Report!

Information on how and whom to report a crime, a digital privacy breach or a cyber security incident

Report to Public Prosecutor

Act of notifying the competent authority that a criminal offense has been committed

CPC – Art. 280 and 281

A criminal report is submitted for criminal offenses for which prosecution is undertaken ex officio (the public prosecutor has the right and duty to prosecute, to verify the allegations of the criminal complaint, and, when the conditions are met, to open an investigation, and represents the prosecution before the competent court)

  • most crimes in the Criminal Code are prosecuted ex officio
  • all criminal acts covered by the term of cyber crimes are prosecuted ex officio by the Prosecutor for hi-tech crime

Exception:

  • Unauthorised Use of Computer of Computer Network (Art. 304)
  • prosecuted under a private criminal action which is submitted to the basic court
  • the basic court is competent according to the place where the criminal offense was committed
  • Art. 3 of Act on Seats and Areas of Courts and Public Prosecutions determines which basic courts exist and where they are located - based on this, it is concluded which basic public prosecutor's office is competent and whom to file a criminal complaint

It is submitted to the competent public prosecutor

  • The Prosecutor's Office for hi-tech crime

If the criminal report is submitted to the police, non-competent public prosecutor or court, they are obliged to receive the report and immediately deliver it to the competent public prosecutor

  • Any person who has knowledge that a criminal offense (prosecuted ex officio) has been committed
  • Oštećeni – “žrtva” krivičnog dela
  • State bodies and legal entities (institutions, companies, associations, etc.) who learn that a criminal offense has been committed while performing their duties

Against a person for whom there are grounds to suspect that he has committed a criminal offense

It can also be filed against an unknown perpetrator

It is submitted when there are grounds for suspicion that a criminal offense has been committed

There is no prescribed deadline for submitting a criminal complaint

The only relevant one is the limitation period of the criminal prosecution

  • after a certain amount of time has passed since the commission of the crime, the state loses the right to prosecute the perpetrators
  • that term is determined according to the amount of the threatened penalty for a specific criminal offense - see Art. 103-104 CC

A criminal report may be filed

  • by handing it in in writing (by post or at a state authority)
  • orally (live at the authority or over the phone), or
  • by other means (even by email, if this information is available)

If a criminal report is submitted orally, a record is drawn up about it and the person who submitted the report relies on the consequences of false reporting (it is a criminal act)

If the application was communicated by telephone or other means of telecommunication - an official note is made

If the application is submitted by electronic mail, it will be saved on the appropriate data carrier and printed

  • The content of the criminal report is not prescribed
  • It is enough to describe what happened and state everything that is known
  • The applicant states the evidence known to him
  • The applicant does not have to specify which criminal offense it is, nor to cite the law
  • The applicant does not have to sign, he can submit the criminal report anonymously or under a pseudonym - this is not a reason not to act on the criminal report  
  • Address: Tužilaštvo za visokotehnološki kriminal, Savska 17a, Beograd
  • Phone: +381117451233
  • Email: vtk@beograd.vtk.jt.rs
  • Website: https://www.beograd.vtk.jt.rs/

Report to police

  • A criminal report is submitted to the Prosecutor's Office for High-Tech Crime as the competent public prosecutor, but it can also be submitted to the police
  • It doesn't have to be the hi-tech crime police department - it can be any police department/station
  • If the criminal report is submitted to the police, non-competent public prosecutor or court, they are obliged to receive the report and immediately deliver it to the competent public prosecutor

Report on platform 'Smart and Safe'

  • Online platform Ministry of Information and Telecommunications - national contact center for children's safety on the Internet

  • Through the online form unwanted behaviors can be reported: cyberbullying, sexting, trafficking, identity theft, fraud and other illegal activities and other forms of exploitation and endangerment of children

Report on platform 'Net Patrol'

  • Online platform of the Center for safe internet
  • Illegal content can be reported via the online form: material with sexual abuse of children, hate speech , racial and other discrimination, other forms of exploitation of children

Report a digital privacy breach

If your right to digital privacy has been violated, you can protect yourself in several ways

File a criminal report

Criminal law protection of the right to digital privacy is achieved before a court of general jurisdiction, in criminal proceedings for criminal acts against the freedoms and rights of man and citizen.

