A foreigner suspected or accused of a criminal offence in Serbia has the same procedural rights as a Serbian citizen, with additional rights relating to language and consular protection. The outcome of the proceedings may also affect their residence in Serbia.
Rights from the first moment
- to be informed of the offence they are charged with and the grounds for suspicion, in a language they understand
- to remain silent and not answer questions
- to choose defence counsel, and when defence is mandatory or they cannot pay, to have counsel appointed
- to use their own language, with free translation of what is said in the proceedings and of written evidence
- at their request, to have a family member and a diplomatic or consular representative of their country informed of the arrest without delay
Police custody and questioning
The public prosecutor may exceptionally hold a suspect for questioning for up to 48 hours. The custody decision must be served within two hours at the latest, and an appeal is filed within six hours. From that decision the suspect must have defence counsel, and if they do not engage one within four hours, counsel is appointed ex officio. A statement given to the police can be used as evidence only if it was given in the presence of defence counsel. A statement that has not been translated and is not clear should not be signed.
Detention and lighter measures
With foreigners the risk of flight is often cited, because they have no domicile in Serbia. Instead of detention, the court can order lighter measures: a ban on leaving the place of residence or Serbia with temporary seizure of the passport, house arrest, bail or a restraining order. For a lighter measure, evidence of an address, work, family and property in Serbia is important.
Ways of ending the proceedings
For offences punishable by a fine or imprisonment of up to five years, the proceedings can end with deferred prosecution, once the defendant fulfils an obligation set by the public prosecutor. The defendant and the public prosecutor can also conclude a plea agreement, with mandatory defence counsel, which the court then decides on. Before choosing such an option, it is important to assess the consequences for residence.
Consequences for residence
Together with a sentence or a suspended sentence, the court may impose on a foreigner the security measure of expulsion from Serbia for one to ten years. A conviction can also be a reason for cancelling or not extending residence in administrative proceedings.
Common questions
Note: This text is general information and is not legal advice for a specific case. It reflects the regulations at the time of the page's last update (October 2026). Assessing a particular situation requires reviewing the documents and circumstances of the case.
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