The right to a Trial within a Reasonable Time

The court must conduct the procedure without delay and with as little expense as
possible. The right to a trial within a reasonable time has every party in court
proceedings, which includes criminal, civil, and enforcement proceedings, every
participant according to the law regulating non-litigation proceedings, and injured
parties in criminal proceedings, private prosecutors, and injured parties as
prosecutors only if they have asserted a property claim.

The public prosecutor, as a party in criminal proceedings, doesn’t have the right to a
trial within a reasonable time. When deciding on legal means that protect the right
to a trial within a reasonable time, all the circumstances of the subject of the trial
are taken into account, above all the complexity of the factual and legal issues, the
entire procedure’s duration, and the court’s actions, public prosecutor’s office or
other state body, the nature and type of the subject of the trial or investigation, the
importance of the subject of the trial or investigation per party, the behavior of the
parties during the procedure, especially respect for procedural rights and
obligations, then respect for the order of case resolution and legal deadlines for
scheduling hearings and the main trial and drafting decisions.

A person, whose right to a trial within a reasonable time has been violated, has the
right to have the violation of the right to a trial within a reasonable time determined
by a court decision, to order the competent court to resolve the matter as soon as
possible, as well as the right to appropriate compensation (just satisfaction). The
types of just satisfaction are:

• The right to payment of monetary compensation for non-property damage caused
  to the party by violation of the right to a trial within a reasonable time,
• The right to publish a written statement from the State Attorney’s Office, which
  establishes that the party’s right to a trial within a reasonable time has been violated,
• The right to the publication of a judgment establishing that the party’s right to a
  trial within a reasonable time was violated.
• The indemnity obligee is the Republic of Serbia according to the principle of
  objective responsibility.