CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XV - EXECUTION OF DECISIONS

Article 179 - Failure to Collect Fines

If a fine prescribed by this Code cannot be collected, the Court shall proceed by applying the Criminal Code of Bosnia and Herzegovina.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XV - EXECUTION OF DECISIONS

Article 180 - Execution of an Order Concerning the Costs of Proceedings and Forfeiture of Items

With respect to the costs of criminal proceedings, forfeiture of property gain and claims under property law, the verdict shall be executed by the Court under the provisions that apply to judicial enforcement procedure and that apply on the territory where the delivery of order is to be carried out.

Forcible collection of the costs of criminal proceedings credited to the budget of Bosnia and Herzegovina shall be done ex officio. The costs of forcible collection shall be credited first from the Court budgetary appropriations.

If the verdict pronounces the security measure of forfeiture of items, the Court shall decide whether it wishes those articles to be sold under the provisions applicable to judicial enforcement procedure, turned over to the criminology museum or some other institution, or destroyed. The proceeds obtained from sale of such articles shall be credited to the budget of Bosnia and Herzegovina.

The provision of Paragraph 3 of this Article shall also be applied accordingly when a decision is made to forfeit property on the basis of Article 391 of this Code.

Aside from the case of retrial of the criminal case, a final order to forfeit items may be amended in a civil action if a dispute arises as to the ownership of the items forfeited.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XV - EXECUTION OF DECISIONS

Article 183 - Validity of a Verdict on a Claim under Property Law

When a decision containing a verdict on a claim under property law becomes legally binding, at the request of injured party, a certified transcript of the decision shall be issued to him, with a note that the verdict is executable.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XVII - CLAIMS UNDER PROPERTY LAW

Article 193 - Subject of the Claim under Property Law

A claim under property law that has arisen because of the commission of a criminal offense shall be deliberated on the motion of authorized officials in criminal proceedings if this would not considerably prolong such proceedings.

A claim under property law may pertain to reimbursement of damage, recovery of items, or annulment of a particular legal transaction.

Article 194 - Petition to Satisfy a Claim under Property Law

The petition to satisfy a claim under property law in criminal proceedings may be filed by the person authorized to pursue that claim in a civil action.

If a criminal offense has caused damage to the property of the State of Bosnia and Herzegovina, the body empowered by law to protect such property may participate in criminal proceedings in accordance with its powers under that law.

Article 195 -Procedure for Satisfaction of a Claim under Property Law

A petition to pursue a claim under property law in criminal proceedings shall be filed with the Prosecutor or the Court.

The petition may be submitted no later than the end of the main trial or sentencing hearing before the Court.

The person authorized to submit the petition must state his claim specifically and must submit evidence.

If the authorized person has not filed the petition to pursue his claim under property law in criminal proceedings before the indictment is confirmed, he shall be informed that he may file that petition by the end of the main trial or sentencing hearing. If a criminal offense has caused damage to the property of the State of Bosnia and Herzegovina, and no petition has been filed, the Court shall so inform the body referred to in Article 194(2) of this Code.

If the authorized person does not file the claim under property law until the end of the main trial or if he requests a transfer to civil action, and the data concerning the criminal proceedings provide a reliable grounds for a complete or partial resolution of the claim under property law, the Court shall decide in the convicting verdict to pronounce on the accused the measure of forfeiture of property gain.

Article 196 - Petition Withdrawal

The authorized person may withdraw a petition to satisfy a claim under property law in criminal proceedings up to the end of the sentencing hearing and pursue it in a civil action. In the event that a petition has been withdrawn, that same plea may not be presented again unless otherwise provided under this Code.

If after the petition was filed and before the end of the sentencing hearing the claim under property law has passed under the rules of property law to another person, that person shall be summoned to declare whether or not he abides by the petition. If he does not appear when duly summoned, he shall be considered to have abandoned the petition.

Article 197 - Duties of the Prosecutor and the Court in Relation to the Establishment of Facts

The Prosecutor has a duty to gather evidence regarding claims under property law relevant to the criminal offence.

The Prosecutor or The Court shall question the suspect or the accused in relation to the facts relevant to the petition of the authorized person.

Article 198 - Ruling on the Claims under Property Law

(1) The Court shall decide on claims under property law. The Court may propose mediation to the injured party and the accused or the defence attorney in accordance with the law if it concludes that the claim under property law may be settled through mediation. A proposal for mediation can be initiated before the completion of the main trial by both the injured party and the accused or the defence attorney.