Act of notifying the competent authority that a criminal offense has been committed

CPC – Art. 280 and 281

  1. Violation of Privacy of Letter and other Mail (Art. 142)
  2. Unauthorised Wiretapping and Recording (Art. 143)
  3. Unauthorised Photographing (Art. 144)  
  4. Unauthorised Publication and Presentation of another’s Texts, Portraits and Recordings (Art. 145)
  5. Unauthorised Collection of Personal Data (Art. 146)

If the perpetrator is an official but the act may not considered cybercrime:

  • prosecution is undertaken ex officio - the criminal complaint is submitted to the basic public prosecutor's office, whose jurisdiction is determined according to the place where the crime was committed

Art. 3 of Act on Seats and Areas of Courts and Public Prosecutions determines which basic courts exist and where they are located - based on this, it is concluded which basic public prosecutor's office is competent and whom to file a criminal complaint

 

 

If the perpetrator is an official and the act may considered cybercrime (due to the method or means of execution):

  • prosecution is undertaken ex officio - criminal report is submitted to the Prosecutor's Office for Hi-Tech Crime, regardless of the place where the crime was committed

 

 

If the perpetrator of these criminal acts is a non-official:

  • the prosecution is undertaken on the basis of a private lawsuit (a criminal complaint is not submitted to the police or the public prosecutor's office, but a private criminal lawsuit is submitted to the court)
  • the basic court is competent according to the place where the criminal offense was committed

Art. 3 of Act on Seats and Areas of Courts and Public Prosecutions determines which basic courts exist and where they are located - based on this, it is concluded which basic public prosecutor's office is competent and whom to file a criminal complaint

  • Any person who has knowledge that a criminal offense (prosecuted ex officio) has been committed
  • Oštećeni – “žrtva” krivičnog dela
  • State bodies and legal entities (institutions, companies, associations, etc.) who learn that a criminal offense has been committed while performing their duties

Against a person for whom there are grounds to suspect that he has committed a criminal offense

It can also be filed against an unknown perpetrator

It is submitted when there are grounds for suspicion that a criminal offense has been committed

There is no prescribed deadline for submitting a criminal complaint

The only relevant one is the limitation period of the criminal prosecution

  • after a certain amount of time has passed since the commission of the crime, the state loses the right to prosecute the perpetrators
  • that term is determined according to the amount of the threatened penalty for a specific criminal offense - see Art. 103-104 CC

A criminal report may be filed

  • by handing it in in writing (by post or at a state authority)
  • orally (live at the authority or over the phone), or
  • by other means (even by email, if this information is available)

If a criminal report is submitted orally, a record is drawn up about it and the person who submitted the report relies on the consequences of false reporting (it is a criminal act)

If the application was communicated by telephone or other means of telecommunication - an official note is made

If the application is submitted by electronic mail, it will be saved on the appropriate data carrier and printed

  • The content of the criminal report is not prescribed
  • It is enough to describe what happened and state everything that is known
  • The applicant states the evidence known to him
  • The applicant does not have to specify which criminal offense it is, nor to cite the law
  • The applicant does not have to sign, he can submit the criminal report anonymously or under a pseudonym - this is not a reason not to act on the criminal report  

Address the Protector of Citizens

You can file a complaint with the Protector of Citizens until you have tried to exercise or protect your rights in the appropriate legal procedure.

You can write it yourself or hand it in for the record with the help of the employees of the Protector's Service

It is prescribed what the complaint should contain, and there are forms at several languages

The Protector of Citizens will inform you about the initiation and completion of the complaint procedure

If the conditions provided for by law have not been met for conducting the procedure, the Protector will inform you of the reasons for rejecting the complaint

  • Address: Zaštitnik građana, Deligradska 16, Beograd

  • Working hours: 8.30 - 16.30, on weekdays

  • Phone: +381112068100

  • Fax: +381112068182

  • E-mail: zastitnik@zastitnik.rs

  • Website: https://www.ombudsman.rs/

Address the Constitutional Court

You can submit a constitutional appeal to the Constitutional Court, in accordance with Act on the Constitutional Court against

  • individual act (decision), or
  • action

of a state authority or organization entrusted with public authority

if you believe that this act or action infringes or denies you a right guaranteed by the Constitution - but only after other legal remedies against that controversial act or action have been exhausted or are not provided for, or it is excluded by law the right to judicial protection of rights.

