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The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 9 - Sending and Delivery of Documents

The Court and other bodies participating in the proceedings shall issue summonses, decisions and other documents in the official languages referred to in Article 8(1) of this Code.

Submissions shall be filed in the official languages referred to Article 8(1) with the Court and other bodies participating in the proceedings.

The person who is deprived of liberty or in custody, serving sentence or committed to mandatory psychiatric treatment or to mandatory rehabilitation for an addiction, shall also be delivered a translation of the documents referred to in Paragraphs 1 and 2 of this Article in their native language or a language they understand.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 15 - Free Evaluation of Evidence

The right of the Court, Prosecutor and other bodies participating in the criminal proceedings to evaluate the existence or non-existence of facts shall not be related or limited to special formal evidentiary rules.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 1 - SEARCH OF DWELLINGS OR OTHER PREMISES AND PERSONS

Article 51 -Search of dwellings, other premises and movable property

A search of dwellings and other premises of the suspect, accused or other persons, as well as their movable property outside the dwelling may be conducted only when there are sufficient grounds for suspicion that the perpetrator, the accessory, traces of a criminal offense or objects relevant to the criminal proceedings might be found there.

(1) Search of movable property pursuant to Paragraph (1) of this article shall include a search of computer systems, devices for automated and electronic data storage and mobile phones. Persons using such devices shall allow access to them, hand over any media with saved data, and provide the necessary information for the use of such devices. A person who refuses to do so may be punished under Article 65 (5) of this Code.

Searches of computers and similar devices described in Paragraph (2) of this Article may be conducted with the assistance of a competent professional.

Article 52 - Search of Persons

The search of a person shall be permitted if it is likely that the person has committed a criminal offense or that through a search some objects or traces relevant to the criminal proceedings may be found.
Search of a person shall be conducted by a person of the same sex.

Article 53 - A Search Warrant

The Court may issue a search warrant under the conditions provided by this Code.

A search warrant may be issued by the Court on the request of the Prosecutor or on the request of authorized officials who have been approved by the Prosecutor.

Article 54 - A Form of the Request for the Search Warrant

A request for the issuance of a search warrant may be submitted in writing or orally. If the request is submitted in writing, it must be drafted, signed and certified in the manner as defined in Article 55(1) of this Code. The request for the issuance of a search warrant may be submitted in accordance with Article 56 of this Code.

Article 55 - Contents of the Request for a Search Warrant

(1) The request for a search warrant must contain:

the name of the Court and the name and title of the applicant;

facts indicating the likelihood that the persons, or traces and objects referred to in Article 51(1) of this Code shall be found at the designated or described place, or with a certain person ;

a request that the Court issue a search warrant in order to find the person in question or to forfeit the object.

(2) The request may also suggest that:

the search warrant be made executable at any time of the day or night, because there is grounded suspicion that the search cannot be executed between the hours of 6:00 A.M. and 9:00 P.M., the property sought will be removed or destroyed if not seized immediately, or the person sought is likely to flee or commit another criminal offense or may endanger the safety of the executing authorized official or another person, if the warrant is not executed immediately or between the hours of 9:00 P.M. and 6:00 A.M.;

the executing authorized official execute the warrant without prior presentation of the warrant, when there is grounded suspicion to believe that the property sought may be easily and quickly destroyed if not seized immediately, the presentation of such warrant may endanger the safety of the executing authorized official or another person or the person sought is likely to commit another criminal offense or may endanger the safety of the executing authorized official or another person.

Article 56
Oral Request for a Search Warrant
An oral request for a search warrant may be filed when there is a risk of delay. An oral request for a search warrant may be communicated to a Court also by telephone, radio or other means of electronic communication.

If an oral request for a search warrant has been filed, the Court shall record the further course of communication. If an audio recording device is used or a stenographic record made, the record shall be sent within 24 hours to be transcribed, its authenticity shall be certified and it shall be kept along with the original record.

Article 57 - The Issuance of a Search Warrant

If the preliminary proceedings judge determines that the request for a search warrant is justified, he shall grant the request and issue a search warrant.

When the preliminary proceedings judge decides to issue a search warrant based upon an oral request, the applicant shall draft the warrant in accordance with Article 58 of this Code, and shall read it, verbatim, to the preliminary proceeding judge.

Article 58 -Contents of a Search Warrant

A search warrant must contain:

name of the issuing Court and, except where the search warrant has been obtained through an oral request, the signature of the preliminary proceedings judge who is issuing the warrant;

where the search warrant has been obtained through an oral request, it shall so indicate and it shall state the name of the issuing preliminary proceedings judge and the time, date and place of issuance;

name, department or rank of the authorized official to whom it is addressed;

purpose of the search;

description of the person being sought or description of the property that is the subject of the search
designation or description of the dwelling or other premises or person to be searched, by indicating the address, ownership, name or any similar data required for positive identification;

direction that the warrant be executed between hours of 6:00 A.M. and 9:00 P.M., or, where the Court has specifically so determined, an authorization for execution thereof at any time of the day;

an authorization, where the Court has specifically determined, for the executing authorized official to enter the premises to be searched without giving prior notice;

a direction that the warrant and any property seized pursuant thereto be delivered to the Court without delay;

an instruction that the suspect is entitled to notify the defense attorney and that the search may be executed without the presence of the defense attorney if required by the extraordinary circumstances.

Article 59 - Time of the Execution of a Search Warrant

A search warrant must be executed not later than 15 days from the day of its issuance and it must thereafter be returned to the Court without delay.

A search warrant may be executed on any day of the week. It may be executed only between the hours of 6:00 A.M. and 9:00 P.M., unless the warrant expressly authorizes execution thereof at any time of the day or night, as provided in Article 55(2) this Code.

Article 60 - Procedure of the Execution of a Search Warrant

Prior to the commencement of a search an authorized official must give notice of his authority and of the purpose of his arrival and show the warrant to the person whose property is to be searched or who himself is to be searched. If the authorized official is not thereafter admitted, he may resort to use of force in accordance with the law.

In executing a search warrant that directs a search of a dwelling or other premises, an authorized official need not give notice to anyone of his authority and purpose, but may promptly enter the dwelling or other premises if at the time they are unoccupied or reasonably believed by the authorized official to be unoccupied and if the search warrant specifically authorizes entry without notice.

The occupant of the dwelling or other premises shall be called to be present at the search, and if he is absent, his representative or an adult member of the household or a neighbor shall be called to be present. If the occupant of the dwelling or other premises is not present, the search warrant shall be left in the premise subject to search, and the search shall be conducted without the presence of the occupant.

A search of the dwelling or other premises or of the person shall be witnessed by two adult citizens. Witnesses of the same gender shall be present at the search of the person. Witnesses shall be instructed to pay attention as to how the search is conducted, and that they have the right to make comments before signing the record on the search if they believe that the content of the record is not truthful.

In conducting a search of official premises, the manager or person in charge shall be called in to be present at the search.

If a search is to be conducted in a military facility, a written search warrant shall be delivered to the military authority who shall assign at least one military person to be present at the search.

Article 61 - Duties and authority of an Authorized Official

In executing a search warrant directing or authorizing the search of a person, an authorized official must give notice of his authority and purpose to the person and must produce the warrant or a copy thereof at person’s request. The authorized official may use physical force in accordance with the law.

Article 62 - Recording the Search

A record shall be made regarding every search of dwellings or other premises or person, which shall be signed by the person whose dwellings or other premises or who is being searched, and the persons whose presence is mandatory. In executing a search, only those objects and documents shall be seized that relate to the purpose of the search in that individual case. The record shall include and clearly identify the objects and documents that are the subject of seizure, which shall be indicated in a receipt immediately to be given to the person from whom the objects or documents are being seized.

If, during a search of dwellings or other premises or a person, objects are found that are unrelated to the criminal offense for which the search warrant was issued, but indicate another criminal offense, they shall be described in the record and temporarily seized and a receipt on the seizure shall be issued immediately. The Prosecutor shall be notified thereof. Those objects shall be returned immediately if the Prosecutor establishes that there are no grounds for initiating criminal proceedings, and there is no other legal ground for seizing the objects.

