Service of documents - national proceedings

Republic of Serbia

Serbia - Criminal Procedure Code 2007 (2012) EN

Article 242

Documents are as a rule delivered by an official of the authority conducting proceedings which issued the decision or directly at that authority, through the post office or other organisation registered to deliver documentation, authorities of local self-government, by letter rogatory through another public authority, by telecommunication or electronic means, and exceptionally also through the police.

Summons for a trial of other summons may also be verbally communicated by the authority conducting proceedings to a person who is before it, with a caution about the consequences of not attending. The summons and caution will be entered in the record which will be signed by the person summoned, except if it is designated in the trial transcript, and the service is thereby deemed executed.

Delivery may also be undertaken by posting on a notice board or webpage of the authority conducting proceedings, and, with the consent of the person to whom the delivery is to be made, also through a proxy for receiving documents, through a post office box or electronic mail. Delivery is deemed executed by the expiry of a time limit of eight days from the date of the posting of the document on the notice board or webpage of the authority conducting proceedings, or from the reception of a receipt that the document was served on the proxy for receiving documents, delivered to a post office box, or to an electronic mail address.

Article 243

A document is served by delivering it directly to the person to whom it was dispatched.

If the person referred to in paragraph 1 is not present at the place where the delivery is to be executed, the document may be delivered to an adult member of his household who is required to accept it. If no member of the family household is present, the document will be delivered to a doorman, neighbour or president of the house council if they agree to it, and the delivery is thereby deemed executed.

If the delivery is being conducted at the workplace of the person referred to in paragraph 1 of this Article, and that person is not present, the document may be delivered to a person authorised for receiving mail, who is required to accept the document, or a person employed there, if he agrees to receive the document, and the delivery is thereby deemed executed.

If the person referred to in paragraph 2 and 3 of this Article who is not required to accept a document refuses in writing to accept it, the process server will leave a notice that he will post the document on the notice board of the court, and, if possible, also on the internet site of the authority conducting proceedings. At the expiry of a time limit of eight days from the date of posting of the document, the delivery is deemed executed.

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;