Act requesting the Constitutional Court to

  • to annul the individual act,
  • to prohibit further performance of the action, or
  • to determine the undertaking of another measure and action that removes the harmful consequences of the established violation or denial of guaranteed rights and freedoms
  • to determine the method of fair satisfaction of the applicant (compensation for material or non-material damage, when such a request is made)

 

Law on the Constitutional Court (Art. 82-92)

To the Constitutional Court

Against

  • individual decision, or
  • action

of a state body or organization entrusted with public authority,

which violate or deny human or minority rights and freedoms guaranteed by the Constitution, if other legal remedies have been exhausted or are not provided for or the right to judicial protection is excluded by law.

 

A constitutional appeal can be filed only if

  • other legal remedies have been exhausted, or
  • other legal remedies are not provided for, or
  • the right to judicial protection is excluded by law

in relation to an individual decision or action of a state authority or organization entrusted with public authority

If this condition is not met, the Constitutional Court will reject the constitutional appeal

 

 

Any person who believes that a human or minority right and freedom guaranteed by the Constitution has been violated or denied by an individual act or action of a state authority or an organization entrusted with public authority.

On behalf of that person, a constitutional appeal can be filed by another natural person, that is, the state or other authority responsible for monitoring and exercising human and minority rights and freedoms.

If a human or minority right and freedom guaranteed by the Constitution is violated or denied by an individual act or action of several persons, and only some of them filed a constitutional complaint, the decision of the Constitutional Court also applies to persons who did not file a constitutional appeal, if they are in the same legal the situation.

It is declared within 30 days from

  • on the day of submission of the individual decision that is contested
  • on the day of undertaking an action that violates or denies human or minority rights and freedoms guaranteed by the Constitution

 

If a person misses this deadline for justified reasons, the Constitutional Court allows him to return to the previous state if that person, within 15 days from the day of the end of the reason that caused the failure, submits a proposal for the return to the previous state and if at the same time with this proposal, he also submits a constitutional appeal - however, after three months have passed since the deadline for submitting a constitutional appeal has passed, the person can no longer request a return to the previous state

The constitutional appeal must contain:

  1. Name and surname of the applicant
  2. Applicant's personal identification number
  3. Applicant's place of residence or place of residence, that is, the name and seat of the applicant of the constitutional appeal
  4. Name and surname of the applicant's proxy
  5. Number and date of the decision against which the appeal was filed and the name of the authority that issued it
  6. Indication of the human or minority right or freedom guaranteed by the Constitution, which is claimed to have been violated, with the indication of the provision of the Constitution guaranteeing that right or freedom
  7. Reasons for the appeal and state what the injury or denial consists of
  8. Defined request on which the Constitutional Court should decide, with emphasis on the amount and basis of compensation for material or non-material damage, when compensation is requested (a request for compensation can only be made simultaneously with the submission of a constitutional appeal)
  9. Signature of the applicant of the constitutional appeal, that is, the person to whom a special power of attorney was issued to file a constitutional appeal

 

If the submission is anonymous, or if the applicant does not remove the deficiencies that prevent the action within the deadline, the Constitutional Court rejects the constitutional appeal

Forms available on the website

 

The following is submitted with the constitutional appeal:

  • a copy of the contested individual decision
  • evidence that legal remedies have been exhausted
  • evidence of the amount of material damage
  • other evidence of importance for decision-making

 

Submissions addressed to the Constitutional Court are submitted via post or directly to the Constitutional Court

Personal data protection

If your data have been treated contrary to the Law on the Protection of Personal Data, you can achieve protection in several ways

*Note: Protection of personal data can also be achieved by filing a criminal report, while addressing the Protector of Citizens and the Constitutional Court requires the following mechanisms to be exhausted:

Address administrative bodies

Address the Commissioner

You can submit to the commissioner:

