Law on Protection of the Right to a Trial within a Reasonable Time

Request for just satisfaction as a remedy for the protection of the right to a trial within a reasonable time

The Law on Protection of the Right to a Trial within a Reasonable Time (“Off. Herald of RS”, No. 40/2015) regulates the right to a trial within a reasonable time.

The purpose of the Law on Protection of the Right to a Trial within a Reasonable Time (“Off. Herald of RS”, No. 40/2015) is to provide judicial protection of the right to trial within a reasonable time and thus to prevent the occurrence of the violation of the right to trial within a reasonable time.

Judicial protection of the right to trial within a reasonable time includes the investigation conducted by the public prosecutor in the criminal proceeding.

The following persons are entitled to the right to a trial within a reasonable time: every party in court proceeding, including the enforcement proceeding, every participant pursuant to the law governing non-contentious proceeding, while the following participant in criminal proceeding: the injured party, private plaintiff and injured party, only if they claimed damages in criminal proceeding (hereinafter: the party).

Public prosecutor as a party in the criminal proceeding is not entitled to right to a trial within a reasonable time.

Legal remedies for the protection of the right to a trial within a reasonable time are:

  • Objection for accelerating the proceeding
  • Appeal
  • Claim for just satisfaction.

The party does not pay the court fees in the proceeding for protection of the right to trial within a reasonable time. They are urgent and have priority in deciding.

Request for just satisfaction

The right to just satisfaction has a party whose objection is sustained and who did not file an appeal, then a party whose appeal has been rejected confirming the first instance writ on sustaining the objection and a party whose appeal has been adopted.

A party whose objection has been sustained and who has not filed an appeal, and a party whose appeal has been rejected confirming first instance writ on sustaining the objection, attains the right to just satisfaction upon expiry of the deadline in which the judge or the public prosecutor was due to undertake the instructed procedural actions, and a party whose appeal has been adopted – upon receipt of the decree on adoption of the appeal.

Types of Just Satisfaction

Types of just satisfaction are:

  • Right to payment of monetary compensation for non-material damage caused by the violation of the party’s right to trial within a reasonable time (hereinafter: monetary compensation)
  • Right to publish a written statement of the State Attorney’s Office (hereinafter: State Attorney’s Office) establishing that the party’s right to a trial within a reasonable time has been violated
  • Right to publish the judgment establishing that the party’s right to a trial within a reasonable time has been violated.

Liability of the Republic of Serbia for non-material damage caused by violation of the right to a trial within a reasonable time is strict.

When ruling on the just satisfaction, the State Attorney’s Office and courts are bound by the writs rendered by the presidents of the courts in which the violation of the party’s right to a trial within a reasonable time has been established.

Attempt of Settlement with the State Attorney’s Office and the Possibility to File Settlement Motion

A party may file a motion for settlement with the State Attorney’s Office within the term of six months from the day when it attained the right to just satisfaction.

The State Attorney’s Office attempts to reach an agreement with the party within the term of two months from the day of receipt of the motion for settlement. If the agreement is reached, it concludes with the party an out-of-court settlement, representing an executable document.

In the process of settlement, the State Attorney’s Office shall be limited by the amount of monetary compensation determined by the Law on Protection of the Right to a Trial within a Reasonable Time (“Off. Herald of RS”, No. 40/2015) .

The party is free to withdraw at any time from the settlement attempt, in written form.

Publishing the Written Statement of the State Attorney’s Office Establishing the Violation of the Party’s Right

After assessing whether just satisfaction for non-material damage is possible, and if only the written statement has been published establishing that the party’s right to a trial within a reasonable time has been violated, the State Attorney’s Office may propose to the party, instead of receiving payment of material compensation, to issue and publish a written statement establishing that the party’s right has been violated.

For more serious violations of the right to a trial within a reasonable time, the State Attorney’s Office may, at the request of the party, issue and publish a written statement, as well as pay the monetary compensation to the party.

The written statement establishing that the party’s right to a trial within a reasonable time has been violated contains its personal or business name and permanent or temporary residence or headquarters, personal or business name of the party’s representative or proxy, and his permanent or temporary residence or headquarters, name of the court or the public prosecutor’s office who has violated party’s right to a trial within a reasonable time, the reference number of the court case, i.e. public prosecutor’s case, and the explicit statement establishing that the party’s right to a trial within a reasonable time has been violated.

The State Attorney’s Office issues a written statement to the party in the form of the out-of-court settlement and publishes it in the “Official Herald of the Republic of Serbia”.

Claim for Monetary Compensation and Preconditions for Civil Action

A party may file a complaint against the Republic of Serbia seeking monetary compensation within the term of one year from the day when it attained the right to just satisfaction.

The complaint is not allowed during the attempt of settlement with the State Attorney’s Office, or if the party and the State Attorney’s Office concluded the settlement.

Civil Action

Irrespective of the type and amount of the claim, the provisions governing the small value disputes of the law governing litigation proceedings is applied mutatis mutandis to the civil action proceedings before the court.

The court may not award the monetary compensation in the amount higher than the one determined by the Law on Protection of the Right to a Trial within a Reasonable Time (“Off. Herald of RS”, No. 40/2015).

Subject Matter and Territorial Jurisdiction of Courts

Basic court on whose territory the plaintiff has permanent or temporary residence, or headquarters has territorial jurisdiction to rule on the complaint.

If the plaintiff has no permanent or temporary residence, or headquarters in the Republic of Serbia, the basic court which has its seat in the place of the seat of the court that established the violation of the right to trial within a reasonable time has the territorial jurisdiction.

Judgment establishing the Violation of the Party’s Right

For more serious violations of the right to a trial within a reasonable time, the court may, at the request of the party, render and publish the judgment establishing the violation of the party’s right, as well as award monetary compensation to such party.

Court, i.e. the State Attorney’s Office that violated the party’s right publishes the final judgment of the court at their own expense in the “Official Herald of the Republic of Serbia”.

Amount of the Monetary Compensation

Monetary compensation is recognized in the amount ranging from EUR 300 to EUR 3,000 per case, in RSD equivalent value as of the payment day according to the median exchange rate of the National Bank of Serbia.

In determining the amount of monetary compensation, the State Attorney’s Office and the court applies the criteria for the assessment of the duration of the trial within a reasonable time, primarily the complexity of the subject of the trial or investigation, the conduct of the competent state authority and the party during the proceedings, and the importance of the subject of the trial or investigation for the party.

Claim for Compensation of Material Damages

A party may file a complaint against the Republic of Serbia for compensation of material damages caused by the violation of the right to a trial within a reasonable time, within the term of one year from the day when it attained the right to just satisfaction.

The liability of the Republic of Serbia for material damages caused by the violation of the right to a trial within a reasonable time is strict. Monetary compensation and the compensation of material damages are paid by the court or the public prosecutor’s office which violated the right to trial within a reasonable time.

Read more:
Compensation »
Competence for conducting enforcement »

Leave a Reply

Your email address will not be published.