Blockades of public traffic are contrary to the Constitution and laws of Serbia, which is why the competent authorities, primarily members of the Ministry of Internal Affairs, are authorized to react to such behavior of citizens, and in doing so, they did not exceed their powers nor did they use inappropriate force, it was stated by the Higher Public Prosecutor’s Office in Belgrade.
Explaining the lawful conduct of the police in connection with the traffic blockades that began on June 29th, the Prosecutor’s Office points out that numerous incidents are happening at these blockades, whose participants provoke conflict situations and commit misdemeanors and criminal offenses.
Taking that into account, as well as the attacks on the police in recent days and other incidents, the Higher Public Prosecutor’s Office emphasizes that the police did not exceed their powers nor did they use inappropriate force.
The Prosecutor’s Office emphasizes that the police carry out their tasks completely independently, that is, they do not need prior consultation with misdemeanor judges or the public prosecutor’s office.
The statement states that, in accordance with the law, the minister has the authority to temporarily restrict or prohibit movement in certain facilities, areas, or public places, to temporarily prohibit residence in a certain area or leaving a certain area, or to implement temporary protection of citizens through their departure from a certain area.
“These measures are time-limited but can last as long as there is a need for them,” the Prosecutor’s Office points out.
The statement indicates that the police, towards persons who disturb public order and peace, can apply a warning, order, or identification if there is a threat from that person that requires police action.
Also, the police can temporarily restrict freedom of movement and staying in a certain area and remove persons from that area as long as the cause for such a state lasts, through the use of various means of coercion against a group of persons – from physical force, irritant spray, electromagnetic means, official batons, means for restraining, police dogs and horses, special vehicles, use of water jets and chemical agents.
These powers, by order of the chief of the department, can be applied by a police officer towards a group of persons who have gathered illegally or are behaving illegally, or whose behavior can cause violence or disturb public order and peace.
The police department decides on this independently, without consulting the public prosecutor’s office or the misdemeanor court.
At the same time, the rule applies that the mildest means of coercion that can achieve the goal is applied.
The public prosecutor’s office conducts the pre-investigation procedure if there are grounds for suspicion that a certain person has committed a criminal offense that is prosecuted ex officio and can order the police to undertake certain actions in order to identify the perpetrators of the criminal offense for the purpose of criminal prosecution.
As stated in the announcement, the basic precondition for this is precisely the existence of grounds for suspicion that a criminal offense has been committed.
