Complaints About Police Work in Serbia

The complaint procedure is regulated by the Law on the Police (Art. 234-243) and the Rulebook on the procedure during the complaint procedure.

A complaint is any submission in which an individual (complainant) indicates that his human and minority rights and freedoms have been violated by the actions or omissions of an employee of the MUP (Ministry of Interior) while performing official tasks.

You can file a complaint within 30 days from the day when your rights and freedoms were violated, after which a complaint procedure will be conducted in accordance with Art. 235. Law on Police.

If the complaint is filed after the 30-day period has expired, an abbreviated complaint submission will be implemented in accordance with Art. 241 of the Law on Police.

The complaint is submitted to any organizational unit of the Ministry (police station, police department or police branch).

Each organizational unit is obliged to receive a complaint and deliver it to the competent organizational unit, that is, where the person you are complaining about is employed, from when the deadline for resolving the complaint begins.

You can submit a complaint in writing (by mail or electronically) or orally on the record.

The complaint must be understandable and contain your personal data (name, surname, contact address), as well as the place, time and description of the specific action or omission to which the complaint refers.

Anonymous submissions, as well as other submissions sent to the MUP (requests, appeals, petitions, etc.) related to exercising rights from other procedures (administrative, criminal, misdemeanor) are not considered complaints.

In the complaint procedure in which the complainant is a minor, the presence of a parent or legal representative is mandatory.

The Procedure

After receiving the complaint, the manager is obliged to inform you about the initiation of the complaint procedure and to invite you to an interview in which he will introduce you to the facts established in the procedure of checking the allegations of your complaint, as well as whether in the specific case your right has been violated or not.

If, in the specific case, your views and the views of the manager agree, the procedure will end. Otherwise, your complaint will be forwarded to the Commission for Resolving Complaints, as a second instance body.

Second Degree Procedure – Settlement of Complaints Before the Commission

The Commission for Resolving Complaints is composed of 3 members appointed by the Minister of Internal Affairs (2 police officers and 1 representative of the public).

Sessions of the Commission are open to the public, except when the Commission decides to exclude the public for reasons of privacy or confidential data, as well as when the complainant is a minor.

You will be asked to attend the session of the Commission, about which you will be informed by a written invitation.

The resolution of the complaint by the Commission is final, and the Commission will notify you in writing. If you are dissatisfied with the Commission’s decision, you have at your disposal all other legal means to protect your rights.

Short Procedure

If the complaint is filed after the expiration of the 30-day period from the day when your rights and freedoms were violated, as well as if the complaint relates to the work of the Ministry, the complaint is resolved in a shortened procedure.

In the abbreviated procedure, the manager checks the details of your complaints and informs you in writing about the outcome of the checking procedure within 60 days.

Frequently Asked Questions

1. In what cases can I file a complaint about the work of the police?

You can file a complaint if you have noticed any irregularity or failure in the work of police officers and other employees of the Ministry and if you believe that your rights and freedoms have been violated due to their illegal or improper actions, such as:

  1. were rude to you,
  2. used excessive force,
  3. prevented you from exercising your rights…

By drawing attention to the allegedly illegal and inappropriate behavior of MUP employees, you help the Ministry in solving cases of abuse or unprofessional behavior.

2. Does the complaint have to be signed?

An unsigned submission can also be considered a complaint if it contains data from which the identity of the applicant can be verified or determined. Anonymous submissions are not resolved in the complaint procedure, but in another procedure.

3. Do I need to know the name and surname of the employee in the Ministry who violated my right, that is, who I am complaining about?

It is not necessary. It is sufficient to provide as precise information as possible regarding the time, place and description of the action or omission you are complaining about, that is, any evidence you can use to support your complaint.

4. To whom can I complain about the work of the Commission?

If you are dissatisfied with the work of the Commission, you can submit a complaint to the Minister’s Office.

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