Freezing of assets - national proceedings

Serbia

Criminal Procedure Code

Part One
GENERAL PART

Chapter VII
EVIDENCE

2. Evidentiary Actions

ΕΎ) Checking Accounts and Suspicious Transactions

Temporary Suspension of a Suspicious Transaction
Article 146

If the conditions referred to in Article 143 paragraph 1 of this Code are fulfilled and if there are grounds for suspicion that a suspect is performing the transaction referred to in Article 145 paragraph 1 of this Code, acting on a written and reasoned request of the public prosecutor the judge for preliminary proceedings may order a bank or other financial organisation to temporarily suspend the performance of a suspicious transaction.

The measure of temporary suspension referred to in paragraph 1 of this Article may last no longer than 72 hours, and in case the duration of the measure encompasses holidays, may on an order of the court be extended by a maximum of another 48 hours.

The bank or another financial organisation is required to maintain as a secret the data that it has acted in accordance with paragraph 1 of this Article.

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:

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and