https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/ Disaster Message Service Discussion Board en-US Sun, 14 Jun 2026 06:24:44 +0000 wpForo 60 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/3/#post-4040 Mon, 24 May 1999 15:36:00 +0000
May 23, 1999

THE ADVOCATE

In Climate of Fear, a Belgrade Serb Documents the Horror of Kosovo

By CARLOTTA GALL

BELGRADE, Yugoslavia -- Much of the time in Belgrade, it feels
as if nothing is happening in Kosovo. People complain
endlessly about the NATO bombing, and they talk politics all
day, but there is a large hole in the conversation. Barely anyone
mentions Kosovo, let alone the horrors that are occurring there.

Natasa Kandic is one rare exception. She is a slight woman, with
dark circles etched under her eyes behind glasses. A sociologist by
profession, she heads the Humanitarian Law Center, a
nongovernmental group that has been documenting human rights
violations in Yugoslavia since 1992, and supplies material to the
international war crimes tribunal in the Hague.

As the political climate and restrictions on news media here have
made it impossible to publish material about human rights
violations, Ms. Kandic has resorted to writing and E-mailing a
newsletter to friends and news and human rights organizations.

"Intellectual society has changed here," she said, sitting calmly in
her modern offices in Belgrade drinking a mug of coffee. "People
saw only the bombs here, without thinking what is happening in
Kosovo and who is the person organizing it."

She is one of the few Serbian intellectuals to have maintained close
collaboration with ethnic Albanians on human rights issues and last
year won a prize for her work on democracy and civil society,
awarded by the United States and the European Union.

She attributes the fact that she is practically alone in her research
on Kosovo to the climate of fear that has paralyzed the intellectual
community in Serbia, and the success of the state propaganda.

Human rights and civic groups have always been allowed to operate
in Serbia, tolerated by the Government while they have remained
small. "But for the first time people feel fear," Ms. Kandic said.

In recent weeks, she said, several hundred people in Serbia,
including a number of her own employees, have been invited by the
police for an "informal talk." They were questioned about their work
for the tribunal at the Hague, and about other organizations and
intellectuals.

Several people have received anonymous letters full of abuse and
threats. A swastika, along with graffiti calling staff members
"NATO's spies," was daubed on the walls of theFund for an Open
Society, which receives funding from the Soros Foundation.

In everyone's mind, Ms. Kandic said, is the fatal shooting of a
well-known publisher, Slavko Curuvija, after he received threats and
was denounced on state television. With representatives of the
international community largely gone from Belgrade, Curuvija's
death cowed everyone else.

"Two days was enough to establish silence," Ms. Kandic said.

Milosevic has also been skillful at turning the NATO bombing
campaign to his advantage, exploiting the genuine outrage people
feel to block out all memory of why the bombing started. "Official
propaganda succeeded in convincing people that it is aggression,
and that the national task is to defend the country," she said.

Sonja Licht, head of the Fund for an Open Society Yugoslavia, said
a great majority of people "refuse to talk about" Kosovo. She
gathered 27 democracy and human rights activists in Serbia to sign
a statement condemning both the NATO bombing and the "ethnic
cleansing" of Albanians from Kosovo, but even that was difficult.

One journalist who is close to some of those who signed said,
"They fought over every word." In the end at least two people
refused to sign the statement because they objected to the
inference that "ethnic cleansing" was perpetrated by "Yugoslav
forces" rather than only "paramilitaries."

Ms. Kandic refused to sign because it did not go far enough.

Many of those working for nongovernmental organizations accuse
the West of betraying them and destroying the civil society they
were trying to create. The few organizations that do function
concentrate on the humanitarian needs of Serbs.

Ms. Kandic, virtually alone, is pressing for international support for
the people left in Kosovo, and she has won respect among Serbs
and Albanians alike. Last week she sat reading a letter sent by an
Albanian friend in the southern Kosovo town of Prizren. It was
printed to disguise the writing and signed with just two initials.

The author described the hunger, fear and isolation of the people left
in the town and begged for international aid organizations to come.
"If they do not come we shall die," the letter said.