In a verdict pronouncing the accused guilty, the Court may award the injured party the entire claim under property law or may award him part of the claim under property law and refer him to a civil action for the remainder. If the data of criminal proceedings do not provide a reliable basis for either a complete or partial award, the Court shall instruct the injured party that he may take civil action to pursue his entire claim under property law.

If the Court renders a verdict acquitting the accused of the charge or dropping the charges or if it decides to discontinue criminal proceedings, it shall instruct the injured party that he may pursue his claim under property law in a civil action.

Article 199 - Decisions to Turn Over the Articles to the Injured Party

If a claim under property law pertains to recovery of articles, and the Court finds that the article does belong to the injured party and is in the possession of the accused or one of the participants in the main trial or in the possession of a person to whom those persons gave it for safekeeping, it shall order in the verdict that the article be turned over to the injured party.

Article 200 -Decisions to Annul Certain Legal Transactions

If a claim under property law pertains to annulment of a specific legal transaction, and the Court finds that the petition is well founded, it shall declare in its verdict complete or partial annulment of that legal transaction with the consequences that derive therefrom, without affecting the rights of third parties.

Article 201- Amending the Decision on a Claim under Property Law

(1) A Court may amend a final verdict that contains a decision on a claim under property law only in connection with a retrial of the criminal action.

(2) Notwithstanding cases referred to in Paragraph 1 of this Article, the convicted person or his heirs may seek to amend a criminal Court’s final verdict containing a decision on a claim under property law only in a civil action, as long as grounds exist for retrial under the provisions that apply to civil proceedings.

Article 202 - Temporary Security Measures

Temporary measures to secure a claim under property law that has accrued because of the commission of a criminal offense may be ordered in criminal proceedings according to the provisions that apply to judicial enforcement procedure.

The decision referred to in Paragraph 1 of this Article shall be made by the Court. Against this decision, an appeal is allowed, which shall be ruled on by the Panel referred to in Article 24(7) of this Code. The appeal shall not stay execution of the decision.

Article 203 - Return of Articles in the Course of the Proceedings

If a claim pertains to articles that unquestionably belong to the injured party, and they do not constitute evidence in criminal proceedings, those articles shall be given to the injured party even before proceedings are completed.

If the ownership of articles is disputed by several injured parties, they shall be referred to a civil action, and the Court in criminal proceedings shall order only the safekeeping of the items as a temporary security measure.

Items that serve as evidence shall be seized and at the end of the proceedings shall be returned to the owner. If such an item is urgently needed by the owner, it may be returned to him even before the end of the proceedings, under the provision that it be brought in on request.

Article 204 - Security Measures Against Third Parties

If an injured party has a claim against a third person because he possesses items obtained through a criminal offense or because he gained property as a result of a criminal offense, the Court in criminal proceedings, upon the petition of an authorized official (Article 194) (Article 194) and according to the provisions that apply to judicial enforcement procedure, may order temporary security measures even toward that third party. The provisions of Article 202 (2) of this Code shall apply in this case as well.

In a verdict pronouncing the accused guilty the Court shall either revoke the measures referred to in Paragraph 1 of this Article, if they have not already been revoked, or shall refer the injured party to a civil action, in which case those measures shall be revoked unless the civil action is instituted within the period of time fixed by the Court.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART THREE – SPECIAL PROCEDURES

CHAPTER XXVIII - PROCEDURE FOR APPLICATION OF SECURITY MEASURES, FORFEITURE OF PROPERTY GAIN AND REVOCATION OF SUSPENDED SENTENCE

Article 391 - Forfeiture of Items

(1) The items that need to be forfeited under the Criminal Code of Bosnia and Herzegovina shall be forfeited also when the criminal proceedings were not completed by a verdict finding the accused guilty, if so required by the interests of general security and ethics, on which A separate decision shall be issued.

The decision referred to in Paragraph 1 of this Article shall be issued by the judge or Panel at the moment when the proceedings are completed or dismissed.

The decision on the forfeiture of items referred to in Paragraph 1 of this Article shall be issued by the judge or Panel if the verdict finding the accused guilty does not include such a decision.

A certified copy of the decision on forfeiture of items shall be delivered to the owner of the items concerned if the owner is known.

