FREE LAW JOURNAL Volume 1, Number 2 (October 18, 2005)

FREE LAW JOURNAL - VOLUME 1, NUMBER 2 (18 OCTOBER 2005)
chapter (articles 12-17. of this Code) regulates the yielding of criminal
cases conducted before a local court which is in keeping with already
known forms of international criminal court collaboration (legal
assistance).
The central place of the Code from 2002. has been given to the
extradition procedure of the accused that is envisaged under the fourth
chapter (articles 18-31. of this Code). In compliance with article 18. the
extradition procedure is relevant, first of all, for the accused and there
are no exceptions on that basis as for their privilegs and immunity, not
even for the Heads of States. The decision on the extradition of the
accused is passed by bodies of Republic of Serbia. The body that is
really authorized to pass a decision on the extradition of a person is the
court that receives from the Ministry of Justice of Republic of Serbia
(former Federal Ministry of Justice , before February 4. 2003.), the case,
that is the request for extradition, confirmed indictment and an orrder to
perform the arrest. Pursuant to that, the authorized investigative judge
determines obligatory detention for the person asked for in the
extradition request and the accused always has to have a lawyer. The
detention term may be also defined before the request is submitted and
expecially in urgent and justifiable cases (the person is on the run or
hiding etc). The Code offers other guarantees as well in relation to the
perpetrator and the criminal offence, especially that the accused shall be
released within 48 hours if the domestic competent court does not
receive theextradition reguest with the confirmed indictment.
The bodies of the Interior Ministry of Republic of Serbia have a
significant role in this phase of the extradition procedure because they
are authorized to arrest the accused (article 23. of this Code). This also
applies to persons for whom formally-legally there is no order issued by
an investigative judge. It is sufficient to be put on the wanted list a local
body or the Hague Tribunal. The obligation of the police is to give the
arrested person to further jurisdiction of the court, so that provosion is
the same as in Code about Criminal Proceedings 29 . Other provisions in
29
More : Jovašević D., Zakonik o krivičnom postupku, Službeni list, Beograd,
2004. In the Republic of Serbia in application is Code about od Criminal
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DRAGAN JOVAŠEVIĆ - APPEARANCE, DEVELOPMENT AND BASIC
CHARACTERISTICS OF INTERNATIONAL CRIMINAL JUSTICE