# Courts Organisation Act 2023 — cited provisions

Complete text of the selected provisions cited in the dossier. The complete official act is available in the PDF below. Source texts are separate from the author’s case analysis. Short topic labels are editorial navigation aids; the provision follows each label.

Official Gazette of the Republic of Serbia 10/2023, adopted 9 February 2023; official court-hosted PDF.

Unofficial translations of the complete cited articles.

[Complete official PDF](/files/documents/serbia-courts-organisation-act-2023-cited-provisions/original/serbia-courts-organisation-act-2023-cited-provisions-official.pdf)

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### Official sources

- [Official source · ob.pk.sud.rs](https://ob.pk.sud.rs/documents/zakon-o-uredjenju-sudova-lat.pdf)

## Article 24

**Jurisdiction of the Basic Court**

The Basic Court tries at first instance criminal offences punishable principally by a fine or imprisonment of up to and including ten years, unless another court has jurisdiction over a particular offence, and decides applications to terminate a security measure or a legal consequence of conviction for an offence within its jurisdiction.

The Basic Court tries civil disputes at first instance unless another court has jurisdiction over a particular civil dispute, and conducts enforcement and non-contentious proceedings unless the law provides otherwise.

The Basic Court tries at first instance housing disputes; disputes concerning the establishment, existence and termination of employment; rights, obligations and liabilities arising from employment; compensation for damage sustained by an employee at work or in connection with work; and disputes concerning the satisfaction of housing needs on the basis of employment.

The Basic Court provides legal assistance to citizens, international legal assistance unless another court has jurisdiction, and exercises other powers and performs other duties prescribed by law.

The law may provide that only a particular Basic Court within the territory of the same Higher Court shall deal with a specified type of legal matter.

## Article 25

**Jurisdiction of the Higher Court**

The Higher Court, at first instance:

1) tries criminal offences punishable principally by imprisonment exceeding ten years;

2) tries the following criminal offences: offences against humanity and other interests protected by international law; offences against the Serbian Armed Forces; disclosure of a state secret; disclosure of an official secret; offences prescribed by the law governing classified information; incitement to violent change of the constitutional order; incitement of national, racial or religious hatred and intolerance; violation of territorial sovereignty; association for unconstitutional activity; damage to the reputation of the Republic of Serbia; damage to the reputation of a foreign state or international organisation; money laundering; violation of the law by a judge, public prosecutor or deputy public prosecutor; endangering air traffic safety; killing in the heat of passion; rape; sexual intercourse with a helpless person; sexual intercourse through abuse of position; kidnapping; trafficking in minors for adoption; violent conduct at a sporting event or public gathering; accepting a bribe; abuse of the position of a responsible person (Article 227 paragraph 3 of the Criminal Code); abuse in connection with public procurement (Article 228 paragraph 3 of the Criminal Code); and offences placed within the jurisdiction of the Higher Court by a special law;

3) conducts criminal proceedings against juvenile offenders;

4) decides applications to terminate a security measure or a legal consequence of conviction for an offence within its jurisdiction;

5) decides applications for rehabilitation;

6) decides on prohibiting the distribution of printed material and dissemination of information through public media;

7) tries civil disputes where the value of the subject matter permits revision; disputes concerning copyright and related rights and protection and use of inventions, industrial designs, trademark-protected signs, geographical indications, topographies of semiconductor products and plant breeders’ rights, unless another court has jurisdiction; disputes contesting or establishing paternity or maternity; disputes for protection against discrimination and workplace harassment; disputes concerning publication of a correction or reply to information because of infringement of the prohibition of hate speech, protection of private life or personal records, failure to publish information, and compensation for damage connected with publication of information;

8) tries disputes concerning strikes; collective agreements where the dispute has not been settled by arbitration; compulsory social insurance unless another court has jurisdiction; register records; and election and removal of bodies of a legal entity unless another court has jurisdiction.

The Higher Court decides at second instance appeals against decisions of Basic Courts:

1) concerning measures to secure the accused’s presence and the unobstructed conduct of criminal proceedings;

2) for offences punishable by a fine and imprisonment of up to five years;

3) against rulings in civil disputes, judgments in small-claims disputes, decisions in enforcement and security proceedings, and rulings in non-contentious proceedings.

The Higher Court decides at second instance appeals against rulings of public enforcement officers or notaries in accordance with the law.

The Higher Court conducts extradition proceedings concerning accused or convicted persons, provides international legal assistance in proceedings for offences within its jurisdiction, enforces foreign criminal judgments, decides on recognition and enforcement of foreign judicial and arbitral decisions unless the law provides otherwise, resolves jurisdictional conflicts between Basic Courts within its territory, ensures and provides assistance and support to witnesses and injured parties, and performs other duties and exercises other powers prescribed by law.

The law may provide that only a particular Higher Court shall deal with a specified type of legal matter.