The objects used in the search of the computer and similar electronic devices for automated data processing shall be returned to their users after the search, unless they are required for the further conduct of the criminal proceedings. Personal data obtained by the search may be used only for the purpose of the criminal proceedings and shall be deleted immediately after the purpose is fulfilled.

Article 63 - Seizure of Objects under a Search Warrant

Upon temporary seizure of objects pursuant to a search warrant, an authorized official must draft and sign a receipt indicating the objects seized and the name of the issuing Court.

If an object has been temporarily seized from a person, the receipt referred to in Paragraph 1 of this Article must be given to that person. If an object has been seized from a dwelling or other premises, such receipt must be given to the owner, tenant or user, as applicable.

Upon seizing objects pursuant to a search warrant, an authorized official must, without any delay delay, return to the Court the warrant and the property, and must file therewith a written inventory of the seized objects.

Upon receiving objects seized pursuant to a search warrant, the Court shall either: retain it in the custody of the Court pending further disposition; or direct that it be held in the custody of the applicant for the warrant or of the authorized official who executed it.

Article 64 - Search without a Warrant or Witnesses

(1) An authorized official may enter a dwelling or other premises without a warrant and without a witness and if necessary conduct a search if the tenant so desires, if someone calls for their help, if this is required to apprehend a suspect of a criminal offense who has been caught in the act, or for the sake of the safety of a person or property, if the person who is to be apprehended by the Court order is in the dwelling or other premises or if the person is hiding in the dwelling or in other premises.

(2) An authorized official may search a person without a search warrant and without witnesses:
when executing an apprehension warrant;

when arresting the person;

when there is suspicion that the person possesses a firearm or knife;

when there is suspicion that he will conceal or destroy articles that are to be taken from him and used as evidence in criminal proceedings.

(3) After an authorized official conducts a search without a search warrant or without the presence of witnesses, he must immediately submit a report to the Prosecutor who shall inform the preliminary proceedings judge. The report shall state the reasons why the search was completed without a warrant or witnesses.

Section 2 - SEIZURE OF OBJECTS AND PROPERTY

Article 65 - Order for Seizure of Objects

Objects that are the subject of seizure pursuant to the Criminal Code or that may be used as evidence in the criminal proceedings shall be seized temporarily and their custody shall be secured pursuant to a Court decision.

The seizure warrant shall be issued by the Court on the motion of the Prosecutor or on the motion of authorized officials who have been approved by the Prosecutor.

The seizure warrant shall contain the name of the Court, legal grounds for undertaking the action of seizure of objects, indication of the objects that are the subject of seizure, the name of the person from whom objects are to be seized, and the timeframe within which the objects are to be seized.

The authorized official shall seize objects on the basis of the issued warrant.

Anyone in possession of such objects must turn them over at the order of the Court. A person who refuses to surrender articles may be fined in an amount up to 50.000 KM, and may be imprisoned if he persists in his refusal. Imprisonment shall last until the article is surrendered or until the end of criminal proceedings, but no longer than 90 days. An official or responsible person in a state body or a legal entity shall be dealt with in the same manner.

The provisions of Paragraph 5 of this Article shall also apply to the data stored in devices for automated or electronic data processing. In obtaining such data, special care shall be taken with respect to regulations governing the maintenance of confidentiality of certain data.

An appeal against a decision on fine or on imprisonment shall be decided by the Panel. An appeal against the decision on imprisonment shall not stay execution of the decision.

When articles are seized, a note shall be made of the place where they were found, and they shall be described, and if necessary, establishment of their identity shall also be provided for in some other manner. A receipt shall be issued for articles seized.

measures referred to in Paragraph 5 and 6 of this article may not be applied to the suspect, or the accused or to persons who are exempt from the duty to testify.

Article 66 - Seizure without the Seizure Warrant

If there is a risk of delay, items referred to in Article 65(1) of this Code may be seized even without the Court order. If the person affected by the search explicitly opposes the seizure of items, the Prosecutor shall, within 72 hours following the completion of the search, put forward to a preliminary proceedings judge a motion for a subsequent approval of the seizure of items.

If the preliminary proceedings judge denies the Prosecutor’s motion, the items seized may not be used as evidence in the criminal proceedings. The seized items shall be immediately returned to the person from whom they have been seized.

Article 67 - Seizure of Letters, Telegrams and other Mailed Objects

Seizure may be performed with respect to the letters and telegrams and other mailed objects that are addressed to or sent by the suspect or the accused and that are found with a company or persons
engaged in postal and telecommunication activities.

The seizure may also be performed with respect to the mailed objects referred to in Paragraph 1 of this Article when it can reasonably be expected that they will serve as evidence in the proceedings.
A seizure warrant for the temporary seizure of the mailed objects referred to in Paragraph 1 of this Article shall be issued by the Court on the motion of the Prosecutor.

A warrant for the temporary seizure of mailed objects may also be issued by the Prosecutor, should a delay pose a risk. the preliminary proceedings judge shall decide on its confirmation within 72 hours following the seizure.

If the warrant fails to be confirmed pursuant to the provision of the Paragraph 4 of this Article, the mailed objects may not be used as evidence in the proceedings.

The measures undertaken as provided under this Article shall not apply to the mail exchanged between the suspect or the accused and his or her defense attorney.

A seizure warrant referred to in Paragraph 3 of this Article shall include: information on the suspect or the accused whom the warrant concerns, the manner of execution of the warrant and the duration of the measure, and the company that will execute the measure imposed. The measures taken may not last longer than three (3) months, but for an important reason, the preliminary proceedings judge may extend the measures for three (3) additional months. The measures taken shall, however, be
terminated as soon as the reasons for taking them cease to exist.

If the interests of the proceedings permit, the suspect or the accused who is the subject of the measures referred to in Paragraph 1 shall be informed of those measures taken.

Mail delivered shall be opened by the Prosecutor in the presence of two witnesses. In opening the mail, care shall be taken not to break the seal and the packaging and the address shall be kept. A record shall be made regarding the opening.

The content of a part of the mail or the mail, as applicable, shall be communicated to the suspect or the accused or the recipient, and a part of the mail or the mail shall be handed over to that person, unless the Prosecutor, exceptionally, considers the transfer to be detrimental to the success of the criminal proceedings. If the suspect or the accused is absent, his family members shall be notified of the mail delivery. If the suspect or the accused does not request the delivery of the mail thereafter, the mail shall be returned to the sender.

Article 68 - A Written Inventory of the Seized Objects

After the seizure of objects and documentation, an inventory list of the temporarily seized objects and documents shall be made and a receipt concerning the objects and documents seized shall be written.

If making an inventory list of objects and documentation is impossible, the objects and documentation shall be wrapped and sealed.

Objects seized from a physical person or legal person may not be sold, given as a gift or otherwise transferred.

Article 69 - Right to Appeal

The person from whom objects or documentation are seized shall have the right to appeal.

The filing of an appeal referred to in Paragraph 1 of this Article shall not stay the temporary seizure of objects.

The Prosecutor has a right to appeal the decision of the Court by which the seized objects or documents are to be returned.

Article 70 - Safekeeping of the Seized Objects and Documentation

The seized objects and documentation shall be deposited with the Court, or the Court shall otherwise provide for their safekeeping.

Article 71 - Opening and Inspection of the Seized Objects and Documents

The opening and inspection of the seized objects or documentation shall be done by the Prosecutor.

The Prosecutor shall be bound to notify the person or the business enterprise from which the objects were seized, the preliminary proceedings judge and the defense attorney about the opening of the seized objects or documentation.

When opening and inspecting the seized objects and documents, attention shall be paid that no unauthorized person gets the insight into their contents.

Article 72 - Order Issued to a Bank or to Another Legal Person

If there are grounds for suspicion that a person has committed a criminal offense related to acquisition of material gain, the Court may at the motion of the Prosecutor issue an order to a bank or another legal person performing financial operations to turn over information concerning the bank accounts of the suspect or of persons who are reasonably believed to be involved in the financial transactions or affairs of the suspect, if such information could be used as evidence in the criminal proceedings.

The Court may, on the motion of the Prosecutor, order that other necessary measures referred to in Article 116 of this Code be taken in order to enable the detection and finding of the illicitly gained property and collection of evidence thereupon.

