FREQUENTLY ASKED QUESTIONS
The following pages list some common questions asked by our clients. Some of them are general, and some are more specific. Answers to the questions are general and approximate, so each case must be considered separately, in order to give a precise and definitive answer with certainty.
GOOD LAW OFFICE IN BELGRADE? WHO IS THE BEST DIVORCE LAWYER IN BELGRADE, WHO IS A GOOD LAWYER FOR CIVIL PROCEEDINGS, WHO IS A GREAT CRIMINAL DEFENSE LAWYER IN BELGRADE? WHAT IS THE BEST LAW OFFICE FOR CRIMINAL MATTERS? BEST CRIMINAL LAWYER IN BELGRADE AND SIMILAR?
These are the questions asked by many citizens. Sometimes even lawyers are asked these questions. In my opinion, specialization in law practice, especially the narrow specialization, is not such a good thing. Many famous world lawyers thought and think so. Law practice is a profession that, first and foremost, implies and demands great trust. I truly believe that most lawyers are able to solve most of your legal problems and cases. Of course, this does not mean that someone may not be better at criminal or at corporate matters. However, I believe that the attorney at law with whom you have had a successful cooperation in one field is able to help you in another, provided, of course, he is engaged in it and willing to.
DO YOU CHARGE FOR INFORMATION, LEGAL ADVICE AND REVIEWING DOCUMENTS OR E-MAIL ATTACHMENTS?
It depends. In the case of basic information, such as of procedural nature, which can be given without the need for research, usually by the phone, then no. However, if it is necessary to get into the essence of the thing and to read a lot of documentation thoroughly, as well as to consult the court practice, or to give a written legal advice, then we will certainly charge for it in accordance with the official legal fees.
IS A YOUNG LAWYER BETTER THAN SOME OLDER EXPERIENCED LAWYER, IS A WELL-KNOWN LAWYER BETTER THAN A LESS KNOWN LAWYER, IS A BIG LAW OFFICE BETTER THAN A SMALL ONE, AND SO ON?
I think these divisions and characteristics are completely irrelevant. Attorneys should not be classified according to these criteria as in practice these criteria prove to be insignificant. It does not mean that someone who constantly shows up on television and gives legal advice is better or worse than others. It also does not mean that a junior attorney will perform poorly, be less dedicated, or less likely to provide you with legal assistance. It is still true that good recommendation, but also your inner feeling and intuition, is very important for choosing a lawyer.
STATUTE OF LIMITATIONS IN PROSECUTION AND ENFORCEMENT OF CRIMINAL SANCTIONS?
Criminal law statute of limitations implies the loss of the right of state authorities to conduct criminal proceedings, pronounce and enforce a criminal sanction against the perpetrator of a criminal offence, due to the expiration of a specified period of time from the commission of the criminal offence. Our law recognizes two forms of the statute of limitations – the statute of limitations for prosecutions and the statute of limitations for enforcing criminal sanctions.
For example, 5 years from the commission of a criminal offence for which a sentence of over 3 years of imprisonment may be imposed; 3 years since the commission of a criminal offence for which a sentence of over 1 year of imprisonment may be imposed, etc.
This deadline is relative in nature and expires if there is no suspension or termination of the statute of limitation period.
These deadlines also apply to the obsolescence of the execution of the criminal sanction, i.e. when the deadlines expire, the competent body will not be able to execute the sentence imposed by a final court decision. So, if you have been affected by or have done some criminal offence, you have to calculate the obsolescence deadlines in order to determine the adequacy of further actions; the legislator also foresaw a special type of obsolescence, the so-called absolute statute of limitations, which implies that obsolescence will absolutely occur if twice the time required for the obsolescence of prosecution passes.
REHABILITATION IN SERBIAN CRIMINAL LAW?
By rehabilitation, the conviction shall be deemed deleted and its legal consequences will cease, so the convicted person shall be considered unconvicted. Rehabilitation may occur on the basis of the law or upon the request of the convicted person on the basis of a court decision.
Legal rehabilitation is granted only to the persons who have not been convicted or who were lawfully considered to be non-convicted prior to the conviction to which the rehabilitation relates. In addition, legal rehabilitation cannot be applied to persons sentenced to more than three years of imprisonment.
Judicial rehabilitation can be granted to a person sentenced to imprisonment for over 3 to 5 years if within a period of 10 years from the date on which that sentence was served, was subject to the statute of limitations or forgiven, the person does not commit a new criminal offence. Of course, the Court will grant rehabilitation only if it finds that the convicted person deserves rehabilitation based on his own behaviour and, if he has, based on his possibilities, compensated for the damage caused by the criminal offence, whereby the court is obliged to consider all other relevant circumstances for granting rehabilitation, especially the nature and relevance of criminal offence.
ARE YOU DEALING WITH DAMAGE COMPENSATION? ARE THERE ATTORNEYS OR LAW OFFICES IN SERBIA DEALING ONLY WITH DEBT COLLECTION AND DAMAGE COMPENSATION? ARE THERE ATTORNEYS SPECIALIZING IN COLLECTION OF RECEIVABLES?
The truth is that in fact there are attorneys specializing in compensation of damages, just as there are attorneys specializing in criminal or commercial matters. However, there are no special directories and lists as it would imply unfair competition. There is only the directory of the competent Bar Association. The client can ask any lawyer whether he/she is dealing with this matter and thus check his/her practice and experience in collecting damages. The basic types of damage are really numerous, so there is a possibility to compensate damage for, among other things, real damage and loss of profit, for physical pain and physical injuries, for fear and mental pain ie. psychological pain caused by various harmful actions of the responsible natural or legal person, etc.
What is common to all types of damage is the obligation of the plaintiff to prove the causality between the action of the responsible person and the occurrence of the damage when there are no legal assumptions on liability for damage. Therefore, for damage compensation, the plaintiff bears the burden of proving that a specific action or several actions are the exact cause leading to the actual damage. Then, it is necessary to prove the existence of the damage itself and its specific severity. This is usual and the biggest problem in cases of damage compensation (sometimes it is probatio diabolica) as sometimes there are no clear criteria by which the damage can be easily determined, thus requiring complex court expertise, etc.
Our duty as damage compensation lawyers is to give to the client a realistic view of the situation in the case, and possibly warn him/her of various risks. Of course, the final word is on the client, who always decides whether to take part in the compensation procedure and assume the risk of success of the procedure.