The prosecutor of the First Basic Public Prosecutor’s Office received an order for mandatory action, requesting that she issue an order allowing the police officer suspected of abusing and torturing a student to avoid criminal prosecution by paying a monetary amount. The Belgrade Center for Human Rights warns that the institute of opportunism, i.e. deferral of criminal prosecution, cannot be applied to criminal offenses of abuse and states that it will inform international institutions about this.
According to the order for mandatory action issued by the chief prosecutor of the First Basic Public Prosecutor’s Office, the prosecutor is required to issue an order demanding that the suspect police officer pay at least 400,000 dinars to the injured student or to a humanitarian organization in exchange for criminal prosecution.
If the prosecutor were to issue such an order, and the suspect paid the specified amount within the deadline, after receiving proof of payment the prosecution would only have to issue a decision dismissing the criminal complaint. This means that the suspect police officer, Tanja Drobnjak, would be considered unconvicted and that no criminal proceedings had been conducted against her, explained Vladica Ilić from the Belgrade Center for Human Rights.
The prosecutor received the order yesterday and has a short deadline of three days to file an objection, which will be decided by Nenad Stefanović, the chief prosecutor of the Higher Public Prosecutor’s Office in Belgrade, as the hierarchically superior prosecutor to the one who issued the order.
Vladica Ilić told N1 that this is a direct consequence of the application of one of the so-called Mrdić laws, because before their adoption the objection would have been decided by a special commission of the High Judicial Council (VST).
“You are appealing to the boss of your boss, and you do not know whether he even issued the order. If we ignore the character and work of Nenad Stefanović, this objection mechanism has been weakened by the abolition of the VST commission,” Ilić explained.
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“Not applicable to officials suspected of abuse and torture”
He emphasized that the institute of opportunism has existed in Serbian legislation for a long time and can be applied to criminal offenses punishable by up to five years in prison, but that its application is not permitted for officials suspected of abuse and torture. He noted that this is prescribed by the European Convention on Human Rights, the Constitution of Serbia, and that the prosecution is fully aware of it.
Ilić also recalled that the Republic Public Prosecutor’s Office, headed by Zagorka Dolovac, previously issued a mandatory instruction requiring prosecutors to conduct effective investigations into criminal acts of abuse.
Vladica Ilić says there is concern that the case of Tanja Drobnjak could become a “template” for other investigations and proceedings against officials accused of abuse.
He also stated that there had been previous cases where payment of money to humanitarian causes allowed officials accused of abuse to avoid prosecution, but that this had not happened in cases related to student protests from last year.
Portal https://t.co/z0zJelDd2i došao je u posed uznemirujućeg snimka stravičnog policijskog postupanja prema studentkinji, prošle nedelje, tokom blokade ispred Pravnog fakulteta u Beogradu. pic.twitter.com/OLfrbEMpK1
— nova.rs (@novarsonline) July 8, 2025
Prosecutor filed indictment proposal, but it “disappeared” on the way to court
The Belgrade Center for Human Rights stated that the prosecutor handling the case submitted an indictment proposal against police officer Tanja Drobnjak a month ago, but that it never reached the court.
Vladica Ilić explains that opportunism can only be applied before the filing of an indictment act in a case.
According to unofficial information, the suspect police officer had an opportunity about ten years ago to avoid prosecution through the benefits of the opportunism institute, in a case related to traffic safety.
Ilić notes that prosecutorial practice suggests that someone who has once “gotten away” through opportunism should not be given the same chance again.
Regulations state that officials suspected of abuse should be suspended or dismissed from service if responsibility is proven.
Tanja Drobnjak did exactly the opposite of what the regulations require – she was promoted. She was not only not suspended, but in the meantime became deputy head of SAJ.
According to claims by Kreni-promeni, Drobnjak was deputy head of the Unit for Protection of Persons and Facilities (JZO) while it was headed by Marko Kričak. According to their allegations, Drobnjak led a group of police officers last summer who were recorded harassing a female student in front of the Faculty of Law in Belgrade.
The footage shows the police officer holding the student’s hands behind her back, while with her other hand she pulls her hair so that police officers could unlock her mobile phone using facial biometric data.
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Source: N1, Foto: Nova.rs