In case of an emergency, any of the measures referred to in Paragraph 1 may be ordered by the Prosecutor on the basis of an order. The Prosecutor shall seal the obtained information until the issuance of the court warrant. The Prosecutor shall immediately inform the preliminary proceedings judge on the measures undertaken, who may issue a court warrant within 72 hours. In case the preliminary proceedings judge does not issue the warrant, the Prosecutor shall return such information without accessing it.

The Court may issue a decision ordering a legal or physical person to temporarily suspend a financial transaction that is suspected to be a criminal offense or intended for the commission of the criminal offense, or suspected to serve as a disguise for a criminal offense or disguise of a gain obtained by a criminal offense.

The decision referred to in the previous Paragraph shall order that the financial resources designated for the transaction referred to in Paragraph 4 of this Article and cash amounts of domestic or foreign currency be temporarily seized pursuant to Article 65(1) of this Code and be deposited in a special account and kept until the end of the proceedings or until the conditions for their return are met.

An appeal may be filed against a decision referred to in Paragraph 4 of this Article by the Prosecutor, the owner of the cash in domestic or foreign currency, the suspect, the accused and the legal or physical person referred to in Paragraphs 4 and 5 of this Article.

Article 72a - Order to the telecommunications operator

(1) If there are grounds for suspicion that a person has committed a criminal offence, on the basis of motion of the Prosecutor or officials authorized by the Prosecutor, the Court may issue an order to a telecommunications operator or another legal person performing telecommunications services to deliver information concerning the use of telecommunications services by that person, if such information could be used as evidence in the criminal proceedings or in collecting information that could be useful to the criminal proceedings.

(2) In case of emergency, the Prosecutor may order the measures under Paragraph (1) of this Article, in which case the information received shall be sealed until the issuance of the court order. The Prosecutor shall immediately inform the preliminary proceedings judge, who may issue an order within 72 hours. In case the preliminary proceedings judge does not issue the order, the Prosecutor shall return such information unsealed.

(3) Measures under Paragraph (1) of this Article may also be ordered against a person if there are grounds for suspicion that he will deliver to the perpetrator or will receive from the perpetrator information related to the offence, or grounds for suspicion that the perpetrator uses a telecommunication device belonging to this person.

(4) Telecommunications operators or other legal persons who provide telecommunications services shall enable the Prosecutor and police authorities to enforce the measures referred to in Paragraph (1) of this Article.

Article 73 - Temporary Seizure of Property and Arrest in Property

At any time during the proceedings, the Court may, upon the motion of the Prosecutor, issue a temporary measure of property seizure under the Criminal Code of Bosnia and Herzegovina, arrest in property or shall take other necessary temporary measures to prevent any use, transfer or disposal of such property.

If there is a risk of delay, an authorized official may temporarily seize property referred to in Paragraph 1 of this Article, may carry out an arrest in property or take other necessary temporary measures to prevent any use, transfer or disposal of such property. An authorized official shall immediately inform the Prosecutor about the measures taken, while the preliminary proceedings judge shall decide about the measures within 72 hours following the undertaking of the measures.

If the Court denies approval, the measures taken shall be terminated and the objects or property seized returned immediately to the person from whom they have been seized.

Article 74 - Return of the Seized Property

Objects that have been seized during the criminal proceedings shall be returned to the owner or possessor once it becomes evident during the proceedings that their retention runs contrary to Article 65 of this Code and that there are no reasons for their seizure (Article 391).

Section 3 - PROCEDURE OF DEALING WITH SUSPICIOUS OBJECTS

Article 75 - Posted and Published Description of the Suspicious Objects

If another person’s object is found with the suspect or the accused and it is not known to whom it belongs, the authorized body conducting the proceedings shall describe the object and post the description on the notice board of the municipality of the residence of the suspect or the accused and the municipality where the criminal offense has been committed. The notice shall invite the owner to come forward within one (1) year from the date of the posting; otherwise, the object will be sold. The proceeds from the sale shall be credited to the Bosnia and Herzegovina Budget.

If the object is of high value, a description may also be published in a daily newspaper.

If the object is perishable or its safekeeping would entail significant costs, the object shall be sold pursuant to the provisions governing the judicial enforcement procedure and the proceeds shall be delivered for safekeeping to the Court.

The provision of Paragraph 3 of this Article shall also be applied when the object belongs to a runaway or an unknown perpetrator of a criminal offense.

Article 76 - Decisions on Suspicious Objects

If, within one (1) year, no one comes forward as the owner of the object or of the proceeds from the sale of the object, a decision shall be taken that the object shall become property of Bosnia and Herzegovina or that the proceeds shall be credited to the Bosnia and Herzegovina Budget.

The owner of the object shall be entitled to request in civil proceedings to repossess the object or to possess the proceeds from the sale of the object. The statute of limitations with respect to this right shall start running from the date of the posting or publication, as appropriate.

Section 4 - QUESTIONING OF THE SUSPECT

Article 77 - Basic Rules on Questioning

The suspect under investigation shall be questioned by the Prosecutor or an authorised official.

The questioning of the suspect must be done with full respect to the personal integrity of the suspect. During questioning of the suspect it shall be forbidden to use force, threat, fraud, narcotics or other means that may affect the freedom of decision-making and expression of will while giving a statement or confession.

If actions were taken contrary to Paragraph (2) of this Article, the decision of the Court may not be based on the statement of the suspect.

Article 78 - Instructing the Suspect on His Rights

At the first questioning the suspect shall be asked the following questions: his name and surname; nickname if he has one; name and surname of his parents; maiden name of his mother; place of birth; place of residence; date, month and year of birth; ethnicity and citizenship; identification number of Bosnia and Herzegovina citizen; profession; family situation; is he literate; completed education; has he served in the army, and if so, when and where; whether he has a rank of a reserve officer; whether he is entered in the military records and if yes with which authority in charge of defense affairs; whether he has received a medal; financial situation; previous convictions and, if any, reasons for the
conviction; if convicted whether he served the sentence and when; are there ongoing proceedings for some other criminal offense; and if he is a minor, who is his legal representative. The suspect shall be instructed to obey summonses and to inform the authorized officials immediately about every change of an address or intention to change his residence, and the suspect shall also be instructed about consequences if he does not act accordingly.

At the beginning of the questioning, the suspect shall be informed of the charge against him, the grounds for the charge and he shall be informed of the following rights :

the right not to present evidence or answer questions;

the right to retain a defense attorney of his choice who may be present at questioning and the right to a defense attorney at no cost in such cases as provided by this Code;

the right to comment on the charges against him, and to present all facts and evidence in his favor, and that if he does so in the presence of the defence attorney, the statement made shall be admissible as evidence at the main trial and may, without his consent, be read and used at the main trial;

that during the investigation, he is entitled to study files and view the collected items in his favor unless the files and items concerned are such that their disclosure would endanger the aim of investigation;

the right to an interpreter service at no cost if the suspect does not understand the language used for questioning.

The suspect may voluntarily waive the rights stated in Paragraph 2 of this Article but his questioning may not commence unless his waiver has been recorded officially and signed by the suspect. To waive the right to a defense attorney shall not be possible for the suspect under any circumstances in case of a mandatory defense under this Code.

In the case when the suspect has waived the right to a defense attorney, but later expressed his desire to retain one, the questioning shall be immediately suspended and shall resume when the suspect has retained or has been appointed a defense attorney, or if the suspect has expressed a wish to answer the questions.

If the suspect has voluntarily waived the right not to answer the questions asked, he must be allowed to present views on all facts and evidence that speak in his favor.

If any actions have been taken contrary to the provisions of this Article, the Court’s decision may not be based on the statement of the suspect.

Article 79 - Manner of Questioning of the Suspect

A record shall be made on every questioning of the suspect. The important parts of the statement shall be entered in the record word for word. After the record has been completed, the record shall be read to the suspect and the copy of it shall be given to him.