Ms. Kandic said then that she had already decided on her next trip,
but some in Belgrade say Ms. Kandic is too reckless for her own
good.

Soon after NATO began its bombing campaign, when foreign
journalists were expelled and Albanians were fleeing Kosovo, Ms.
Kandic got into a taxi and persuaded the driver to take her to
Pristina, the capital of Kosovo.

"I had a human and professional obligation to go," she explained.
She had an office in Pristina, with six local staff members, as well
as many friends and colleagues in Kosovo.

Her first aim was to help them escape, but she was also
determined to document what had happened since March 24, not
least because a colleague and close friend, the human rights lawyer
Bajram Kelmendi, had been arrested by the police and was later
found dead along with his two sons.

In one recent newsletter, she described the fear that gripped
members of her staff as she helped them escape Kosovo. She
wrote how she found her office ransacked, the computers gone and
one of her lawyers "at his wit's end from terror."

"I had known he lived in fear that someone might come, knock on
his door and kill him," she said, "but the terror I saw in his eyes
made up my mind then and there to depart immediately."]]> Kosovo War zoja https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/3/#post-4040 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/3/#post-4039 Mon, 24 May 1999 15:12:00 +0000
Thousands of people from around the world will come together at _one moment_ in time -- exactly 4pm Greenwich Mean Time (that's 9am in Los Angeles, noon in New York, 6pm in Paris).

We will stop whatever we are doing and observe two minutes of silence for the people in Yugoslavia. It isn't a statement against the United States, or against the Kosovars, or against the Serbians. It is not about national borders and governments at all. It is about the value of individual human life and liberty. It is a gesture of peace and good will for all men, women, and children.

I hope you'll join us on May 24.

Stop by http://www.MomentofSilence.org/ to add your name to the growing list of people (from Australia to Argentina to Kansas to Kosovo) who will be observing the moment of silence together.

Every name on that list is like a candle in the darkness, spreading the light of peace. Every name makes a difference for the people in Yugoslavia. Please add yours.

And help us spread the word. Forward this message to your friends and family, even if you think they might have already heard about it. Part of what makes this an historic event is that it is being promoted without the help of any big media organization or advertising budget. Regular people are spreading this message around the world, by e-mail.

Thank you for joining in the Moment of Silence.


Emina and Zoja]]> Kosovo War emina https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/3/#post-4039 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4038 Mon, 24 May 1999 15:00:00 +0000
Please join us. This is not a statement against the United States, or against the Kosovars, or against the Serbians. It is not about national borders and governments at all -- it is about the value of individual human life and liberty. It is a gesture of peace and good will for all men, women, and children.

This is a quiet, personal moment, but a moment that will be shared across the globe. Please participate, and tell the world that you will be joining them.

URL:
http://www.momentofsilence.org

Emina and Zoja]]> Kosovo War emina https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4038 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4037 Mon, 24 May 1999 14:54:00 +0000 http://www.telegraph.co.uk


CIA 'to recruit saboteurs in border camps'
By Ben Fenton





Newsweek

Central Intelligence
Agency



22,000 more troops head for Balkans

PRESIDENT Clinton has signed a presidential order authorising the CIA to
train Kosovar refugees to act as saboteurs behind Serb lines, according to
reports in Washington.

The covert tactic would mean American agents recruiting a sabotage force in
the refugee camps of Albania and Macedonia, but seems to fly in the face of
previous statements by the White House that it had no interest in arming the
Kosovo Liberation Army.

The KLA, regarded by most of the Nato allies as little better than a terrorist
organisation with suspect links to drug money, is also recruiting in the camps
and it is hard to see how the CIA could train and equip its own proxy force
without aiding the rebels.

This is one of several dilemmas facing the Clinton administration after the
President signed a secret "finding" authorising the sabotage plan and also
allowing the CIA to use computers to break into foreign bank accounts and
steal money from Slobodan Milosevic, Newsweek magazine said.

The presidential finding, signed last week by Mr Clinton, is believed to be the
first order given by a Western head of state which would allow security forces
to operate a "cyberwar" using computers.

