In the era of digitization, technological progress extends to the domain of judicial affairs, specifically the communication between parties and the relevant courts. Although there is official regulation allowing for the electronic submission of documents to courts, most parties still prefer the traditional, i.e., paper form, resulting in a limited practice of electronic communication in this sphere.
In this regard, in November 2023, the Constitutional Court of the Republic of Serbia passed a decision regarding the submission of complaints via email, stating the following conditions for such submission to be considered valid:
- the complaint must be equipped with an appropriate electronic signature; and
- the complaint must be sent to the email address designated by the court for receiving electronic submissions.
Case background
This decision was made in a constitutional complaint procedure in which the applicant claimed that their right to expedited review of the legality of deprivation of liberty had been violated. Specifically, the applicant, through their attorney, filed a complaint against the decision to detain them in a criminal proceeding, submitting the complaint both by registered mail and by email. In the constitutional complaint, the applicant argued that the decision on the appeal was made after the legally prescribed deadline, thereby violating the aforementioned right.
However, after considering all relevant circumstances of the case, the Constitutional Court determined that the complaint had been decided within the legally prescribed deadline, which commenced upon receipt of the written copy of the complaint (sent via registered mail), as the complaint submitted electronically was not in accordance with the provisions of Article 157a of the Rules of Court Business, namely:
- it was sent to the court's administration email address rather than the email address designated for receiving electronic submissions, and
- it was not signed with the qualified electronic signature of the applicant.
Legal framework
According to the provisions of the aforementioned Article 157a of the Rules of Court Business:
- Electronic documents in the form of an original electronic document equipped with an appropriate electronic signature and integrated with a timestamp can be received by the court using electronic document reception programs, in accordance with special regulations, after verifying the electronic signature and timestamp using appropriate technical means.
- Electronic documents are submitted to the court via email to the designated email address for receiving electronic submissions or by other electronic means, in accordance with the law.
- If the law requires an act to be signed by a specific person, this requirement is considered fulfilled for an act in the form of an electronic document if the full name of the relevant person is stated at the end of the electronic document and the electronic document is signed with the qualified electronic signature of that person.
In relation to this:
- The Law on General Administrative Procedure stipulates that communication between parties and authorities in written form includes electronic communication and paper form. The provisions of this law further specify that if an electronic document sent to an authority is illegible, the authority will request the party to submit that document in another suitable form within a specified period, and if the party fails to do so within the given period, the document will be considered as not submitted.
- The Law on Civil Procedure provides that submissions sent to the court via telegram and email also fulfill the written form requirement, in accordance with special regulations. Delivery by electronic means is considered completed if it allows for a return receipt indicating that the document has been received.
- The Criminal Procedure Code stipulates that a submission that, according to this Code, must be drafted and signed in writing may also be submitted in the form of an electronic document equipped with the electronic signature of the submitter (known as an electronic submission). The procedural authority that receives an electronic submission confirms its receipt electronically without delay, and if this confirmation is missing, the electronic submission is considered not sent.
Conclusion
Therefore, while there is a legal possibility for electronic document delivery in legal proceedings, which can expedite processes and facilitate the work of authorities, it is crucial to strictly adhere to the prescribed requirements and conditions regarding the content and method of document delivery, especially in situations where there is a lack of experience or practice in using this option.