VZCZCXRO4845
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHBW #0032 0121530
ZNR UUUUU ZZH
R 121530Z JAN 09
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC 0860
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS BELGRADE 000032 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KTIP KCRM KJUS SOCI SR
SUBJECT: SERBIA DELAYS CHANGES TO CRIMINAL PROCEDURE CODE 
 
REF: 08 BELGRADE 1250 
 
Summary 
------- 
 
¶1. (SBU) Serbia will not implement the proposed 2006 amendments to 
the Criminal Procedure Code (CPC) that would have introduced 
improvements to criminal investigations.  Instead, the government 
continues to work on a complete revision of the CPC which will 
introduce more reforms.  At the same time, the government will begin 
to develop the institutional capacity to put the reforms into 
practice.  End Summary. 
 
Serbia Postpones Improvement to Criminal Investigations 
--------------------------------------------- ---------- 
 
¶2. (U) Serbia has delayed implementing changes to the Criminal 
Procedure Code, but the amendments, first proposed in 2006, remain 
part of the government's Judicial Reform Strategy.  On December 30, 
the Serbian Parliament passed a bill delaying implementation of the 
2006 CPC amendments; at the same time, the government withdrew 
another bill that would have introduced even more changes.  The 2006 
amendments introduced key changes in criminal investigations such as 
prosecutor-led investigations.  (Investigative judges currently 
carry out criminal investigations.)  The bill that the government 
withdrew was intended to harmonize the CPC with the 2006 
Constitution and introduce further reforms, including expanding the 
use of special investigative techniques (e.g., wire-tapping, 
cooperating witnesses, undercover agents), which can currently only 
be used in war crimes and organized crime cases, to other serious 
crimes such as corruption, money laundering, and trafficking in 
persons. 
 
¶3. (SBU) Government officials assured us these postponements were 
necessary to give the government time to improve its ability to 
implement the changes.  State Secretary Slobodan Homen told us in 
mid-December that the government would withdraw the new bill since 
there would not be enough time for proper discussion of the bill 
during the fall session of Parliament.  Homen said the government 
also needed more time to prepare for the changes, such as training 
prosecutors to lead criminal investigations.  In her December 31 
address to Parliament, Justice Minister Snezana Malovic added that 
the government also needed to implement the recently passed package 
of judicial reform laws (reftel). 
 
But More Changes to Come in the Year Ahead 
------------------------------------------ 
 
¶4. (SBU) The government still plans to revise the CPC with even more 
improvements than the withdrawn bill contained, according to our 
contacts.  Assistant Justice Minister Vojkan Simic told us the 
government would resubmit the withdrawn bill to Parliament in March 
as a first step.  The Justice Ministry also has a working group, 
which is still meeting, to completely revise the CPC.  Simic said a 
draft would be available for public comment in April and on 
Parliament's agenda by the fall.  The Embassy has been participating 
as an observer in this working group. 
 
Comment 
------- 
 
¶5. (SBU) The bottom line is that Serbia's judiciary will continue to 
use the CPC as originally passed in 2001 for the time being, but the 
eventual changes are expected to be better than either the delayed 
2006 amendments or the withdrawn 2008 bill.  The delay in 
implementing the 2006 amendments buys some time to build the 
institutional capacity to absorb these changes.  The changes in the 
CPC are eagerly awaited and should contribute greatly to more 
effective and efficient criminal investigations and trials.  End 
Comment. 
 
MUNTER