As a rule, a questioning of the suspect shall be audio or video recorded under the following conditions:
the suspect shall be informed in the language he speaks and shall understand that the questioning is being audio or video recorded;

if the questioning is adjourned, the reason and time of the adjournment shall be indicated in the record, as well as the time of resumption and the completion of the hearing;

at the end of the questioning, the suspect shall be allowed to explain whatever he has said and to add whatever he wants;

the tape record thus made shall be transcribed as soon as feasible after the completion of the questioning, and a copy of the transcript shall be handed to the suspect along with a copy of the tape recording, or if a device for making several records simultaneously was used, he shall be handed one of the originals;

once a copy of the original tape has been made for the purpose of making a transcript, the original tape or one of the originals shall be sealed off in the presence of the suspect and authenticated by the respective signatures of the authorized official and the suspect.

Article 80 - Questioning through an Interpreter

The suspect shall be questioned through an interpreter in cases referred to in Article 87 of this Code .

Section 5 - EXAMINATION OF WITNESSES

Article 81 - Summons to Examine Witnesses

Witnesses shall be heard when there is likelihood that their statements may provide information concerning the offense, perpetrator or any other important circumstances.

The Prosecutor or the Court shall serve the writ of summons. Any summoning of a minor under 16 as the witness shall be done through the parents or legal representative, except for the cases where this is not possible due to a need to act urgently, or due to other circumstances.

Witnesses who cannot answer a summons because of age, illness or serious physical handicaps may be questioned at their residence, hospital or any other place.

Witnesses shall be notified in the summons of their being summoned as a witness, of where and when to appear upon being summoned, as well as what consequences shall follow if the witness fails to appear.

Should the witness fail to appear or justify his absence the Court may impose upon him a fine an amount up to 5.000 KM, or may order the apprehension of the witness.

The apprehension of a witness shall be performed by the Judicial Police. Exceptionally the order may be given by the Prosecutor if a duly summoned witness does not appear or justify his absence, provided that this order must be confirmed by the preliminary proceedings judge within 24 hours following the issuance of the order.

Should the witness, having been warned of the consequences, refuse to testify without a justification provided by law, the Court may, upon the proposal of the Prosecutor, issue a decision imposing on the witness a fine of up to 30.000 KM. An appeal against this decision shall be allowed, but shall not stay the execution of the decision.

Appeals against the decision referred to in Paragraph (5) and (7) of this Article shall be decided by the Panel (Article 24(7)).

Article 82 -Persons Not To Be Heard As Witnesses

(1) The following persons shall not be heard as witnesses:

A person who by his statement would violate the duty of keeping state, military or official secrets until the competent body releases him from that duty;

A defense attorney of the suspect or accused with respect to the facts that became known to him in his capacity as a defense attorney;

A person who by his statement would violate the duty of keeping professional secrets, including the religious confessor, professional journalists for the purpose of protecting the information source, attorneys-at-law, notary, physician, midwife and others, unless he was released from that duty by a special regulation or statement of the person who benefits from the secret being kept;

A minor who, in view of his age and mental development, is unable to comprehend the importance of his privilege not to testify.

(2) If a person who may not be heard as a witness has nonetheless been heard as a witness, the Court shall not base a decision on that testimony.

Article 83 - Persons Allowed to Refuse to Testify

(1) The following persons may refuse to testify:

the spouse or the extramarital partner of the suspect or accused;

a) a parent or child, an adoptive parent or adopted child of the suspect or accused;

b) (deleted).

(2) The authority conducting the proceedings must caution the persons referred to in Paragraph 1 of this Article, prior to their hearing or as soon as it learns about their relation to the accused, about the right to refuse to testify. The caution and answer must be entered in records.

(3) A person who has grounds to refuse to testify against one of the suspects or accused shall be relieved from the duty to testify against other codefendants if his testimony, by its nature, cannot be restricted solely to the other suspects or accused.

(4) If a person who is entitled to refuse to testify, but has not been cautioned thereof, or has not explicitly waived that right, has nonetheless been heard as a witness, or if the caution and the waiver have not been entered into the records, the Court shall not base a decision on that testimony.

Article 84 - Right of the Witness to Refuse to Respond

The witness shall be entitled to refuse to answer such questions with respect to which a truthful reply would result in the danger of bringing prosecution upon himself.

The witnesses exercising the right referred to in to Paragraph 1 of this Article shall answer the same questions provided that immunity is granted to such witnesses.

Immunity shall be granted by the decision of the Chief Prosecutor of BiH.

The witness who has been granted immunity and who has testified shall not be prosecuted except in case of false testimony.

A lawyer as the advisor may be assigned by the Court’s decision to the witness during the hearing if it is obvious that the witness himself is not able to exercise his rights during the hearing and if his interests cannot be protected in some other manner.

Article 85 - Method of Examination, Confrontation and Identification

Witnesses shall be examined individually and in the absence of other witnesses.

At all times during the proceedings, witnesses may be confronted with other witnesses or with the suspect or accused.

If necessary to ascertain whether the witness knows the person or object, first the witness shall be required to describe him/her/it or to indicate distinctive signs, and then a line-up of persons shall follow, or the object shall be shown to the witness, if possible among objects of the same type.

(1) If the procedure specified in Paragraph (3) of this Article is not possible, the witness may alternatively be asked to identify a photograph of the person among a set of photographs of persons unknown to the witness, or identify the object among a set of objects of the same kind.

Article 86 - Course of the Examination of a Witness

The witness must answer orally.

Before examination, the witness shall be called upon to tell the truth and not to withhold anything and then he shall be instructed that giving false testimony is criminal offense. The witness shall also be instructed about his right not to answer questions as provided in Article 84(1) of this Code and such instruction shall be entered into the record.

Subsequently, the witness shall be asked the following questions: his name and surname, names of father and mother, occupation, residence, place and date of birth, and relation to the suspect, accused or injured party. The witness must also be instructed that it is his duty to inform the Prosecutor or the Court regarding a change of address or residence.

When hearing a minor and, in particular if the minor was victimized by the criminal offense, the participants in the proceedings shall be obligated to act with circumspection in order not to have an adverse effect on the minor’s mental condition. the minor shall be heard with assistance of a pedagogue or other professional.

It shall not be allowed to ask an injured party about his sexual experience prior to commission of the criminal offense and if such a question has already been posed, the Court decision cannot be based on such statement.

Given age, physical and mental condition, or other justified reasons the witness may be examined using technical means for transferring image and sound in such manner as to permit the parties and the defense attorney to ask questions although not in the same room as the witness. Am expert person may be assigned for the purpose of the examination.

After general questions the witness shall be invited to present everything that he knows about the case and then the witness shall be asked questions aimed at checking, supplementing and explaining his statement. When hearing the witness it shall be prohibited to practice deceit or ask any questions that already contain the desired answer.

The witness shall be asked how does he know the facts he is testifying about.

Witnesses may be confronted if their testimony disagrees with respect to important facts. The confronted witnesses shall be examined individually about each circumstance that their testimony disagrees about and their answer shall be entered into records. Only two witnesses at a time may be confronted.

The injured party being examined as the witness shall be asked about his desires with respect to satisfaction of a property claim in the criminal proceedings.

Article 87 - Examination of a Witness through Interpreter

If a witness is deaf or mute, he shall be examined through the interpreter.

If the witness is deaf the questions shall be asked in writing and if he is mute he shall be asked to answer in writing. If the hearing cannot be conducted in this manner then a person who can communicate with the witness shall be invited to be an interpreter.

If the interpreter has not previously sworn the oath, the interpreter shall swear the oath that he shall literally communicate the questions to the witness as well as his testimony.

Article 88 - Oath or Affirmation of a Witness

The Court may request the witness to swear an oath or affirmation prior to testimony.
Prior to the main trial, the witness may swear the oath or affirmation only if there is a fear that due to illness or other reasons he shall not appear at the main trial. The oath or affirmation shall be taken before the judge or the Presiding judge. The reason for swearing the oath or affirmation shall be entered into the records.

The text of the oath or affirmation is as follows: "I swear/ I affirm that I shall speak the truth about everything I am going to be asked before this Court and that I shall withhold nothing known to me."

The oath or affirmation shall be taken orally by reading its text or with a confirmation after the text of the oath or affirmation has been read by the judge or the Presiding judge. Mute witnesses who can read and write shall take the oath or affirmation by signing the text of the oath or affirmation, whereas deaf or mute witnesses who cannot read or write shall take the oath or affirmation through an interpreter.