  • COMPLAINT, if you believe that your data is being processed contrary to the provisions of Personal Data Protection Act 
  • REQUEST for the exercise of rights related to the processing of personal data
  • REQUEST for exercise of rights on the occasion of the access

Forms for complaints and requests are available, and they can also be submitted electronically

In addition, as the Commissioner is authorized to carry out inspection supervision over the implementation of this law, and to submit a request for initiation of misdemeanor proceedings, you can contact him if you believe that this law is being violated (offences are prescribed in Art. 95) 

  • Address: Poverenik za informacije od javnog značaja i zaštitu podataka o ličnosti, Bulevar kralja Aleksandra 15, Beograd 
  • Kancelarija van sedišta Poverenika, Vojvode Šupljikca 21, Novi Sad  
  • Working hours: 7.30-15.30
  • Phone: +381113408900
  • Fax: +381113343379
  • Email: office@poverenik.rs
  • Website: https://www.poverenik.rs
Address the Administrative Court

Against the decisions of the Commissioner you can initiate an administrative dispute before the administrative court (Art. 83):

1)

in connection with the complaint – if the Commissioner

  • within 60 days from the date of submission of the complaint does not act on the complaint,
  • does not inform you about the course of the proceedings, the results of the proceedings, as well as the right to initiate court proceedings

2)

in connection with other decisions of the Commissioner (regarding your request for the exercise of rights in connection with the processing of personal data or in connection with your request for the exercise of rights in connection with the performed inspection) - if you are not satisfied with such a decision:

  • within 30 days from the date of receipt of the decision 

A lawsuit for initiating an administrative dispute against the Commissioner's decisions or silence is submitted in accordance with Law on Administrative Disputes

The seat of the Administrative Court is in Belgrade

Address: Upravni sud, Nemanjina 9, Beograd

Working hours: 07:30 – 15:30

Phone:

0113604606

0113634607

Website: https://www.up.sud.rs/cirilica 

 

Address misdemeanor courts

REQUEST for the initiation of misdemeanor proceedings may be submitted by the Commissioner, as well as by the injured party

If you are harmed by the violation of Personal Data Protection Act (offences are prescribed in Article 95) you can address the misdemeanor court, by submitting a request to initiate misdemeanor proceedings

An act requiring the competent misdemeanor court to determine that a provision of a law has been violated and to impose a penalty on the violator

Law on Misdemeanors - Art. 179-182

For offenses from Art. 95 Act on Personal Data Protection

  • injured party (whose personal data was the subject of a violation) 
  • authorized body - Commissioner for access to information of public importance and protection of personal data

Against a natural or legal person who has committed an offense under Art. 95 Act on Personal Data Protection

 

Misdemeanor report of the injured party submitted to the competent authority will be considered as a request to initiate a misdemeanor procedure, if the Commissioner does not initiate the misdemeanor proceedings

 

Misdemeanor proceedings cannot be initiated or conducted if one year has passed from the day the misdemeanor was committed

It is submitted to the competent misdemeanor court

  • the local competent court is the court in whose territory the offense was committed or attempted

Art. 2 of the Act on Seats and Areas of Courts and Public Prosecutions determines which misdemeanor courts exist and where they are located

The request is submitted

  • in writing
  • the injured party can submit a request orally on the record, before the competent misdemeanor court

 

Art. 181 prescribes that the request contains: 

1) the name and headquarters of the applicant, that is, the personal name and address of the person submitting the request;

2) name of the court to which the request is submitted;

3) basic data about the natural person, entrepreneur and responsible person against whom the request is submitted: personal name, unique citizen registration number, occupation, place and address of residence, place and address of employment and citizenship, i.e. name and headquarters of the legal entity, as well as tax identification number number (hereinafter: PIB) and registration number, and for the entrepreneur the name and headquarters of the business, and for the responsible person in the legal entity and the function he performs in that legal entity;

4) a factual description of the action from which the legal feature of the misdemeanor arises, the time and place of the misdemeanor and other circumstances necessary to determine the misdemeanor as accurately as possible;

5) regulation on the offense to be applied;

6) a proposal on the evidence to be presented, with marking of personal names and addresses of witnesses, documents to be read and objects that serve as evidence;

7) data on whether a criminal proceeding or a proceeding for an economic offense has been initiated for an act that includes features of the misdemeanor that is the subject of the request;

8) signature of the official, i.e. the injured party as the requester and the seal of the authorized body that submits the request.