The owner of the items may appeal the decision referred to in Paragraphs 1, 2 and 3 of this Article on the ground of the lack of a legal basis for forfeiture of items.

Article 392 - Forfeiture of Property Gain Obtained by Commission of Criminal Offense

The property gain obtained by commission of a criminal offense shall be established in a criminal procedure ex officio.

The Prosecutor shall be obligated to collect evidence during the procedure and examine the circumstances that are important for the establishment of the property gain obtained by commission of a criminal offense.

If the injured party submitted a claim under property law for repossession of items obtained through a criminal offense, or the amount that is equivalent to the value of such items, the property gain shall be established only in the part that is not included in the claim under property law.

Article 393 - Procedure for Forfeiture of Property Gain Obtained by Commission of Criminal Offense

When the forfeiture of property gain obtained through a criminal offense is a possibility, the person to whom the property gain is transferred and the representative of the legal person shall be summoned to the main trail for hearing. They shall be warned in the subpoena that the procedure shall be conducted without their presence.

A representative of the legal person shall be heard at the main trial after the accused. The same procedure shall apply to the person to whom the property gain was transferred if that person is not summoned as a witness.

The person to whom the property gain is transferred as well as the representative of legal person shall be authorised to propose evidence in relation to the establishment of property gain and to question the accused, witnesses and expert witnesses upon approval by the judge or the presiding judge.

The exclusion of the public at the main trial shall not refer to the person to whom the property gain is transferred and the representative of the legal person.

If during the main trial the Court establishes that the forfeiture of property gain is a possibility, the Court shall adjourn the main trial and shall summon the person to whom the property gain was transferred, and a representative of the legal person.

Article 394 - Establishment of Property Gain Obtained by Commission of Criminal Offense

The Court shall establish the value of property gain by a free estimate if the establishment would be linked to disproportional difficulties or a significant delay of the procedure.

Article 395 - Temporary Security Measures

When the forfeiture of property gain obtained by commission of criminal offense is a possibility, the Court shall ex officio and under the provisions applicable to the judicial enforcement procedure define temporary security measures. In that case, the provisions of Article 202 of this Code shall apply.

Article 396 - The Contents of the Decision That Pronounces a Measure of Forfeiture of Property Gain

The forfeiture of property gain obtained by commission of criminal offense may be pronounced by Court in a verdict by which the accused is declared guilty, in a ruling on application of a correctional measure and in a proceeding referrer to in Article 389 of this Code.

In the operative part of the verdict or decision, the Court shall indicate what item or amount of money is to be forfeited.

A certified copy of the verdict or the ruling shall also be delivered to the person to whom the property gain is transferred and to the representative of the legal person, if the Court pronounced the forfeiture of property gain from that person.

Article 397 - Request for a Renewed Procedure With Respect to the Measure of Forfeiture of Property Gain

The person referred to in Article 393 of this Code may file a request for a renewed criminal proceeding related to the decision on forfeiture of property gain obtained by commission of criminal offense.

Article 398 - The Appropriate Application of the Provisions Regarding an Appeal

The provisions of Articles 294(2) and (3) and Articles 302 and 317 of this Code shall be applied appropriately in reference to the appeal against the decision on forfeiture of property gain.

Article 399 - The Appropriate Application of Other Provisions of the Law

If the provisions of this Chapter do not stipulate otherwise, the procedure for application of security measures or forfeiture of property gain obtained by commission of criminal offense, other relevant provisions of this Code shall be applied appropriately.

Article 400 - Procedure to Revoke Suspended Sentence

When a suspended conviction provides that a sentence will be executed if a convicted persons fails to return property gain obtained by commission of criminal offense, to compensate a damage or to meet other obligations, and the convicted person has failed to do so, the Court shall conduct proceedings to revoke the suspended sentence at the proposal of the Prosecutor or ex officio.

The Court shall be obligated to schedule a hearing in order to establish facts, to which it shall summon the Prosecutor, convicted person and injured party.

If the Court establishes that the convicted person failed to meet the obligations ordered in the verdict, it shall issue a verdict revoking the suspended sentence and order the execution of the sentence, or extend the deadline for compliance with the obligation, or replace the obligation with another corresponding obligation, or relieve the convicted person of complying with the obligation. If the Court finds that there are no grounds to take any of the decisions, it shall issue a procedural decision revoking the suspended sentence.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.