How to Obtain a Criminal Record Certificate and Police Clearance in Serbia

Are you planning to take up employment, and your prospective employer requires confirmation that you have no criminal record in Serbia? Or do you need official proof that you have not been sanctioned for misdemeanours, either for exercising rights in Serbia or abroad? How can you obtain a certificate confirming that no criminal proceedings are pending against you in Serbia? In this article, we provide answers to these and other related questions. We also share our practical experience in obtaining such certificates for clients, in order to help you better understand the procedures and to anticipate potential difficulties that may arise during the process. Our law office provides a comprehensive service, starting from initial consultations and legal advice to clients, through to the actual obtaining of the relevant certificates. Where required, we also assist with obtaining an apostille (the confirmation that renders such certificates valid for use abroad), as well as with certified translations of the documents.

Pursuant to Article 102(1) of the Criminal Code of the Republic of Serbia, the criminal records contain personal data of the perpetrator of a criminal offence, information on the offence for which the person was convicted, details of the sentence, suspended sentence, judicial warning, exemption from punishment and pardoned punishment, as well as information on the legal consequences of the conviction. The criminal records also include subsequent amendments of the data contained therein, information on the execution of the sentence, and the annulment of records concerning wrongful convictions.

The same Article, in paragraph 5, provides that citizens may, upon their request, obtain information on whether or not they have a criminal record in Serbia.

Such a request is to be submitted to the competent organisational unit of the Ministry of Interior, specifically the police administration of the place of birth or the police station in the municipality where the applicant has registered residence.

In situations where the applicant is not able to personally submit the request and subsequently collect the certificate (for instance, if they are unable to travel to Serbia), this can be done by authorising an attorney through a power of attorney to act on their behalf and for their account. Such a power of attorney given to an attorney-at-law does not need to be notarised.

The request must be accompanied by proof of payment of the republic administrative fee, which, at the time of drafting this article, amounts to 1,140.00 RSD.

However, in certain cases, applicants are exempt from paying this fee. For example, if the certificate is required for the purpose of establishing an employment relationship (both in Serbia and abroad) or for educational purposes. It is also important to note a recent development, namely the possibility of submitting applications electronically through Serbia’s eGovernment portal. However, this option is currently available only to users holding a qualified electronic certificate.

In various situations in life, citizens may be required to present certificates confirming that they have not been sanctioned for misdemeanours, as well as certificates confirming that no misdemeanour proceedings are pending against them.

The competent authorities for issuing such certificates are the misdemeanour courts, according to the applicant’s permanent or temporary residence.

The application for issuance of a certificate may be submitted in person or through an authorised attorney.

In this case as well, a power of attorney given to an attorney-at-law does not need to be notarised.

The certificate in question is issued within a relatively short period, usually five working days from the date of submission of the application.

The application must be accompanied by proof of payment of the court fee, which, at the time of drafting this article, amounts to 190.00 RSD. This fee may also be paid by means of court fee stamps.

The next type of certificate that citizens may be required to obtain in various life situations is the certificate concerning pending (or non-pending) criminal proceedings. The application for issuance of this certificate is submitted to the Basic Court competent according to the permanent or temporary residence of the applicant. As in previous cases, the application may be submitted personally or through an authorised attorney-at-law, and the power of attorney granted to the attorney does not need to be notarised.

The application must be accompanied by proof of payment of the court fee, which currently amounts to 190.00 RSD and may be paid by means of court fee stamps. Upon submission of a certificate of unemployment issued by the National Employment Service, the applicant is exempt from paying this fee. The certificate states (provided that the statutory conditions are met) that no criminal proceedings are pending against the applicant before the Basic or Higher Courts, and that no investigation has been initiated against the applicant before the competent Public Prosecutor’s Offices in Serbia.

If you intend to use any of the above-mentioned certificates for the purpose of exercising your rights abroad, in most cases it will be necessary to affix a special stamp (the “Apostille”), which confirms the authenticity of the signature, the capacity of the signatory of the public document, and the authenticity of the seal or stamp affixed thereto.

In Serbia, the Apostille stamp is issued by the Basic Court with territorial jurisdiction over the seat of the authority that issued the document. The application must be accompanied by proof of payment of the court fee, which currently amounts to 2,090.00 RSD and may be paid by means of court fee stamps.

A document bearing the Apostille stamp is suitable for use abroad in all States signatories to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. It should be noted that the procedure for adapting documents for use in a foreign country that is not a signatory to the Hague Convention is considerably more complex. For use in such countries, the public document must undergo the procedure of “full legalisation”.The next step that may prove necessary is the translation of the document by a certified court interpreter into the official language of the country in which the document is to be used. The cost of translation depends on the target language, but usually ranges between EUR 10 and 15 per translation page.

Obtaining the certificates discussed in the previous sections is often accompanied by procedural formalities which may cause greater or lesser difficulties to citizens, particularly to foreign nationals who do not speak, or have limited knowledge of, the Serbian language.

For instance, it may happen that in a foreign country you are asked to provide a certificate confirming that you have not been convicted in any country where you have resided. In such a case, a number of difficulties may arise when attempting to obtain a certificate from the criminal records in Serbia.

As an example, you may have lawfully entered Serbia by obtaining a visa for a longer stay on the basis of employment. However, did you know that you are also under an obligation to register your residence in Serbia?

If you have not fulfilled this obligation, a certificate of non-conviction cannot be issued to you. Therefore, even prior to arriving in Serbia, it is essential to familiarise yourself with all the obligations arising from your stay and the consequences of their non-fulfilment.

In such a situation, the only remaining option is to submit a request to the Department for Foreigners and the Suppression of Illegal Migration of the competent police administration, which may issue a certificate stating that you have never had a registered residence or stay in Serbia.

Another, seemingly insignificant obstacle may occur when attempting to pay the administrative fee for the issuance of the certificate. Although the amount of the republic administrative fee is not high, providing proof of its payment together with the application is crucial for the certificate to be issued within the shortest possible time. However, how can the fee be paid if you do not know the reference number assigned to you during your stay in Serbia?

Again, the above-mentioned Department for Foreigners and the Suppression of Illegal Migration comes into play, as it can perform the necessary verification and allow you to move on to the next step in submitting your application.

Or perhaps you have resided in Serbia, but in different places? In order to avoid the burdensome visits from one police station to another in all the towns where you have stayed, with a signed power of attorney we can submit the applications for certificates on your behalf and request that they be delivered by post to the address of our law office. In this way, you achieve maximum savings in terms of both valuable time and associated costs.

In this way, you achieve maximum savings in terms of both valuable time and associated costs.