History of Misdemeanor Smederevo:
Legal norms in the field of misdemeanor law are found in Roman private law. Such norms were enacted to safeguard public order and peace, against violence, arbitrariness, disturbance of possessions, etc. They were brought in by the Kuril Edil, who was the police chief and was tasked, among other things, with ensuring order at squares, markets and other public places. Upon taking office, the Kuril edil issued a proclamation declaring how individual cases would be handled by him. These legal norms were called edicts, and for them the procedure was faster and with much less formality than in criminal and civil proceedings.
In the old Yugoslavia, offenses were the subject of criminal law, and only in the territory of Vojvodina was the special Law on Offenses enacted, passed in 1879, during Hungary. On June 10, 1926, a draft Law on Exhortations for the Kingdom of Serbs, Croats and Slovenes was drafted.
The criminal law that was enacted in 1929 did not envisage violations, as they were to be regulated by the aforementioned Law, for which a preliminary draft was prepared, however, no such law was enacted.
The Basic Law on Misdemeanors in the FPRY was adopted in 1947. As a federal law, it completely regulated the basic institutes of misdemeanors: the conditions and bases of misdemeanor liability, misdemeanor penalties, statute of limitations, organization and jurisdiction of misdemeanor authorities, misdemeanor proceedings, as well as other provisions, including the enforcement of decisions on misdemeanors.
The new Basic Law on Misdemeanors was adopted in 1951 in the form of a consolidated text, while the amendments to the Basic Law on Misdemeanors were made in 1965 and contain important innovations regarding the system of misdemeanor proceedings. The Municipal Misdemeanor Judge is in charge of conducting the misdemeanor proceedings, and the District Misdemeanor Council is competent in the second instance, unless it is provided by law to conduct the proceedings of the Republican Misdemeanor Council in the second instance. Significant novelty is that the defendant is allowed to take counsel in misdemeanor proceedings, and a legal institute of judicial protection and institute of renewal of the procedure have been introduced.
Between 1972 and 1974, a period of enactment of the Republican and Provincial Offenses Acts occurred. As in most other areas, we have received 9 legislative areas, which are governed by federal, republic and provincial laws.
In the Federal Republic of Serbia, outside the provinces, the first instance misdemeanor proceedings are conducted by misdemeanor judges, ie the City Magistrate Judge for the City of Belgrade, and in the second instance by the City Council for the Misdemeanors of the City of Belgrade, or higher for misdemeanors located in the seats of inter-municipal regional communities. In SAP Kosovo, misdemeanor courts are constituted, while in SAP Vojvodina, the first instance is conducted by the magistrates' magistrates and in the second instance by the Provincial Misdemeanor Council.
Finally, in 2005, a new Law on Misdemeanors was adopted, published in the "Official Gazette of the RS", No. 101 of 25.11.2005. which, after several delays, began to apply on 01.01.2010. years. The establishment of special misdemeanor courts and the translation of magistrates from the administrative sphere into the judicial system, the Law on Judges, the Law on the Organization of Courts and the Law on the Seats and Areas of Courts and Public Prosecutor's Offices of the most important and controversial issues of our misdemeanor law, and thus the constitutional and international law requirement is satisfied that only the court can ultimately decide on the rights and duties of citizens, especially on their punishment.
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