The refusal and reasons for refusal of the witness to take an oath or affirmation shall be entered into records.

Article 89 - Individuals who may not take the Oath or Affirmation

The individuals who may not take the oath or affirmation are persons who are minors at the time of examination, those for whom it has been proved that there is a grounded suspicion that they have committed or participated in commission of an offense for which they are being examined or those who due to their mental condition are unable to comprehend the importance of the oath or affirmation.

Article 90 - Audio or Audio-Video Recording of the Examination of Witnesses

The examination of witnesses may be recorded on audio or audio-video equipment at all stages in the proceedings. It must be recorded in case of minors under sixteen (16) years of age who were injured by the offense, and if there are grounds to fear that the witness cannot be examined at the main trial.

Article 91 - Protected Witness

With respect to protected witnesses in the proceedings before the Court, the provisions of the special law shall be applied.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 6 - CRIME SCENE INVESTIGATION AND RECONSTRUCTION OF EVENTS

Article 92 - Conducting a Crime Scene Investigation

A crime scene investigation shall be conducted when a direct observation is needed to establish relevant facts in the proceedings.

Article 93 - Reconstruction of Events

In order to verify the evidence presented, or to establish facts that are important to clarify matters, the body in charge of the proceedings may order a reconstruction of the event. The reconstruction shall reproduce the actions or situations with the conditions under which the event occurred according to the evidence presented. If statements by individual witnesses or the suspects or the accused describing the actions or situations are inconsistent or contradictory, the reconstruction shall, as a rule, reproduce each version of events.

A reconstruction shall not be performed in such a manner as to violate public peace and order or morality or endanger human life or health.

Certain evidence may be presented again if necessary during the reconstruction.

Article 94 - Aid of an Expert Witness or a Specialist

A crime scene investigation or reconstruction shall be conducted with an aid of a specialist in criminalistics or some other discipline who shall assist in finding, protecting and describing traces, take certain measurements or photographs, or make sketches or photo-records or gather other data.
An expert witness may also be invited to the crime scene investigation or reconstruction if his presence would be useful for opinions and findings.

Section 7 - EXPERT EVALUATION

Article 95 - Ordering Expert Evaluation

Expert evaluation shall be ordered when the findings and opinion of a person possessing the necessary specialized knowledge are required to establish or evaluate some important facts. If scientific, technical or other specialized knowledge will assist the Court in understanding the evidence or determining a facts, an expert as a special witness may testify by providing his findings on the facts and opinion that contains the evaluation of the facts.

Article 96 - Order for Expert Evaluation

Expert evaluation shall be requested in writing by the Prosecutor or Court. The request shall indicate the facts in regard of which the evaluation is conducted.

If there is a specialized institution for performing the particular kind of expert evaluation, or if the expert evaluation could be performed by a state body, such expert evaluation, especially if it is complicated, shall as a rule be assigned to that institution or body. The institution or body shall name one or more specialists who will make the expert evaluation.

Article 97 - Duties of the Expert Witness Appointed by the Prosecutor or the Court

The expert selected by the Prosecutor or Court must present a report to the Prosecutor or Court that shall contain the evidence examined, the tests performed, the findings and opinion reached, and any other relevant information the expert considers necessary for a fair and objective analysis. The expert shall provide a detailed explanation of how he came to a particular opinion.

Article 98 -Persons Who Cannot be engaged as Experts

A person shall not be engaged as an expert who may not testify as a witness (Article 82), who has been exempted from the duty to testify (Article 83), as well as the injured party. If nevertheless such person is engaged, the Court shall not base its decision on his findings and opinion. Grounds for disqualification of experts (Article 34) also exist when the expert is employed in the same agency, business enterprise, other legal entity, or by the same individual entrepreneur as the suspect, the accused or injured party, or when the expert is employed by the suspect, the accused or the injured party.

(1) As a rule, a person who has been questioned as a witness shall not be engaged as an expert.

Article 99 - Expert Evaluation Procedure

The body ordering expert evaluation shall manage the expert evaluation. Before commencement of the presentation of expert testimony the expert shall be invited to carefully study the subject of his testimony, and shall precisely present everything he knows and finds, and shall be invited to present his opinion without bias and in conformity with the rules of his science or art. He shall be specifically warned that presentation of false testimony is a criminal offense.

An expert witness shall rely solely on evidence presented to him by authorized officials, the Prosecutor or the Court in forming opinions or inferences on the subject being examined. An expert witness may testify only as to a matter derived from first hand knowledge, unless the information he is relying on in forming his opinion and inferences, is the type of information reasonably relied on by other experts in the same field.

An expert may be given clarifications, and he may also be allowed to examine the records. An expert may propose that evidence be presented or articles and data be obtained that are of relevance for the presentation of his findings and opinion. If he is present at a crime scene investigation, reconstruction, or other investigative proceeding, the expert may propose that certain circumstances be clarified or that certain questions be asked of the persons involved.

Article 100 - Examination of Items Being Evaluated

The expert shall examine the items being evaluated at the place where the evidence is stored, unless expert evaluation requires extended tests or if the tests are performed in institutions, or state bodies or if ethical considerations so require.

If analysis of some substance must be performed for purposes of expert evaluation, only a portion of the substance shall be made available to the expert, if this is possible, while the remainder shall be set aside in the necessary amount against the possibility of subsequent analysis.

Article 101 - Presentation of Opinion and Findings

The expert witness shall present his findings and opinion as well as worksheets, drawings, and notes to his appointing authority.

Article 102 - Expert Evaluation in a Specialized Institution or State Body

If a specialized institution or a body is commissioned to make the expert evaluation, the Court or the Prosecutor shall caution the institution or the body conducting the evaluation that persons who provide the findings and opinion may not include a person as referred to in Article 98 of this Code or a person for whom there are grounds for disqualification from expert evaluation as provided by this Code, and the Court or the Prosecutor shall warned them of the consequences of giving a false finding or opinion.

The materials necessary for the expert evaluation shall be made available to the specialized institution or state agency;

if necessary, the procedure described in the provision of Article 99 of this Code shall be followed.

The specialized institution or state agency shall deliver a written finding and opinion submitted by the persons who made the expert evaluation.

Article 103 - Examination, Autopsy and Exhumation of Corpse

The examination and autopsy of the corpse shall be done if in a case of death, there is a suspicion that the death was the result of a criminal offence or related to the commission of a criminal offence. If the corpse has already been buried, the exhumation of such corpse shall be ordered for the purpose of examination and autopsy.

During the examination and autopsy of a corpse, all the necessary measures of identification of a corpse shall be taken and to that end in particular the data on external and internal bodily characteristics of the corpse shall be described.

Article 104 - Examination and Autopsy of the Corpse outside a Specialized Medical Facility

Examination and autopsy of the body shall be performed by a specialized medical facility.

If an expert evaluation is not made in a specialized medical facility, examination and autopsy of a corpse shall be done by a physician-forensic specialist. The Prosecutor shall be in charge of the expert evaluation and shall create a record of it. the findings and opinion of the expert shall be an integral part of the record.

The physician who normally treated the deceased may not be given the task of performing the autopsy. However, the physician who treated the deceased may be questioned as a witness in order to provide an explanation on the course and the circumstances of the illness of the deceased.

Article 105 - Forensic Report on Examination and Autopsy

A forensic pathologist shall include in his report the cause and estimated time of death.

Should any sort of injury be found on the corpse, it shall be ascertained whether that injury was caused by someone else, and if so, then by what means, in which manner, at what interval before death, and whether such injury is the cause of death. If several injuries have been found on the corpse, it shall be ascertained whether all of the injuries were inflicted by the same means and which injury caused death; if more than one injury could have been fatal, it shall be stated which one(s) were the cause of death.

In cases referred to in Paragraph 2 of this Article, it shall specifically be ascertained whether the death was caused by the type of injury and general nature of the injury or due to personal characteristics or specific conditions of the body of the deceased or by coincidence or circumstances under which the injury was inflicted.