If the information about the person against whom the request is submitted is known and available to the applicant, his place and date of birth, telephone number, e-mail address, telephone number at the workplace, business account numbers of the legal entity and the entrepreneur are also indicated.

If the injured party submits a request:

  • he does not have to specify the regulation on the offense that should be applied, nor the unique civil registry number of the person against whom the request is submitted
  • he should state the name and headquarters of the legal entity, the name, surname and function of the responsible person in that legal entity, i.e. the name and surname, name and headquarters of the business of the entrepreneur - if the request is submitted against the legal entity and the responsible person in the legal entity and the entrepreneur
  • should state the personal name of the defendant, the name and seat of the body and the function, i.e., the duties performed by the person in the body - if the request is against a responsible person in a state body, a body of territorial autonomy and a unit of local self-government or other holders of public authority

If the request doesn't contain everything it should

  • the applicant will be asked to complete it within a certain period (not to exceed 15 days)
  • if he does not eliminate the deficiencies within a certain period, he will be considered to have given up on the request and the request will be rejected by decision

File a lawsuit

If you believe that, as a result of actions that are contrary to Act on the Protection of Personal Data, the right prescribed by this law is violated, you can file a lawsuit for the protection of personal data

 

 

The lawsuit is filed in accordance with Act on Civil Procedure

1.

With a lawsuit, you can request the court to oblige the defendant, who violated your rights, to:

  • provide information from Art. 22 to 27, Art. 33 to 35 and Art. 37
  • correct, i.e. delete data on the plaintiff from Art. 29, 30 and 32
  • limit the processing from Art. 31 and 32
  • provide data in a structured, commonly used and electronically readable form
  • transfer data to another operator from Art. 36
  • terminate data processing from Art. 37

2.

You can also request the court to determine that the decision relating to you was made contrary to Art. 38 and 39

The higher court is competent:

  • the court in whose territory the operator, i.e. the processor or their representative has a place of residence, abode, or headquarters, or
  • the court in whose territory the person to whom the data refer resides or resides,

If the lawsuit is filed against the authorities, the competent authority is:

  • the court in whose territory the seat of the body is located 

Art. 4 of Act on Seats and Areas of Courts and Public Prosecutor's Offices determines which higher courts exist and where they are located

Address SHARE Fondation

If you have noticed a violation of digital rights and Internet freedoms or if you believe that your rights have been violated, you can contact the SHARE Foundation, which, in cases of a social interest, will offer you free legal and technical assistance

Na sajtu se nalazi dugme “Prijavi povredu”, koje vas vodi do onlajn formulara

 

Report a security incident

If you have knowledge of an information security incident, you can file a report

Reporting an incident is an act of informing about the occurrence of an event that has a real negative impact on the security of network and information systems

 

 

All reports are registered in the unique system for receiving notification of incidents maintained by the Competent Authority (Ministry of Information and Telecommunications).

Law on Information Security (LIS) 

In terms of Act on Information Security reportable incidents are those

  • incidents in ICT systems of special importance
  • which can have a significant impact on information security breaches
  • Operators of ICT systems of special importance are obliged to report the incident - if they fail to do so, they commit an offense under Art. 31 LIS
  • Other natural and legal persons who have knowledge of the incident can submit a report

OPERATORS OF ICT SYSTEMS OF SPECIAL IMPORTANCE report the incident to:

  • competent authority (Ministry of Information and Telecommunications)
  • National CERT
  • To the National Bank of Serbia, in the event of incidents in ICT systems in the area of financial institutions and keeping a register of data on the obligations of natural and legal persons towards financial institutions (NBS forwards the report to the unified system for receiving notification of incidents)
  • to the regulatory body for electronic communications (RATEL) in case of incidents in ICT systems in the field of electronic communications (RATEL forwards the report to the unified system for receiving notification of incidents)

The obligation to report an incident in the manner described does not apply to:

  • independent ICT system operators (ministry responsible for defense affairs, ministry responsible for internal affairs, ministry responsible for foreign affairs, security services)
  • operators of ICT systems for working with secret data

