Attorney Vladimir Terzić has criticized the Belgrade Higher Public Prosecutor’s Office (VJT) over the arrest of his colleague Čedomir Stojković, arguing that prosecutors are confusing sharp political rhetoric with a criminal offense.
Speaking to Danas, Terzić commented on the official statement issued by the VJT, which explained the reasons for Stojković’s arrest and cited his social media posts, interpreted by prosecutors as calls for the violent overthrow of Serbia’s constitutional order.
According to Terzić, as a lawyer specializing in criminal law, the central issue in this case is the clear distinction between aggressive political language and conduct that the Criminal Code defines as incitement to violent constitutional change.
“This criminal offense exists only if it is proven that the suspect called on or encouraged citizens to violently overthrow the constitutional order or the highest state institutions, with a clear and specific intent to endanger the security or constitutional system of the Republic of Serbia,” Terzić said.
He emphasized that criticism of the authorities — even calls for their removal, protests, or political rebellion — does not constitute a criminal offense unless it is explicitly linked to violence as a means.
Political Rhetoric vs. Criminal Liability
Terzić noted that the prosecution does not base its suspicion on a single post, but rather on the continuity and cumulative effect of multiple public statements over a long period.
“The suspicion is built on repeated use of terms such as ‘barricades,’ ‘conflict,’ ‘there will be no peace,’ and ‘overthrow without elections.’ This could be problematic only if Mr. Stojković had not been using these expressions as political metaphors, which are protected under freedom of expression,” Terzić explained.
He stressed that in any potential court proceedings, the decisive factors will be the context, the manner of expression, the reach of the messages, and their actual capacity to incite violence, rather than their political harshness alone.
“If Stojković were to be indicted, the court would have to determine whether the line between permissible political speech and a criminally relevant call for violence was crossed,” Terzić said.
Terzić also underlined that detention and the filing of criminal charges do not represent proof of guilt, but are merely procedural steps, with the burden of proof resting entirely on the prosecution.
“Personally, I believe the prosecution will not succeed,” he concluded.
Background of the Case
Lawyer and politician Čedomir Stojković was arrested earlier today on suspicion of committing the criminal offense of calling for a violent change of the constitutional order.
Following the arrest, the Belgrade Higher Public Prosecutor’s Office stated that from 2022 until December this year, Stojković allegedly posted or shared statements, comments, and authored texts on social media that clearly indicated an intention to encourage a large number of citizens to take actions that could disrupt the functioning of Serbia’s state institutions, potentially leading to the overthrow of the highest state bodies and their representatives.
The prosecution listed all of Stojković’s posts and reposts since 2022, including a call addressed to students participating in blockades to attend a protest in Novi Pazar on December 13, which it considers part of the alleged pattern.