The expert shall pay attention to discovered biological material, including blood, saliva, semen, and urine, to describe it and preserve it for biological evaluation if ordered.

Article 106 - Examination and Autopsy of Fetus or Newborn Infant

In the examination and autopsy of a fetus, a specific determination shall be made as to the stage of pregnancy, the fetus’ ability to live outside the uterus, and the cause of death.

In an examination and autopsy of the corpse of a newborn infant a specific determination shall be made as to whether the infant was born alive or stillborn, were it capable to live, how long the infant lived, and the time and cause of death.

Article 107 - Toxicological Tests

If there is suspicion that a poisoning occurred, the suspicious substances found on the corpse or in another place shall be sent for expert evaluation to the institution or state body performing toxicological tests.

When examining suspicious substances the expert shall specifically ascertain the type, amount and effects of the discovered toxic substances and, if the substances taken from the body are being tested, if possible, the amount of that toxic substance.

Article 108 - Expert Evaluation of Physical Injuries

Expert evaluation of physical injuries shall be done as a rule by examining the injured party. If it is not
possible to examine the injured party or it is unnecessary, an expert evaluation shall be based on medical records or other available information.

After providing a precise description of the injuries, the expert shall give his opinion, especially concerning the type and severity of each individual injury and their total effect in view of their nature or the specific circumstances of the case, the type of effect such injuries usually cause, the type of effect they have caused in this specific case, the means by which the injuries were inflicted and the manner of their infliction.

Article 109 - Physical Examination and Other Procedures

A physical examination of a suspect or the accused shall be performed, even without his consent, if necessary to determine the facts important for criminal proceedings. A physical examination of other persons may be performed without their consent only when it has to be established that a specific trace or other consequence of a criminal offense may be found on their body.

In accordance with the rules of medical science, blood and other medical procedures may be taken for analysis and determination of other facts important to criminal proceedings even without the consent of the person being examined, if it would not pose any harm to the health of person examined.
physical examination of the suspect or the accused and other related procedures shall be ordered by the Court, and if the delay poses a risk then it shall be ordered by the Prosecutor.

It shall not be allowed to perform a medical intervention on the suspect, accused or witness or to administer to them agents that would affect their will in giving testimony.

If actions are taken contrary to the provisions of this Article, the decision of the Court may not be based on the evidence obtained in this manner.

Article 110 - Psychiatric Expert Evaluation

If a suspicion arises that the accountability of the suspect or the accused has diminished, or that the suspect or the accused has committed a criminal offense due to the drug or alcohol addiction, or that he is not capable to participate in the proceeding due to the mental disturbance, expert evaluations consisting of examination by a psychiatrist shall be ordered.

If during the investigation the suspect refuses to voluntarily undergo the psychiatric examination for the purpose of an expert witness evaluation or if according to the opinion of the expert witness an extended observation is required, the suspect shall be committed to the appropriate medical institution for the purpose of psychiatric examination. A decision to that effect shall be rendered by the preliminary proceedings judge on the motion of the Prosecutor. The observation may not exceed two (2) months.

Should experts establish that the mental condition of the suspect or accused is disturbed, they shall define the nature, type, degree and duration of the disorder and shall furnish their opinion concerning the type of influence this mental state has had and still has on the comprehension and actions of the suspect or the accused as well as concerning whether and in what degree the disturbance of his mental state existed at the time when the criminal offense was committed.

If a suspect or accused who is in pretrial custody is sent to a medical institution, the judge shall inform that institution of the reasons why pretrial custody was ordered so that the necessary measures can be taken to achieve the purposes of custody.

The time, which a suspect or an accused spent in a medical institution, shall be included in the time of custody or credited against his sentence, should a sentence be pronounced.

Article 111 - Audit of Business Books

If an audit of business books is required, the body before which the proceedings are conducted shall indicate to the auditors the line of inquiry and the scope of the audit and other facts and circumstances that are to be determined.

If the books of a business enterprise, other legal entity or an individual entrepreneur first need to be put in order before being audited, the costs of putting books in order shall be charged to their account.
The decision to put books in order shall be made by the authority conducting proceedings on the basis of the written documented report of the experts ordered to audit the business books. The decision shall also indicate the amount that the legal entity or the individual entrepreneur must deposit with that authority as an advance against the cost of putting its books in order.
The costs, if their amount has not been advanced, shall be collected and credited to the authority that has paid the costs and remunerated the experts in advance.

Article 112 -DNA Analysis

DNA analysis shall be made exclusively by an institution in possession of necessary expertise in terms of staff and equipment to do a forensic DNA analysis in this type of expert evaluation.

Article 113 - When to Make a DNA analysis

A DNA analysis may be performed insofar as it is required to establish identity or facts as to whether discovered trace substances originate from the suspect, the accused or the injured party.

Article 114 - Use of DNA Analysis Results in Other Criminal Proceedings

For the purpose of establishing the identity of the suspect or the accused, cells may be removed from his body in order to perform a DNA analysis. All data obtained thereby may be used in other criminal proceedings against the same person.

Article 115 -Registry of DNA Analyses and Data Protection

All DNA analyses shall be kept in a special registry with the Ministry of Security of Bosnia and Herzegovina.

(1) The Minister of Justice of BiH shall issue the Book of Rules on the Manner of Collecting and Taking of Biological Material Samples Necessary for DNA Analyses in Criminal Proceedings, Method of Packing the Collected Biological Material, Keeping, Processing and Storing the Samples and Obtained Results of DNA Analyses in Bosnia and Herzegovina.

Protection of data obtained from the analyses referred to in Paragraph 1 of this Article shall be regulated under a separate law.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER IX - SPECIAL INVESTIGATIVE ACTIONS

Article 116 - Types of Special Investigative Actions and Conditions of Their Application

(1) If evidence cannot be obtained in another way or its obtaining would be accompanied by disproportional difficulties, special investigative measures may be ordered against a person against whom there are grounds for suspicion that he has committed or has along with other persons taken part in committing or is participating in the commission of an offense referred to in Article 117 of this Code.

(2) Measures referred to in Paragraph 1 of this Article are as follows:
surveillance and technical recording of telecommunications;
access to the computer systems and computerized data processing;
surveillance and technical recording of premises;
covert following and technical recording of individuals, means of transport and objects related to them;
undercover investigators and informants;
simulated and controlled purchase of certain objects and simulated bribery;
supervised transport and delivery of objects of criminal offense.

(3) Measures referred to in Subparagraph a) of Paragraph 2 of this Article may also be ordered against a person against whom there are grounds for suspicion that he will deliver to the perpetrator or will receive from the perpetrator of the offense referred to in Article 117 of this Code information in relation to the offense, or grounds for suspicion that the perpetrator uses a telecommunication device belonging to that person.

(4) Provisions regarding the communication between the suspect and his or her defense attorney shall apply accordingly to the discourse between the person referred to in Paragraph 1 of this Article and his or her defense attorney.

(5) In executing the measures referred to in Subparagraphs e) and f) of Paragraph 2 of this Article police authorities or other persons shall not undertake activities that constitute an incitement to commit a criminal offense. If nevertheless such activities are undertaken, this shall be an instance precluding the criminal prosecution against the incited person for a criminal offense committed in relation to those measures.

(6) An undercover investigator is a specially trained and authorised officer who conducts an investigation under an assumed identity. The undercover investigator may participate in legal transactions under his or her assumed identity. Relevant documents may be issued, changed, or used if necessary to establish and maintain such an assumed identity.

Article 117 - Criminal Offenses as to Which Special Investigative Measures May Be Ordered

Measures referred to in Article 116(2) of this Code may be ordered for following criminal offenses:
criminal offenses against the integrity of Bosnia and Herzegovina;
criminal offenses against humanity and values protected under international law;
criminal offenses of terrorism;
criminal offenses for which, pursuant to the law, a prison sentence of three (3) years or more may be pronounced.

Article 118 - Competence to Order the Measures and the Duration of the Measures

(1) Measures referred to in Article 116(2) of this Code shall be ordered by the preliminary proceedings judge in an order upon the properly reasoned motion of the Prosecutor containing: the data on the person against which the measure is to be applied, the grounds for suspicion referred to in Article 116(1) and (3) of this Code, the reasons for its undertaking and other important circumstances necessitating the application of the measures, the reference to the type of required measure and the method of its implementation and the extent and duration of the measure. The order shall contain the same data as those featured in the Prosecutor’s motion as well as ascertainment of the duration of the ordered measure.

