The EU-funded Project “Facility supporting Serbia in achieving the objectives of Chapter 24: Justice, Freedom and Security” supports the Republic of Serbia in the enhancement of the capacities to combat serious and organised crime and in the seizure and confiscation of assets. To achieve this objective, the cooperation is focused on the strengthening of the professional and operational skills and capacities to combat serious and organised crime.

In the scope of this Project, Serbian public prosecutors and Serbian judges identified the need to establish a common guideline with clear rules to build up a successful case in complex investigations, which are predominantly based on circumstantial evidence.

To illustrate, and in accordance with a prevailing understanding, evidence in criminal proceedings may be direct or circumstantial. Direct evidence is considered as proof of a fact presented in a direct manner, such as the testimony of an eyewitness. Circumstantial evidence is indirect evidence that does not, in and of itself, prove a given fact. Rather, it gives rise to a logical inference that the fact exists. For example, an individual’s “spending habits” may prompt further investigation into the provenance and destination of the property in question. This line of reasoning leads to the conclusion that the investigation should focus on the family relationships, relatives, business relationships, or other general interests of an individual whose personal and professional income, when considered in conjunction with the financial transactions and profit from his or her business, do not justify the observed unusual financial activity. A hypothesis may be regarded as a conclusion when it is deemed to be sufficiently substantiated and aligned with the evidence presented.

So, one of the most significant concerns of Serbian practitioners when assessing criminal cases, is that even if there is an understanding on the importance of circumstantial evidence, it considered essential to raise awareness on the principles of circumstantial evidence and on how to use it effectively.

As a result of this need, the Project has supported Serbian practitioners in the development of the “Guideline on comparative analysis of the necessary evidence required for a successful proceeding in organised crime, money laundering and assets recovery. Special focus on the importance of circumstantial evidence”. At the heart of the Manual is an emphasis on the use of circumstantial evidence, taking into consideration that serious and organised crime usually operates in the shadows. The Guideline encourages judicial practitioners to consider indirect evidence not as secondary, but as central to build a robust case. It provides a practical framework for how practitioners can better present, analyse, and link these pieces of evidence to form a convincing narrative.

With this in mind, the Manual aims to raise the awareness of Serbian Judges, Public Prosecutors, and Police Investigators on using circumstantial evidence in cases involving financial crimes, particularly money laundering. The Manual was drafted during a year by a team coordinated by the senior judge and Key Expert for Judicial and Prosecutorial Matters, Ms. Marta Pizarro Mayo, who brought together Serbian and EU expertise, in a coordinated work developed by relevant representatives from the Spanish and Serbian Judiciary and the Spanish and Serbian Public Prosecution.

 The Manual is designed to serve as a practical, “hands-on tool” for daily use by practitioners, rather than as an academic document. It incorporates case law from the European Court of Human Rights, the Court of Justice of the EU, and the Supreme Courts of EU Member States, with the objective of aligning Serbian practice with European standards.

The presentation of the Guideline took place in the first week of October 2024, and was successfully hosted at the four Appellate Courts of Kragujevac, Niš, Novi Sad and Belgrade. The presentation was attended by numerous judges and prosecutors from the Serbian Appellate regions, who expressed great interest in the Manual.

During the presentation of the Manual, the President of the Belgrade Appellate Court, Mr. Duško Milenković emphasised that it is “an important guide on how to resolve dilemmas on all important issues that arise before judges and prosecutors in the course of proceedings related to circumstantial evidence”. He also highlighted the fact that the Manual “makes a positive contribution to the reinforcement of instruments of international legal cooperation with neighbouring countries and in particular with EU countries, as Serbian judges and prosecutors will be able to identify all possible obstacles that the country we has in judicial cooperation, and to find concrete solutions to those obstacles, in order to initiate possible changes in the Republic of Serbia for cooperation to flow in a more streamlined manner”.

The Manual was presented in two formats: physical and digital. The digital version incorporates accurate links to the original resolutions, legislation, and international treaties, thus providing a dynamic and useful tool for practitioners from the Republic of Serbia and beyond.

Deputy Court President from Niš Court of Appeal, Mr. Zoran Popović, highlighted in the presentattion that the Manual “will contribute to the wider application of circumstantial evidence in judicial practice in the Republic of Serbia”

The Judicial Academy of the Republic of Serbia has assumed responsibility for the dissemination of the Manual to all Serbian criminal judges and public prosecutors. Furthermore, the Academy is coordinating additional training activities based on the utilisation of the Manual..

During the presentation of the Manual, the President of the Kagrujevac Appellate Court, Mr. Aleksandar Blanuša, also stated “the positive contribution of the Guideline to strengthening the instruments of international legal cooperation with neighboring countries, and especially with the EU countries, for the successful fight against both organised crime and all other forms of crime”.

In conclusion, and quoting Mr. Miljko Radisavljević, Public Prosecutor from the Supreme Public Prosecution of Serbia, “the Guideline, though not a strategic document, harbour an ambitious idea to make a significant contri­bution to changing the current situation, judging by the list of authors engaged, their approach, experi­ence, used sources, persuasiveness of their argumentation, this goal will undoubtedly be achieved. The document is not only intended for practitioners, but should serve as an indispensable tool in their daily work, a guide for resolving doubts and open questions, but also a document that needs to improve their knowledge, skills, stimulate their creativity and help them to solve the challenges we face in processing money laundering, corruption, serious and organised crime with new ideas, energy and even courage”.

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