesty or pardon, or that the other circumstances exist which permanently preclude criminal prosecution;

Article 438
1- the statute of limitations on criminal prosecution has expired, or prosecution is excluded due to an amnesty or pardon, or the matter has already been finally adjudicated, or there are other circumstances which permanently exclude criminal prosecution;

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.