Article 276

Enforcement of a judgment in respect of the costs of criminal proceedings, seizure of pecuniary gains, confiscation of proceeds from crime and claims for restitution is performed by a competent court or other public authority in accordance with the law.

The costs of criminal proceedings are collected forcibly for the benefit of the budget of the Republic of Serbia ex officio. The costs of the forced collection are paid in advance from the budget funds of the court.

When a decision by which it was decided on a claim for restitution became final, an injured party may request the court which decided in the first instance to issue to him a certified copy of the decision, with specification that the decision is enforceable.

If a security measure of confiscation of objects was pronounced in a judgment, the court which pronounced the judgment in the first instance will decide whether the objects will be sold in accordance with the law or transferred to a certain public institution or destroyed. The proceeds from the sale of objects are paid into the budget of the Republic of Serbia.

The provision of paragraph 4 of this Article will be applied accordingly when a decision on confiscation of objects in accordance with Article 535 of this Code is issued.

A final decision on the confiscation of objects may, apart from the case of a repeat of criminal proceedings or deciding on a request to protect legality, be changed in civil litigation if a dispute appears in connection with the ownership of the confiscated objects.

Conviction Article 424

In a judgment pronouncing the defendant guilty, the court will state:

the offence of which the defendant is being pronounced guilty, specifying the facts and circumstances which represents the elements of a criminal offence, as well as those on which depends the application of a certain provision of criminal law;

the legal designation of the criminal offence and which provisions of criminal law were applied;

the penalty imposed on the defendant, or a release from punishment under the provisions of criminal law;

a decision on a suspended sentence, or revocation of a suspended sentence or release on probation;

a decision on a security measure, on forfeiture of proceeds from crime or forfeiture of assets derived from a criminal offence;

a decision on the restitution claim;

a decision on calculating time served into the penalty;

a decision on the costs of the criminal proceedings.

If the defendant has been sentenced to a prison sentence of up to one year, the judgment may specify that the prison sentence will be executed in the premises in which the defendant lives, with or without applying electronic surveillance.

If the defendant has been sentenced to pay a fine, it will be specified in the judgment if the fine was calculated and pronounced in daily amounts or in a specific amount, and the time limit for paying the fine, as well as the manner or substituting this penalty by a custodial penalty or community service in case the defendant does not pay the fine within the specified time period.

If the defendant has been sentenced to community service, the judgment shall specify the type and duration of the community service and the manner of substituting it by a custodial penalty in case the defendant does not perform the community service in full or in part.

If the defendant has been sentenced to a penalty of seizure of his driver’s licence, the judgment shall specify the duration of the penalty and the manner of its substitution by a custodial penalty in case the defendant operates a motor vehicle during the term of the penalty of seizure of his driver’s licence.

If the defendant has been sentenced to suspended sentence with protective supervision , the judgment shall specify the content, duration and consequences of failing to fulfil the obligation of protective supervision.

Article 537

The provisions of Articles 538 through 543 of this Code shall apply in the proceedings for the confiscation of proceeds from crime, and unless these provisions specify something special, the other provisions of this Code shall apply mutatis mutandis.

Duty to Determine the Proceeds from Crime
Article 538

The proceeds from crime are determined in criminal proceedings ex officio.

The authority conducting proceedings is required to collect evidence and examine circumstances of importance for determining the proceeds from crime during the proceedings.

If an injured party has submitted a restitution claim whose subject matter excludes the confiscation of proceeds from crime, the proceeds from crime shall be determined only in the part which is not encompassed by the restitution claim.

Confiscating Proceeds from Crime from Other Persons
Article 539

When the confiscation of proceeds from crime from other persons may be considered, the person to whom proceeds from crime were transferred free of charge or with compensation obviously not commensurate with the true value, or a representative of a legal person, shall be summoned for questioning in the preliminary proceedings and at the trial. This person shall be cautioned in the summons that the proceedings shall be conducted even in his absence.

The representative of a legal person shall be examined at the trial after the defendant. The same procedure shall apply to the other person referred to in paragraph 1 of this Article, unless he has been summoned as a witness.

The person referred to in paragraph 1 of this Article, i.e. the representative of a legal person, is authorised to propose evidence in connection with the determination of the proceeds from crime, and to examine the defendant, witness, expert witness and professional consultant with the permission of the panel president.