The idea, according to the Newsweek report, is to infiltrate computers in
banks in a number of foreign countries, including Russia, Greece and Cyprus,
where Milosevic is believed to hold millions of pounds in personal accounts.

If they were able to gain access to the money, the CIA would then be
authorised to steal it or transfer it to the American banking system, where it
could be held as a bargaining chip against the Serb leader.

The Americans have not told their Nato ally about either part of the
presidential finding, not least because the use of information technology as a
weapon is almost certainly illegal under international treaties. !! !!!!!!! !The White
House refused to comment on the report.*****

************** One Nato diplomat said yesterday: "I can believe that someone in the CIA
believes that they have the ability to do this and I can believe that they might
have persuaded the White House to let them have a go.

"But I can't believe it will really happen. The American banking system would
be the one most likely to panic if the overall security of banking systems
around the world was compromised like this."

Henry Kissinger, the former Secretary of State and National Security
Adviser to Presidents Nixon and Ford, has accused the White House of
short-sightedness in its dealings with Belgrade.

He says in an article for Newsweek that Mr Clinton and his aides were driven
by opinion polls and used America's power and influence "ineffectively and
without conviction".

Mr Kissinger, who oversaw the end of America's entanglement in Vietnam,
condemned the President for destroying relations with China and Russia over
the Kosovo conflict in a blunder that would reverberate for generations to
come. However, he added that once started, the campaign in the Balkans
should be pressed home "with ground troops if necessary".

11 April 1999: US spy satellites 'raiding German firms' secrets']]> Kosovo War daniela https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4037 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4036 Mon, 24 May 1999 14:50:00 +0000 allowing the CIA to use computers to break into foreign bank accounts and
steal money from Slobodan Milosevic, Newsweek magazine said.]]> Kosovo War daniela https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4036 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4035 Mon, 24 May 1999 13:31:00 +0000 Only 8 civilians were killed,

Maja and your babling about Serbian citizans who are dead! Give me a break death means nothing too you.Not even if they are your fellow citizans.

Emina]]> Kosovo War emina https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4035 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4034 Mon, 24 May 1999 13:12:00 +0000 husband and my son, and now I was forced to sell my body," Alina said. "The Albanians told me, 'Do this or we will beat you; do this or
we will kill you.' "

"This" meant dressing in a miniskirt, fishnet stockings and high heels, packing a few condoms into her handbag and parading the
seafront motorway south of Bari, or plying her enforced trade in small towns nearby. The four captives earned 1.5m lire (about £500)
each a night - none of which they were allowed to keep.

Alina's ordeal finally ended 10 days ago, when police raided the house. Two of the Albanians escaped arrest by fleeing over the
rooftops. The two others, who turned out to be from the Albanian port of Durres, were caught and charged with abetting illegal
immigration and prostitution, kidnapping and enslavement, and face several years in jail.

The next day, with a magistrate's approval, Alina headed back to Albania by ferry. Others, however, are sure to take her place. Italian
relief workers at refugee camps in Vlore on the Albanian coast have reported visits by men who then leave the camp with young
women. In one case, a 16-year-old was taken away from a camp set up by volunteers from Italy's Piemonte region.

The man who took her had a Kalashnikov slung across his back and told relief workers he was a policeman. "There are 2,000 Kosovan
refugees in our camp," said Father Giovanni Mercurio, who manages the Rezervat E Shteti centre in Vlore. "For a month now police
have been taking girls away and we are not told their destination. But we can't do anything about it."

Relief agencies have reported their concerns to the Italian interior ministry, but a government spokesman said there was little the
authorities could do. "The girls are free, the refugee camps are not prisons. They are at liberty to do what they want and that can
include being hired by Albanian criminals. The best way to stop that happening," he said, "is to have European countries take in
refugees and care for them."

Last year, however, a Sunday Times investigation revealed that girls as young as 14 were being kidnapped or bought from their families
in Albania to be sold for £800 each into the white slave trade in Britain. Thousands of women like Alina have been smuggled into Italy
by sea and then transported overland to London, Hamburg and other western European cities.

