Proposals for more effective prosecution of cases under Chapter XV of the Criminal
Code
The above considerations seem to highlight the importance of finding ways to improve the
effectiveness and efficiency of prosecution of electoral offences. One such arrangement could
be the Binding Instructions, a feature of Serbian law envisaged by Article 25[2] of the Law
on the Public Prosecution Service: ‘The National Public Prosecutor shall issue written general
binding instructions for all public prosecutors so as to ensure legality, effectiveness, and
consistency in their actions. General binding instructions may be issued by the National Public
Prosecutor at the initiative of the College of the National Public Prosecutor’s Office’. This
mechanism does not apply to any specific case, but rather regulates actions in a particular
category of cases.
The Binding Instructions could be used to require urgent prosecution of cases involving
these offences and periodic public reporting of the actions taken, which would
contribute to building public trust in how the prosecution service handle these
allegations. Additionally, a panel of prosecutors at
Prosecution of electoral offences should be
the National Public Prosecutor’s Office could be
made more effective and efficient. This
required to hear objections against rulings rejecting
could be done through Binding
criminal charges. These decisions ought to be
Instructions that would require urgent
made promptly, by a time limit shorter than
prosecution of these cases, regular public
reporting, tighter time limits for decisionthe 15 days mandated by law. The names of
making, and complete transparency.
Deputy Public Prosecutors at the National Public
Prosecutor’s Office who hear objections should be
made public, which would help allay public concerns about how objections are handled. One
particularly important consideration to include in these Binding Instructions is for the
National Public Prosecutor’s Office to publish extracts from rulings on objections
on its web site.
4.1.2.6.
Anti-Corruption Agency
The position, powers, organization, and operation of the Anti-Corruption Agency (ACA) are
all governed by the Law on Prevention of Corruption,58 adopted in 2019 and effective as of 1
September 2020. The ACA continues the traditions of the Corruption Prevention Agency,
established under the 2008 Law on the Corruption Prevention Agency. The ACA has a broad
remit on issues important for combating corruption, but in the electoral context its key
powers are scrutinizing political finance and potential abuse of public resources.
58 Law
on Prevention of Corruption, Official Gazette of the Republic of Serbia, Nos. 35/2019 and 88/2019.
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