CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER X - MEASURES TO GUARANTEE THE PRESENCE OF A SUSPECT OR ACCUSED AND SUCCESSFUL CONDUCT OF CRIMINAL PROCEEDINGS

Section 5 - BAIL

Article 127 - Conditions for Posting Bail

An accused who is to be placed in custody or has already been placed in custody only for a flight risk may be allowed to remain at liberty or may be released if he personally or someone else on his behalf furnishes a surety that he will not flee before the end of the criminal proceedings and the accused himself pledges that he will not conceal himself and will not leave his residence without permission.

Article 128 - The Contents of Bail

(1) Bail shall always be expressed as an amount of money that is set on the basis of the seriousness of the criminal offense, the personal and family circumstances of the accused, and the property situation of the person posting bail.

(2) Bail consists of depositing money, securities, valuables or other personal property of a large value that is easily marketable and easily maintained, or of placing a mortgage for the amount of bail on real estate of the person posting bail, or of a personal pledge of one or more individuals that they will pay the amount of bail that has been set should the accused flee.

(3) A person posting a bail shall submit evidence on his economic state, origin of the property and ownership of the property or possession of the property posted as bail.

(4) If the accused flees, a decision shall be issued ordering that the amount posted as bail shall be credited to the Budget of Bosnia and Herzegovina.

Article 129 - Cancellation of Bail

(1) Notwithstanding the bail posted, the accused shall be placed in custody if without justification he fails to appear when duly summoned, if he is preparing to flee or if there occurs another legal ground for his custody after he has been released.

(2) In a case referred to in Paragraph 1 of this Article, the bail bond shall be cancelled. The money, valuables, securities or other personal property deposited shall be returned, and the mortgage shall be removed. The same procedure shall be followed when the criminal proceedings terminate with a legally binding decision to dismiss proceedings or with a verdict.

(3) If a prison sentence is pronounced in the verdict, the bail bond shall be cancelled only when the convicted person begins to serve the sentence.

Article 130 - Decision on Bail

In the course of an investigation, a decision on bail and the cancellation of the bail shall be issued by the preliminary proceedings judge and after the issuance of an indictment – by a preliminary hearing judge and after the case has been submitted to the judge or the Panel for the purpose of scheduling the main trial – by that judge or the presiding judge. A decision setting the bail and a decision cancelling the bail shall be taken following the hearing of the Prosecutor.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.