Emergency due to the COVID-19 pandemic and its influence on the work of courts and public DA’s offices

On the 15th of March 2020, the emergency has been declared on the territory of the Republic of Serbia.

Ministry of Justice of the Republic of Serbia has published a recommendation on the work of court and district attorney’s offices no.  112-01-557/2020-05 during the emergency that had been declared on the territory of the Republic of Serbia. The ministry has recommended the following:

  • In criminal proceedings, all main searches and criminal investigations are delayed, except:

    1. in the cases where the custody has already been given or it is being asked for,
    2. in the cases for criminal acts from articles 235, 248, 249 from the Criminal Code,
    3. in the cases against youthful offenders and if the offended is minor,
    4. in the cases concerning family violence,
    5. in the cases that are turning cold,
    6. in the cases of criminal acts that had been reported several times and had been conducted before the emergency.
Virus
  • In civil actions, all hearings and enforcement proceedings are postponed, except following:

    1. urgent civil cases;
    2. pre-emptive and temporary security actions;
    3. urgent extrajudicial and executive hearings,
    4. acting in personal status matters,
    5. implementing execution of the cases regarding allowance,
    6. legal and international legal actions concerning ID legalization,
    7. proceeding liquidation and reorganization,
    8. cases concerning dismissal or confirmation of fatherhood or motherhood
    9. cases concerning protection against discrimination and mobbing at work,
    10. cases concerning the ban of press releases and distribution of the information in the press
  • In misdemeanor proceedings, all searches and other actions are postponed, except:

    1. in the cases against youthful offenders and if the offended is minor,
    2. in the cases regarding family violence,
    3. in the cases regarding public order,
    4. in the cases that are turning cold,
    5. in the cases of criminal acts that had been reported several times and had been conducted before the emergency.
  • What does this mean for courts that proceed with civil matters?

Bearing in mind the reduced work of courts and public DA’s offices and the recommendations of the Bar Association Belgrade, all hearings that are not urgent or mentioned above will be postponed. The trials in the cases of labor disputes will be held, even though they are declaratory urgent and can last for many years.

Ministry of Justice has left to every court the opportunity to make their own decision while following the recommendations. The lawyers in the law firm Pavleski Law consider this move of the Ministry a bad one due to the possible unequal actions of the courts. Therefore, we think that the equality of the action must exist in this delicate situation in the country.

  • The influence this situation has on the lawyers:

For now, the lawyers fulfill their duties on a lower scale according to the given recommendations.

Additionally, the Ministry states that for the civil actions which are being carried out as exceptions, the courts must endorse written appeal for the postponement received from the lawyer, if the person who is charged is older than 60, suffers a chronic disease, or has a child younger than 12. Aside from the appeal for the postponement of the hearing, the written evidence that proves one of the reasons and the signed agreement of the principal about the hearing postponement (that does not have to be validated).

Author: Pavleski Aleksandar – Attorney at Law

Date: 17.03.2020.

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