Exceptionally, if a written order cannot be received in due time and if delay poses a risk, the execution of a measure referred to in Article 116 of this Code may commence on the basis of a verbal order pronounced by the preliminary proceedings judge. The written order of the preliminary proceedings judge must be obtained within 24 hours following the issue of the verbal order.

Measures referred to in Subparagraphs a) through d) and g) Article 116(2) of this Code may last up to one (1) month, while on account of particularly important reasons the duration of such measures may upon the properly reasoned motion of the Prosecutor be prolonged for a term of another month, provided that the measures referred to in Subparagraphs a), b) and c) last up to six (6) months in total, while the measures referred to in Subparagraphs d) and g) last up to three (3) months in total.

The motion as to the measure referred to in Article 116(2)(f) may refer only to a single act, whereas the motion as to each subsequent measure against the same person must contain a statement of reasons justifying its application.

The order of the preliminary proceeding judge and the motion of the Prosecutor referred to in Paragraph 1 of this Article shall be kept in a separate envelope. By compiling or transcribing the records without making references to the personal data therein about the undercover investigator and informant, or in another appropriate way, the Prosecutor and the preliminary proceedings judge shall prevent unauthorized persons as well as the suspect and his defense attorney from establishing the identity of the undercover investigator and of informant.

By way of a written order the preliminary proceedings judge must suspend forthwith the execution of the undertaken measures if the reasons for previously ordering the measures have ceased to exist.
The orders referred to in Paragraph 1 of this Article shall be executed by the police authorities. The companies performing the transmission of information shall be bound to enable the Prosecutor and police authorities to enforce the measures referred to in Article 116(2)(a) of this Code.

Article 119 - Materials Received through the Measures and Notification of the Measures Undertaken

Upon the completion of the application of the measures referred to in Article 116 of this Code, all information, data and objects obtained through the application of the measures as well as a report must be submitted by police authorities to the Prosecutor. The Prosecutor shall be bound to provide the preliminary proceedings judge with a written report on the measures undertaken. On the basis of the submitted report the preliminary proceedings judge shall evaluate the compliance with his order.
Should the Prosecutor refrain from prosecution, or should the data and information obtained through the application of the ordered measures not be needed for the criminal proceedings, they shall be destroyed under the supervision of the preliminary proceedings judge, of which event he shall make separate records. The person against whom any of the measures referred to in Article 116(2) of this Code were undertaken, shall be notified in writing of the undertaking of the measures, the reasons for their undertaking, information stating that the received material did not constitute sufficient grounds for criminal prosecution and was thereafter destroyed.

The preliminary proceedings judge shall forthwith and following the undertaking of the measures referred to under Article 116 of this Code inform the person against whom the measures were undertaken. That person may request from the Court a review of legality of the order and of the method by which the order was enforced.

Data and information received through the undertaking of the measures referred to in Article 116(2) of this Code shall be kept as long as the court file is being kept.

Article 120 -“Incidental Findings”

No data or information received through the undertaking of actions referred to in Article 116 of this Code shall be used as evidence if they are not related to a criminal offense referred to in Article 117 of this Code.

Article 121 - Acting Without the Court Order or Beyond Its Extent

If the measures referred to in Article 116 of this Code have been undertaken without the order of the preliminary proceedings judge or against the same, the Court cannot base its decision on the data or evidence thereby obtained.

Article 122 - Use of Evidence Obtained through the Undertaking of Special Measures

Technical recordings, documents and objects obtained as provided under the conditions and in the manner prescribed by this Code may be used as evidence in the criminal proceedings. The undercover investigator and informant referred to in Article 116(2)e) and the persons who have undertaken the measures referred to in Article 116(2)f) of this Code may be questioned as witnesses or as protected witnesses on the course of the measures or on other relevant circumstances.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XIV - DELIVERY OF WRITS

Article 168-Manner of Delivery

Writs shall as a rule be delivered by mail. Delivery may also be made through an official person of the authority that rendered the decision or directly with that authority.

The Court may also communicate a summons to a main trial or other summons orally to a person who is before the Court; such communication shall include an instruction as to the consequences of a failure to appear. Orally communicated summons shall be noted in the record, which the person summoned shall sign, unless such summons has been recorded in the main trial record. It shall be considered that valid delivery has thereby been made.

Article 169 - Personal Delivery

A writ that under this Code must be personally served shall be delivered directly to the person to whom it is addressed. If a person to whom a writ must be personally delivered has not been found where the delivery was to take place, the writ server shall make inquiries as to when and where that person may be found and shall leave with one of the persons under Article 170 of this Code a written notice that he should be in his dwelling or at his workplace at a particular day and hour in order to receive the writ. If even after this the writ server does not find the person to whom the writ is to be delivered, he shall use the procedure under the provision of Article 170(1) of this Code, and it shall be assumed that the writ has been served.

Article 170 - Indirect Delivery

Writs for which this Code does not specify personal delivery shall also be delivered in person; but if the recipient is not found at home or at work, such documents may be given to any of adult members of his household, who must accept the writ. Should any of the household members not be found at home, the writ shall be left with a neighbor, if he consents to accept it. If a writ is delivered to a person at his workplace, and the person concerned has not been found there, the writ may be delivered to a person authorized to receive mail, who must accept the writ, or to a person employed at the same workplace, if he consents to accept it.

Should it be established that the person to whom a writ is to be delivered is absent and that persons under Paragraph 1 of this Article are therefore not in the position to present the writ to him in a timely manner, the writ shall be returned with an indication as to whereabouts of the absent person.

Article 171 - Contents of Personally Served Documents

The summons to the first examination in the investigation, the summons to the main trial, and the summons to the hearing for the pronouncement of the criminal sanction shall be personally served on the suspect or accused.

The indictment and also the verdict and other decisions for which the period of time for appeal commences on the date of their service, including the appeal by the opposing party submitted for an answer, shall be personally served on an accused who does not have a defense attorney. At the request of the accused, the verdict and other decisions shall be served on a person designated by him.
If an accused who does not have a defense attorney is to be delivered a verdict by which a sentence of imprisonment has been pronounced against him, and the verdict cannot be delivered at his previous address, the Court shall ex officio appoint an attorney for defense of the accused, who shall perform that duty until the new address of the accused is learned. The appointed defense attorney shall be given the necessary period of time to acquaint himself with the case file, whereupon the verdict shall be served on the appointed defense attorney and proceedings shall resume. If it concerns another decision whose date of delivery becomes the date of commencement of the period of time for an appeal or if it concerns an appeal of the opposing party that is being submitted for an answer, the decision or appeal shall be posted on the bulletin board of the Court, and at the end of eight (8) days from the date of posting it shall be assumed that valid delivery has been made.

If the accused has a defense attorney, the indictment and all decisions for which the period of time for filing an appeal commences on the date of delivery, and also the appeal of the opposing party submitted for an answer, shall be served on the defense attorney and the accused in accordance with the provisions of Article 170 of this Code. In such a case, the period for pursuing a legal remedy or answering the appeal shall commence on the date when the writ or notice is delivered to the accused or defense attorney. If the decision or appeal cannot be served on the accused because the accused has failed to report a change of address, the decision or appeal shall be posted on the bulletin board of the Court and at the end of eight (8) days from the date of posting it shall be assumed that valid delivery has been made.

If a writ or notice is to be delivered to the defense attorney of the accused, and he has more than one defense attorney, it shall be sufficient to make delivery to one of them.

Article 172 - Receipt Confirming Delivery

The recipient and the person making the delivery shall sign the receipt confirming that delivery has been made. The recipient shall himself indicate the date of service on the receipt.

If the recipient is illiterate or unable to sign his name, the person making the delivery shall sign on his behalf, shall indicate the date of service, and shall make a note as to why he signed for the recipient.
Should the recipient refuse to sign the receipt, the person making the delivery shall make a note to that effect on the receipt and shall indicate the date of delivery, whereby service is completed.

