AUTHORIZATION FOR MAKING A REQUEST FOR INITIATION OF OFFENCE PROCEEDING

In the Law on Amendments of the Law on Customs Service, passed on 26th November 2020 and published in “Official Gazette of the RS“ No. 144/2020, which became effective on 5th December 2020, changes have been made in Article 48 of the Law on Customs Service.

Namely, Article 48 of the Law regulates the jurisdiction of the customs authority for making a request for initiation of offence proceeding to the competent Magistrates‘s court.

This article prescribes that the head of the organizational unit in whose jurisdiction are the services of the offence proceeding makes a request to the competent Magistrates’ court; represents the request as the authorized requester, makes changes or further specifies the request during the proceeding if needed; suggests and negotiates the terms of offence confession, prepares and, with the manager’s approval, concludes the agreement on offence confession; cancels the request; declares regular and emergency legal remedies, and ensures the implementation of the protective confiscation measure passed by a court ruling.

In relation to the Law effective so far, a change has been made, prescribed by point 3 which relates to the agreement on offence confession.

Moreover, paragraph 2 prescribes the way of transferring the jurisdiction from paragraph 1 in the absence of the head of the organizational unit in charge of the services of the offence proceeding, by a special decision rendered by the customs office manager. The paragraph in question also prescribes the terms of rendering the decision.

Paragraph 3 of Article 48 prescribes the possibility of the customs office manager rendering a special decision to authorize the station or unit chiefs, that is the customs point, for making a request for initiation of offence proceeding against an individual whose place of residence is outside of the customs territory of the Republic of Serbia if the proceeding must be conducted urgently. The same paragraph prescribes the obligation to inform the organizational unit in whose jurisdiction are the services of the offence proceeding of the request made, as well as the obligation to deliver all documentation for the purposes of logging and possible further case proceeding.

WHAT COMES FROM THE AFOREMENTIONED IS THE LEGALLY PRESCRIBED JURISDICTION OVER MAKING A REQUEST FOR INITIATING AN OFFENCE PROCEEDING for: 

1. the head of the organizational unit in whose jurisdiction are the services of the offence proceeding;
2. the station or unit chiefs, that is the customs point for making a request for initiation of offence proceeding against an individual whose place of residence is outside of the customs territory of the Republic of Serbia if the proceeding must be conducted urgently.

In all other cases, in the absense of these individuals, the customs office manager renders a special decision to delegate the jurisdiction from Article 48 of the Law on Customs Service to a specific customs officer that will be authorized for making the request.