Serbia: Courts struggle with a new categorical statutory exclusionary rule

Abstract

© Springer Science+Business Media Dordrecht 2013. In 2001, independent Serbia kept on using the code which existed before the break-up of Yugoslavia, albeit with many amendments that have altered the approach to the use of evidence gathered in violation of the law. Like most continental European countries, Serbia had a system of nullities, but Serbian courts interpreted them fairly strictly, and ruled that any evidence gathered in violation of statutory prohibitions could not be placed in the file at trial and was therefore inadmissible. The Serbian Code of Criminal Procedure now has many specific exclusionary rules related to violations in the issuance of wiretap warrants, and warrants to use undercover informants, but not, yet, in relation to searches and seizures. However, a general exclusionary rule added in 2009 has required exclusion of any evidence gathered in violation of the constitution, international law, or explicit evidentiary prohibitions. A new Code of Criminal Procedure was enacted in 2011 and will go into force in 2013, and it will contain an even broader exclusionary rule, extending exclusion to the fruits of the poisonous tree of even statutory violations.