In Durres, The Sunday Times was told that the price had since risen to £1,300. "Albanian mafia gangs are very vicious," a recent Home
Office report emphasised. "They make the Italian mafia look like crowd-control officers at a local whist drive."]]> Kosovo War daniela https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4034 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4033 Mon, 24 May 1999 12:57:00 +0000 Kosovo War daniela https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4033 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4032 Mon, 24 May 1999 12:08:00 +0000 >Refugees spokeswoman in Geneva says ``It looks as if we are heading for
>a new wave of arrivals'' of Kosovo refugees in both Albania and the
>former Yugoslav Republic of Macedonia.
> Judith Kumin based her forecast today on the wave of single men, in
>``pitiful condition; emaciated, exhausted, confused, bruised, many who
>showed signs of beatings; in appalling shape,'' who arrived in Albania
>and the arrival of a large trainload and several buses of refugees in
>Macedonia.
> On Saturday, 523 men without families were among the 608 refugees to
>arrive in Albania. Another 7,700 arrived in Macedonia on Saturday, by
>far the largest single day's toll in weeks.
> The Geneva-based agency now says about 815,777 Kosovars have fled
>their homes in the Yugoslav province. This includes nearly 60,000
>voluntarily evacuated to third countries and 64,000 displaced persons in
>the Federal Yugoslav Republic of Montenegro.
> On Sunday, A UNHCR spokesman in Blace, Macedonia, Ron Redman, told
>United Press International a single train, loaded with 4,500 to 5,000
>people and ``several buses'' arrived at the border point. It was too
>early to get a firm figure on the total, but Macedonia authorities had
>ordered all refugees arriving today to be kept in the Blace transit
>camp. Macedonia is fast running out of spaces for the war victims.
> UNHCR reported from Albania another approximately 500 refugees
>arrived today with ``at least 90 former prisoners.''
> As Saturday, most of the male refugees arrived late in the day.
> UNHCR said the men arriving in Albania had been pulled in mid-April
>in the village of Grmnik from a convoy of displaced persons heading for
>the border.
> The men alone were taken to Mitrovica in North Central Kosovo, the
>women and children allowed to proceed. From there, the men were held in
>Smrekovnica prison south of Mitrovica. Until Saturday, there was no word
>on their fate, and most believed they had been killed.
> The men arriving in Albania on Saturday said when they were told to
>board buses they thought they were being taken to be killed. They did
>not realize they were being deported until they were ordered off the
>buses just short of the border, out of sight of those at the checkpoint,
>and told to head in the direction of the border.
> ``Many of the men fell into each other's arms sobbing, when they
>crossed the border,'' said Kumin.]]> Kosovo War zoja https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4032 https://www.viexpo.com/kosovo-war/archive-through-may-24-1999/paged/2/#post-4031 Mon, 24 May 1999 11:55:00 +0000

According to the federal government's decree, the articles of the Law on Criminal Procedure (Official Gazette of SFRY No 4/77, 14/85, 74/87, 57/89, 3/90 and Official Gazette of FRY No 27/92 and 24/94) are to be applied during the state of war unless otherwise determined by this decree. The federal government's decree is in accordance with its competencies under article 99, paragraph 11 of the Constitution of FRY according to which the federal government is authorised to pass decrees regarding the issues under federal assembly's jurisdiction if the sessions of the federal assembly itself cannot be convened during the state of war. The changes in the Law on Criminal Procedure as determined by this decree are as follows:


I Extending the local jurisdiction of the court where the defendant has been arrested or turned himself in.


The article 2 of the decree determines the territorial jurisdiction of the COURT WHERE THE ACCUSED HAS BEEN ARRESTED OR TURNED HIMSELF IN regarding the opening of the criminal proceedings against the accused who is in flight or beyond jurisdiction of the local court which would otherwise be authorised to act as determined under the Law on Criminal Procedure. This represents an extension of the jurisdiction of a local court where the accused has been arrested or turned himself in as compared to its jurisdiction under article 29, paragraph 3 of the Law on Criminal Procedure according to which the court has jurisdiction if neither the scene of the crime nor the residence of the accused is known, or if these are both located beyond the borders of FRY.


