CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XVI - COSTS OF CRIMINAL PROCEEDINGS

Article 185 - Types of Costs

(1) The costs of criminal proceedings are the expenses incurred in connection with criminal proceedings from the time they are instituted until they are completed.

(2) The costs of criminal proceedings include the following:
a) costs for witnesses, expert witnesses, interpreters and specialists and the cost of a crime scene investigation;
b) the cost of transporting the accused, or the suspect;
c) the expenses of requiring the suspect or the accused or person in custody to appear;
d) the transportation and travelling expenses of officials;
e) expenses of medical treatment of the suspect or the accused while in pretrial custody, including the expenses of childbirth, except for the expenses covered from the health insurance fund;
f) costs of technical examination of vehicle, blood sample analysis and transportation of corpse to the place of autopsy;
g) a scheduled amount;
h) remuneration and necessary expenses of defense attorney;
i) necessary expenses of the injured party and his legal representative.

(3) The scheduled amount shall be fixed within the limits of amounts specified by the appropriate regulation based on the duration and complexity of the proceedings and the financial condition of the person required to pay the amount.

(4) The expenses enumerated under SubparagraphsItems a) through f) of Paragraph 2 of this Article and the necessary expenses of an appointed defense attorney shall be paid in advance from the funds of the Prosecutor’s Office or the Court, and they shall be collected later from the individuals who are required to make compensation under the provisions of this Code. The body conducting the criminal proceedings must list all expenses that have been paid in advance, which shall be appended to the record.

(3) Upon request of the defense attorney, remuneration for appointed defense attorney may be paid during the course of the proceedings at regular intervals to be determined by the Court, taking into consideration the facts and circumstances of each case. In exceptional circumstances, the Court may also order an advance payment to be made prior to expenses being incurred.

(5) Costs of interpretation into the languages of the parties, witness and other participants in the criminal proceedings that are incurred in enforcing the provisions of this Code shall not be collected from individuals who under the provisions of this Code are required to compensate the costs of criminal proceedings.

Article 186 - Decision Concerning the Costs

(1) In every verdict or decision halting criminal proceedings a decision shall be made as to who will cover the costs of the proceedings and as to the amount of these costs.

(2) If data on the amount of costs are lacking, a special decision on the amount of costs shall be made by the Court when such data are obtained. The request with the data on the amount of costs may be submitted not later than six (6) months after the day that a legally binding verdict or decision halting criminal proceedings is delivered to the person who is entitled to make such a request.

(3) When the decision on costs of criminal proceedings are contained in a separate decision, an appeal against that decision shall be ruled on by a Panel of judges of the Appellate Division.

Article 187 - Other Costs

(1) The suspect or accused, defense attorney, legal representative, witness, expert witness, interpreter and specialist, regardless of the results of the criminal proceedings, shall pay the costs of appearance or postponement of the investigative proceeding or main trial and other costs or proceedings incurred through their own fault and the corresponding share of the scheduled amount.

(2) A separate decision shall be rendered concerning the costs referred to in Paragraph 1 of this Article, unless the matter of costs to be paid by the accused is settled in the decision on the main issue.

Article 188 - Costs of Proceedings when the Accused is Found Guilty

(1) When the Court finds the accused guilty, it shall declare in the verdict that the accused must reimburse the costs of criminal proceedings.

(2) A person who has been charged with several criminal offenses shall not be ordered to reimburse costs related to criminal offenses of which he has been acquitted if those costs can be determined separately from the total costs.

(3) In a verdict finding several defendants guilty, the Court shall specify what portion of the costs shall be paid by each of them; but if this is not possible, it shall order that all the defendants be jointly and severally liable for the costs. Payment of the scheduled amount shall be specified for each accused separately.

(4) In the decision which settles the issue of costs the Court may relieve the accused of the duty to reimburse all or part of the costs of criminal proceedings as referred to in Article 185(2) subparagraphs, Paragraph 2, Items a) through h), of this Code if their payment would jeopardize the support of the accused or of persons whom the accused is required to support economically. If these circumstances are ascertained after the decision on costs has been rendered, the judge may issue a separate decision relieving the accused of the duty to reimburse the costs of criminal proceedings.

Article 189 - Costs of Proceedings in Case the Proceedings are discontinued or a Verdict is Rendered Acquitting the Accused or Rejecting the Charges

(1) When criminal proceedings are dismissed or when a verdict is rendered that acquits the accused or rejects the charge, the decision or verdict shall pronounce that the costs of criminal proceedings referred to in Article 185(2) subparagraphs, Paragraph 2, Items a) through f) of this Code and the necessary expenditures of the accused and the necessary expenditures and remuneration of defense attorney shall be paid from budget appropriations, except in the cases specified in the Paragraph 2 of this Article.

(2) A person who deliberately files a false charge shall pay the costs of criminal proceedings.

(3) When the Court rejects the charge because it is not competent, the decision on costs shall be made by the competent Court.

(4) If the request for compensation of necessary costs and remuneration referred to in Paragraph 1 of this Article is not approved or the Court fails to decide the request within three (3) months following the day of filing the request, the accused and defense attorney shall be entitled to settle their claims against the state of Bosnia and Herzegovina through the civil proceedings.

Article 190 - Remuneration and Necessary Expenses of the Defense Attorney

The remuneration and necessary expenses of the defense attorney must be paid by the person represented regardless of who is ordered to pay the costs of criminal proceedings in the decision of the Court, unless under the provisions of this Code the remuneration and necessary expenses of the defense attorney are to be paid from the Court budget appropriations. If an attorney was appointed to defend the suspect or the accused, and payment of remuneration and necessary expenses would jeopardize the support of the accused or the maintenance of persons whom the accused is required to support, the remuneration and necessary expenses of defense attorney shall be paid from the Court budget appropriations.

Article 191 - Costs of the Appellate Proceedings

It shall be decided in accordance with the provisions of the Articles 185 through 190 of this Code on obligation to pay the costs of the appellate proceedings.

Article 192 -Separate Regulations Concerning the Coverage of Costs

More detailed regulations concerning reimbursement of the costs of criminal proceedings and the scheduled amount shall be issued by the Council of Ministers of Bosnia and Herzegovina.

Article 100
Costs
1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:
(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;
(b) Costs of translation, interpretation and transcription;
(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
(d) Costs of any expert opinion or report requested by the Court;
(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
(f) Following consultations, any extraordinary costs that may result from the execution of a request.
2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.