Cybercrime has become a global phenomenon, hand in hand with the economic, technological and social progress facilitated by the global interconnectedness of the Internet. Furthermore, the pervasive use of technology in our everyday life has also increased the number of cases where electronic evidence is key to prove or disprove a fact in court. Criminal activities committed through the use of Internet impact countries and communities on multiple fronts and with dire and diverse consequences: from the individual loss of privacy, social and professional victimisation, to loss of personal funds, to sustained attacks on a country’s infrastructure and informational systems.

In this context, suitable legal provisions in line with international standards are needed to facilitate the cross-country investigation of cyber- and cyber-related crimes. These are as important for enabling effective and efficient international cooperation for the exchange of digital evidence, which oftentimes is located in a different jurisdiction. This has become an increasingly important element for criminal justice authorities, in order to be able to successfully investigate, prosecute and adjudicate on these types of crimes.

Serbia has ratified and implemented the Council of Europe Convention on Cybercrime (Budapest Convention), including its Additional Protocol on Xenophobia and Racism Committed through Computer Systems. While legislation on cybercrime, electronic evidence and search, seizure and confiscation of online crime proceeds was strengthened considerably in the recent years, further reform is needed to allow for effective cybercrime investigation and prosecution in the light of the latest technological developments as well as the fast changing pace of the modus operandi of cybercrime.

The iPROCEEDS project carried out an assessment mission to assess the current domestic legislation of Serbia on cybercrime and electronic evidence with aim to ensure its harmonisation with the European standards. The mission took place on 11-12 March 2019 in Belgrade. The delegation of the Council of Europe met with the representatives of the Republic Public Prosecutors Office, Special Prosecutors Office for the Cyber Crime, Ministry of Justice, Ministry of Internal Affair, judiciary and the national CERT.

• Serbia legal profile
• iPROCEEDS project website