II Changes regarding the obligation to obtain the authorisation for conducting criminal proceedings as well as the warrant to make a search of an apartment, other premises and individuals.


The article 3 of this decree determines that the regulations contained within the Law on Criminal Procedure regarding the OBLIGATION TO OBTAIN AUTHORISATION for conducting criminal proceedings shall NOT BE APPLIED


1. if the accused has perpetrated a crime:

- against the constitutional order and security of FRY (Chapter 15, Criminal Code of FRY),

- against humanity and international law (Chapter 16, Criminal Code of FRY),

- against the Yugoslav army (Chapter 20, Criminal Code of FRY);


2. if the crime perpetrated by the accused entails at least 5-year prison sentence.


Thereby, in this case, the regulation contained in the article 139 of the Law on Criminal Procedure is effectively revoked, according to which the public prosecutor cannot either demand an investigation to be conducted or charges brought i.e. submit the proposal to bring charges unless presenting evidence beforehand that the authorisation by the competent state organs has been given (e.g. authorisation by the federal assembly to initiate criminal court action against MPs as well as against the assembly as a perpetrator of some criminal offences). Also the article 7 of the decree, authorises law enforcement officers to make a search of an apartment, other premises and individuals WITHOUT A WRITTEN JUDICIAL WARRANT AND WITHOUT THE CONSENT OF THAT INDIVIDUAL if there is a reasonable doubt that the person has committed one of the above-mentioned criminal offences. Thereby, in this case, the regulation contained within the article 207, paragraph 1 of the Law on Criminal Procedure, according to which the court orders a search by means of a search warrant, as well as the regulations contained in the article 207, paragraph 2 of the Law on Criminal Procedure according to which the court order to make a search is to be delivered to the person to be searched or whose premises are to be searched before the search itself commences, are effectively revoked. This also includes the regulation according to which the person, whom this court order to make a search refers to, is to be summoned before the search itself and demanded to voluntarily give information about the person in question, i.e. the objects which are being searched for.


III Changes regarding the regulations on disqualification of judges


The article 4 of the Decree determines that regulation contained in the article 39, paragraph 6 of the Law on Criminal Procedure, according to which a judge or members of the jury may be disqualified if the circumstances indicate his/her possible prejudice, is NO LONGER TO BE APPLIED.


IV Changes regarding the jurisdiction and the structure of the court


The article 5 of the Decree determines that a judge as an individual in the court of first instance is to conduct the proceedings for criminal offences for which fines or sentences of up to 5 years in prison are prescribed (thus changing the regulations according to which a council consisting of a judge and two jurists are intended to conduct such proceedings, article 23, Law on Criminal Procedure).


V Changes regarding the extension of the authority of some state bodies


According to the article 6 of the Decree, an EXTENDED AUTHORITY is given to:


- the public prosecutor in terms of CONDUCTING AN INVESTIGATION. (According to the article 16, paragraph 1, of the Law on Criminal Procedure, the investigation is to be conducted by an investigative judge of the competent court.);


- the investigative judge so that he/she may conduct investigation and undertake certain investigative measures in case of an emergency EVEN WITHOUT PRIOR REQUEST ON THE PART OF THE PUBLIC I.E. STATE PROSECUTOR (According to the article 158, paragraph 1, of the Law on Criminal Procedure, the investigation is being conducted at the public prosecutor's request.);


- law enforcement officers so that they may undertake investigative measures in case of an emergency EVEN WITHOUT PRIOR DECISION BY THE PUBLIC PROSECUTOR I.E. STATE PROSECUTOR, but the investigative judge and law enforcement officers are OBLIGED TO NOTIFY immediately public prosecutor i.e. state prosecutor of the measures.




VI Changes regarding the organs which may impose temporary arrest and determine the duration of the confinement


The article 8 of the Decree changes the regulations contained within the Law on Criminal Procedure regarding the authority of the organs to impose temporary confinement .

The following organs now may reach a decision on temporary arrests:

- INVESTIGATIVE JUDGE

- PUBLIC PROSECUTOR I.E. STATE PROSECUTOR AND

- THE ORGAN OF INTERNAL AFFAIRS.