OTHER NATURAL AND LEGAL PERSONS may report the incident to:

  • competent authority (Ministry of Information and Telecommunications)
  • National CERT
  • special CERTs

 

If elements of the criminal offense of cybercrime are realized in the incident, you can submit a criminal report to the Prosecutor's Office for Hi-Tech Crime

 

For operators of ICT systems of special importance (as well as for other state and other bodies and legal entities that have knowledge of a criminal offense) - this is a duty

Operators of ICT systems of special importance are obliged to report incidents without delay, and at the latest on the next working day from the day of learning about the occurrence of the incident.

The recommended deadlines for reporting incidents are contained in the Instructions for reporting of incidents

REPORT TO THE NATIONAL CERT:

Incident reporting to the national CERT can be done in three ways:

1)

Application via online form

On the page of the National CERT there is a button Report an incident

Clicking on the button takes you to the reporting page, where you first choose whether to report the incident as

  • individual
  • small or medium-sized enterprise (legal entity)
  • ICT system of special importance

After that, a form is displayed on the screen in which you fill in data about:

  • to the applicant (for natural persons, it is mandatory to provide an email address, for legal entities, all fields are mandatory),
  • incident (it is mandatory to select the incident group and type of incident from the list provided, and specify the date and duration of the incident)

Nakon unosa podataka u obavezna polja, kliknete na dugme “Pošaljite poruku”

You will receive an email with a verification link to the email address you provided in the application, and after that a confirmation that you have reported the incident

The service for receiving and processing incidents is available to users 24 hours a day, every day

2)

Report by email

3)

Report by phone

REPORT TO THE MINISTRY:

Application via online form

All fields in the form must be filled in:

  • Name of applicant 
  • Phone number
  • E-mail
  • Group of incidents
  • Date of incident
  • The exact time of the start of the incident 
  • Duration
  • Consequences caused by the incident
  • Actions taken to mitigate the consequences of the incident 

The authority to which the incident was reported informs about the incident:

  • competent public prosecutor's office, i.e. the ministry responsible for internal affairs - if the incident is related to the commission of criminal offenses that are prosecuted ex officio (obligation)
  • MSA - if the incident is related to a significant violation of information security, which has or may have the effect of jeopardizing the defense of the Republic of Serbia (obligation)
  • SIA - if the incident is related to a significant violation of information security, which has or may have the effect of endangering national security (obligation)
  • Public - if the incident is of interest to the public, and after consultation with the operator of the ICT system of particular importance in which the incident occurred (possibility)

Report to the Ministry

  • The competent authority is the Ministry of Information and Telecommunications
  • You can report the incident by clicking on the link at website which takes you to the online form

Report to the National CERT

  • National CERT monitors reported incidents at the national level

  • You can report the incident by clicking on the button 'REPORT INCIDENT' and entering the necessary data in the incident report form

Report to special CERTs

  • A special CERT is a team that performs tasks of prevention and protection against security risks in ICT systems within a specific legal entity, group of legal entities or business area, etc.

Registar posebnih CERT-ova >>

If elements of cybercrime are realized in the incident, you can submit a criminal complaint to the Prosecutor's Office for Hi-Tech Crime >>

Reporting violations of the Law on Information Security

If you have knowledge of offenses from Art. 30 and 31, Law on Information Security, you can report them

Address the Inspection

As based on Act on Information Security The Information Security Inspectorate is responsible for the inspection of

  1. application of the Law 
  2. the work of operators of ICT system of particular importance
  3. the work of the National CERT

if you have information about a violation of the Law, you can contact this inspection and initiate the initiation of inspection supervision by submitting a petition

A petition is a report, proposal and act of another name that an interested natural and legal person submits to the inspection in order to initiate the initiation of the inspection supervision procedure, in which the inspector can order the supervised subject to take corrective measures, but also submit to the misdemeanor court a request for the initiation of the misdemeanor procedure

Law on inspection supervision

Interested natural and legal person

Against a natural or legal person who has committed an offense under Art. 30 and 31 of the Law on Information Privacy

 

No deadline is prescribed

 

 

However, it should be borne in mind that the statute of limitations for conducting misdemeanor proceedings (which could be initiated by the inspector) begins after one year has passed since the offense was committed.