Also the regulations of the Criminal Law concerning the duration of temporary arrest have been changed so that now:

- the TIME LIMIT IS 30 DAYS (up till now the temporary arrest enforced by the organ of internal affairs could not last more than 3 days according to the article 196, paragraph 3);

- temporary arrest as determined by these organs may be EXTENDED by the court of first instance (article 23, paragraph 6, Criminal Law) for ANOTHER 3-MONTH PERIOD (according to the regulations which have been in force up till now, article 197, paragraph 2, temporary arrest could be extended by means of a ruling of the court of first instance for maximum 2 months);

- the council of a higher court directly reaches a decision on extending temporary arrests (according to the article 197, paragraph 2, of the Criminal Law, if the proceedings are being conducted for a criminal offence which entails sentences of more than 5 years in prison or even harsher punishment, then the Council of the Supreme Court of the Republic of Serbia may further extend the temporary arrest for additional 3-month period);

- also, the article 8 of the Decree does not provide for the obligation of the organs of internal affairs, in the case of temporary arrest, to notify public prosecutor i.e. investigative judge which in turn could demand that the organ of internal affairs immediately bring the arrested person to the public prosecutor etc. (article 196, paragraph 4, Criminal Law).


VII Changes regarding the authority of the public prosecutor to bring charges without prior investigation and consent of the investigative judge


The article 9 of the Decree provides for extending the authority of the public prosecutor i.e. state prosecutor to bring charges without prior investigation and consent of the investigative judge if the evidence gathered so far offer a basis for bringing charges IN THE CASE OF A CRIMINAL OFFENCE WHICH ENTAILS A PRISON SENTENCE OF UP TO 10 YEARS. The article 160, paragraph 6, which has been in force until now, provided for the authority of the public prosecutor to bring charges without prior investigation, if the evidence gathered concerning the criminal offence and the offender does form the basis for prosecution, but this relates to the criminal offences for which sentences of up to 5 years in prison are prescribed. Regarding the disagreement of the investigative judge with the indictment without prior investigation the article 160, paragraph 5, determined, up till now, that the course of action must incorporate an investigation before the indictment.


VIII Introduction of the shortest possible time limit for determining the date of the main hearing from the date of delivering the indictment


The article 10 of the Decree PROVIDES FOR A 48-HOUR TIME LIMIT starting from the moment of delivering the indictment to the accused until the main hearing. So far the article 279, paragraph 2, Criminal Law, determined that the president of the judicial council must schedule the main hearing within the 2-month time limit starting from the date of receipt of the indictment in court. Consequently, the article 10 of the Decree determines the shortest possible time limit for scheduling the main hearing so as to accelerate the criminal proceedings.


IX Changes of time limits within which the accused has the right to object against the indictment


The article 11, paragraph 1, of the Decree determines that the accused has the right to object against the indictment WITHIN 24-HOUR TIME LIMIT since the delivery of the indictment. Thereby, the time limit under the article 267, paragraph 1, of the Law on Criminal Procedure has been changed (8 days from the moment of the receipt of the indictment). Also the same article, paragraph 2, of the Decree determines that the OBJECTION MADE DOES NOT AFFECT THE SCHEDULED MAIN HEARING WITHIN THE TIME LIMIT UNDER THE ARTICLE 10 OF THE DECREE, which practically means that the objections of the accused does not affect the indictment being put into effect in legal terms. Consequently, the indictment may come into effect despite the objection against the indictment itself on the part of the accused i.e. there is no major violation of the criminal proceedings' provisions in the case when the main hearing is scheduled and sentence brought according to the indictment which has not been put into effect since the objection in the written form of the accused has been previously submitted. Also the article 271, paragraph 1, of the Law on Criminal Procedure provides for the possibility of presenting an objection against the indictment by the public prosecutor, and the article 277, paragraph 1 determines that if the objection against the indictment has not been submitted or has been rejected, then, the council of the court of first instance (article 23, paragraph 6), at the request of the president of the council before which the main hearing is to take place, may reach decision on any issue which is being resolved on the basis of this law and with respect to this objection. However, since the article 11, paragraph 1 of the Decree does not explicitly state that these objections do not affect the scheduled main hearing within the time limit as determined in the article 10 of the Decree, one could presume that the provision from the article 11, paragraph 2 of the Decree does not refer to the cases from the articles 271, paragraph 1 and the article 277 of the Law on Criminal Procedure.