To the Inspectorate for Information Security

The application is submitted

  • in writing

It is not prescribed what it contains

You should describe everything you know about the offense

It cannot be submitted anonymously

If the submitter, after notifying the inspection about the irregularity of the petition, because it has defects that prevent the inspection from acting on it or is incomprehensible or incomplete, does not edit it within eight days from the notification - it is considered that the submitter has abandoned it

Address: Ministarstvo informisanja i telekomunikacija – Inspekcija za informacionu bezbednost, Pariska 7, Beograd

Phone: 0112020070

Form for contact 

E-mail: evidencijaiktsistema@mit.gov.rs

Website: https://www.mit.gov.rs

Address misdemeanor courts

If Information Security Act violated to your detriment, you can as an injured party bring before a misdemeanor court, in accordance with Law on Misdemeanors , a request to initiate misdemeanor proceedings

An act requiring the competent misdemeanor court to determine that a provision of a law has been violated and to impose a penalty on the violator 

Law on Misdemeanors - Art. 179-182

For offenses from Art. 30 and 31 Act on Information Security

 

  • injured party 
  • authorized body - Inspection for Information Security

 

Against a natural or legal person who has committed an offense under Art. 30 and 31 of the Law on Information Privacy

 

The misdemeanor report of the injured party submitted to the competent authority will be considered a request for the initiation of misdemeanor proceedings, if the Information Security Inspectorate does not initiate the initiation of misdemeanor proceedings

Misdemeanor proceedings cannot be initiated or conducted if one year has passed from the day the misdemeanor was committed

It is submitted to the competent misdemeanor court

  • the local competent court is the court in whose territory the offense was committed or attempted

Art. 2 of the Act on Seats and Areas of Courts and Public Prosecutions determines which misdemeanor courts exist and where they are located

The request is submitted

  • in writing
  • the injured party can submit a request orally on the record, before the competent misdemeanor court

 

Art. 181 prescribes that the request contains: 

1) the name and headquarters of the applicant, that is, the personal name and address of the person submitting the request;

2) name of the court to which the request is submitted;

3) basic data about the natural person, entrepreneur and responsible person against whom the request is submitted: personal name, unique citizen registration number, occupation, place and address of residence, place and address of employment and citizenship, i.e. name and headquarters of the legal entity, as well as tax identification number number (hereinafter: PIB) and registration number, and for the entrepreneur the name and headquarters of the business, and for the responsible person in the legal entity and the function he performs in that legal entity;

4) a factual description of the action from which the legal feature of the misdemeanor arises, the time and place of the misdemeanor and other circumstances necessary to determine the misdemeanor as accurately as possible;

5) regulation on the offense to be applied;

6) a proposal on the evidence to be presented, with marking of personal names and addresses of witnesses, documents to be read and objects that serve as evidence;

7) data on whether a criminal proceeding or a proceeding for an economic offense has been initiated for an act that includes features of the misdemeanor that is the subject of the request;

8) signature of the official, i.e. the injured party as the requester and the seal of the authorized body that submits the request.

If the information about the person against whom the request is submitted is known and available to the applicant, his place and date of birth, telephone number, e-mail address, telephone number at the workplace, business account numbers of the legal entity and the entrepreneur are also indicated.

If the injured party submits a request:

  • he does not have to specify the regulation on the offense that should be applied, nor the unique civil registry number of the person against whom the request is submitted
  • he should state the name and headquarters of the legal entity, the name, surname and function of the responsible person in that legal entity, i.e. the name and surname, name and headquarters of the business of the entrepreneur - if the request is submitted against the legal entity and the responsible person in the legal entity and the entrepreneur
  • should state the personal name of the defendant, the name and seat of the body and the function, i.e., the duties performed by the person in the body - if the request is against a responsible person in a state body, a body of territorial autonomy and a unit of local self-government or other holders of public authority

If the request doesn't contain everything it should

  • the applicant will be asked to complete it within a certain period (not to exceed 15 days)
  • if he does not eliminate the deficiencies within a certain period, he will be considered to have given up on the request and the request will be rejected by decision