X Changes regarding the delivery of the appeal against the reply


The article 12 of the Decree effectively revokes the regulations of the Law on Criminal Procedure which refer to the delivery of the appeal against the reply of the court. This means that a major violation of the regulations of the criminal proceedings does not exist anymore when the court of second instance reaches a decision, thus accepting the appeal of the public prosecutor and altering the sentence of the court of first instance so as to pass a more severe punishment, even though the copy of the prosecutor's appeal has not been previously delivered by the court of first instance to the accused as determined by the article 369 of the Law on Criminal Procedure.




XI Changes regarding the adjournment of the main hearing and/or changes of the judicial council i.e. an individual judge


The article 13 of the Decree provides for the possibility that the Council i.e. the judge as an individual MAY DECIDE NOT TO INITIATE THE PROCESS OF HEARING AGAIN if the following conditions are met:

- if the main hearing was adjourned, and the adjournment lasted for more than a month, or

- if the adjourned main hearing takes place before the altered council or another judge.

If that were the case, the court proceeds with hearing and the president of the judicial council i.e. the judge as an individual gives the account of the first part of the hearing. This represents an alteration of the article 305, paragraph 3 of the Law on Criminal Procedure, according to which the main hearing has to be initiated and all the evidence presented once again if the adjournment of the main hearing has lasted for more than a month or if the main hearing is taking place before another president of the judicial council.




XII Changes regarding the delivery of the written copy of the verdict


The article 14 of the Decree determines that a written copy of the verdict is to be delivered ONLY AT THE EXPLICIT REQUEST OF THE INTERESTED PARTY. Thus, the article 356, paragraph 3 and the article 123 of the Law on Criminal Procedure concerning the delivery of the verdict which is in the authority of the judge as an individual, have been altered so that the obligation to deliver copies of the verdict to both the defendant and his/her lawyer does not exist.


XIII Changes of time limits for appealing against the verdict


The article 15 of the Decree determines that the regulations of the Law on Criminal Procedure concerning the PRESENCE OF THE PARTIES during the process of the appeal are to be applied only when the president of the judicial council or the council itself rules that the presence of the parties, or one of the parties, or of the defendant's lawyer, WOULD BE USEFUL TO EXPLAIN THE MATTER. Consequently, the regulations from the article 373, paragraph 2 and 3 of the Law on Criminal Procedure, in their part which determines the obligation to summon the defendant and his/her lawyer for the hearing before the court of second instance, shall not be applied if the court rules that their presence has no bearing on further clarifying the matter.


XIV Extending the application of the regulations of the Law on Criminal Procedure regarding the summary proceedings and temporary confinement in summary proceedings


The article 17, paragraph 1, of the Decree determines the application of the regulations of the Criminal Law regarding the SUMMARY PROCEEDINGS before the court of first instance for all the criminal offences for which the major punishment that may be imposed is either a fine or a sentence of UP TO FIVE YEARS in prison, thus extending the number of criminal offences for which three-year prison sentences are prescribed according to the article 430 of the Criminal Law. The article 17, paragraph 2 of the Decree determines that the temporary confinement in a summary proceeding may LAST FOR ONLY THE PERIOD NEEDED TO CONDUCT INVESTIGATION, BUT NOT MORE THAN THIRTY DAYS. Thus, the regulations under article 433, paragraph 2, of the Law on Criminal Procedure are effectively revoked, and they determine that the temporary confinement in summary proceeding before indictment may last as long as needed to conduct the investigation, but not more than eight days, Also the article 433, paragraph 3 and the article 199 concerning the imposing of temporary confinement in a summary proceeding from the moment of submitting the indictment to the conclusion of the main hearing are no longer in force as one single regulation has been put into effect for the both phases of the summary proceeding.

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