Article 173 - Refusal to Receive a Writ

If the recipient or an adult member of his family refuses to accept the writ, the person making the delivery shall note on the receipt the date, hour and reason for refusal, and shall leave the writ in the dwelling of the recipient or in his workplace, whereby service is completed.

Article 174 - Special Cases of Delivery

A summons shall be served on a person deprived of liberty through the Court or through the administration of the institution where he is an inmate.

Persons who enjoy the right of immunity in Bosnia and Herzegovina, unless otherwise specified under international treaties, shall be served summons through the competent Ministry of Bosnia and Herzegovina.

If the procedure set forth in Articles 408 and 409 of this Code does not apply, Bosnia and Herzegovina nationals abroad shall be served summonses through the diplomatic or consular missions of Bosnia and Herzegovina in a foreign country, provided that the foreign state does not oppose this manner of service and that the person being served the summons voluntarily consents to receive the summons.

An authorized official of the diplomatic or consular mission shall sign the receipt as the person making the delivery if the summons is served within the mission office itself, and if the summons is sent by mail, he shall so indicate on the receipt.

Article 175 - Delivery to the Prosecutor

Decisions and other writs or notices shall be delivered to the Prosecutor by delivery to the writing office of the Prosecutor’s Office.

In the case of delivery of decisions for which a period of time commences on the date of delivery, the date of presentation of the document to the Registry office of the Prosecutor’s Office shall be taken as the date of delivery.

Article 176 - Applicability of Corresponding Provisions of Other Laws

In cases that have not been specifically covered by this Code, the delivery shall be made according to the provisions that apply to a civil action before the Court.

Article 177 - Informing by Way of Telegram or Telephone

The persons other than the accused who are participants in the proceedings, may be informed of a summons to a main trial or other summons and of a decision postponing a main trial or other scheduled actions, by way of telegram or telephone if one can assume from the circumstances that notice given in that manner will be received by the persons to whom it is addressed.

An official note shall be made in the record that a summons or decision notice has been delivered in the manner provided by Paragraph 1 of this Article.

The harmful consequences prescribed for failure to take action may ensue for a person who has been informed or to whom a decision was sent under Paragraph 1 of this Article only if it is ascertained that he received in sufficient time the summons or decision and was made aware of the consequences of a failure to act.

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 TWO - COURSE OF THE PROCEEDINGS

CHAPTER XIX - INVESTIGATIVE PROCEDURE

Article 212 - Information from Criminal Records

Information contained in the criminal record may be revealed to the Court, the Prosecutors’ Offices and bodies of internal affairs in connection with criminal proceedings conducted against a person who had been previously convicted, to competent bodies in charge of the execution of criminal sanctions and competent bodies participating in the procedure of granting amnesty, pardon or deletion of conviction from the records.

Information from the criminal record may, upon the presentation of a justifiable request, be revealed to governmental bodies if certain legal consequences incident to conviction or security measures are still in force.

At their request, citizens may be given information on their criminal record if the information is necessary for exercising their rights.

No one has the right to demand that citizens present evidence on their being convicted or not being convicted.

Provisions of Paragraphs 1 through 4 of this Article are special provisions of equal relevance for the Bosnia and Herzegovina Law on Freedom of Access to Information.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XIX - INVESTIGATIVE PROCEDURE

Article 219 - Collection of statements and other evidence

In order to perform the tasks referred to in Article 218 of this Code, authorized officials may obtain the necessary information from persons; may make a necessary examination of vehicles, passengers and luggage; may restrict movement in a specified area during the time required to complete a certain action; may take the necessary steps to establish identity of persons and objects; may organize search to locate an individual or items being sought; may in the presence of a responsible individual search specified structures and premises of state authorities, public enterprises and institutions, examine specified documents belonging to state authorities or public enterprises or institutions, and take
other necessary steps and actions. A record or official notes shall be kept of facts and circumstances ascertained in the taking of various actions and also concerning items which have been found or forfeited.

In taking statements from persons, an authorized official may issue a written request to a person to appear at the police station, provided that the request designates the reasons for requesting the person’s appearance. A person is not obligated to give a statement or respond to any question posed by the authorized official, other than to give his own identity data. The authorized official shall inform the person about this right.

In taking statements from persons, the authorized official shall act in accordance with Article 78 of this
Code or in accordance with Article 86 of this Code. In that case, the records on the statements taken may be used as evidence in the criminal proceedings.

A person against whom any of the actions or measures referred to in this Article have been taken shall be entitled to file a complaint with the Prosecutor within a period of three (3) days. The Prosecutor shall verify the grounds of the allegations and if it is determined that the applied steps or measures contain the features of a criminal offense or a violation of the work obligation, the complaint shall be processed in accordance with the law.

The authorized official shall complete a criminal report based on the statements taken and evidence gathered. The criminal report shall be submitted along with physical articles, sketches, photographs, reports obtained, records of the measures and actions taken, official notes, statements taken and other materials, which could contribute to the effective conduct of proceedings, including all facts or evidence in favor of the suspect. If the authorized official learns of new facts, evidence or clues to the criminal offense after submitting the criminal report, they shall have a continuing duty to gather the necessary information and shall immediately submit a supplemental report to the Prosecutor.

The Prosecutor may take statements from persons in custody if this is necessary to detect other criminal offenses committed by the same person or his accomplices, or criminal offenses committed by other perpetrators.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XIX - INVESTIGATIVE PROCEDURE

Article 220 - Restriction of Movement at the Scene of the Crime

An authorized official has the right to restrict the movement and question persons found at the scene of a crime, if such persons could provide information important for the criminal proceedings. The authorized official shall be bound to inform the Prosecutor about the restriction of movement and questioning. Restriction of movement of such persons at the scene of a crime may not last more than six (6) hours.

An authorized official may photograph a person and take his fingerprints if there are grounds for suspicion that he has committed a criminal offense. When it will contribute to the effective conduct of proceedings, an authorized official may release the photograph of that person for general publication, but only with the approval of the Prosecutor.

If necessary to establish whose fingerprints are found on certain objects, the authorized official may take fingerprints from persons who have possibly touched those objects.

A person against whom any of the actions or measures referred to in this Article have been taken shall be entitled to file a complaint with the Prosecutor.

Article 221 - Investigation of the Crime Scene and Expert Evaluation

An authorized official, upon notifying the Prosecutor, shall proceed with the investigation of the crime scene and order the necessary expert evaluations, with the exception of medical examination, an autopsy and the exhumation of a corpse. If the Prosecutor is present at the crime scene while it is being investigated by authorized officials, he may direct authorized officials to perform certain actions that the Prosecutor considers necessary. All actions undertaken at the crime scene must be documented in detail by way of both a record and a separate official report.

Article 222

Medical Examination, Autopsy and Exhumation
If there is a suspicion or if it is evident that a death was caused by criminal offense or that it is related to the commission of a criminal offense the Prosecutor shall order the performance of a medical examination and an autopsy. If the corpse has already been buried, an exhumation of the corpse shall be ordered for the purpose of an examination and autopsy through a warrant that the Prosecutor shall request from the Court.
Article 223 -Preservation of Evidence by the Court

Whenever it is in the interest of justice that the witness’s testimony be taken in order to use it at the main trial because the witness may be unavailable to the Court during the trial, the preliminary proceedings judge may, upon the request of the parties or the defense attorney, order that the testimony of the witness in question be taken at special hearing. The special hearing shall be conducted in accordance with Article 262 of this Code.

Prior to using the witness statement referred to in Paragraph 1 of this Article, the party or the defense attorney requesting for the statement to be considered as evidence at the main trial, must prove that despite all efforts to secure the witness’s presence at the main trial, the witness remains unavailable.

The statement in question may not be used if the witness is present at the main trial.

If the parties or the defense attorney are of the opinion that a certain evidence may disappear or that the presentation of such evidence at the main trial may not be possible, the parties or the defense attorney shall propose to the preliminary proceedings judge to take necessary actions aimed at the preservation of evidence. If the preliminary proceedings judge accepts the proposal on taking actions of presentation of evidence, he shall inform the parties and defense attorney accordingly.

If the preliminary proceedings judge rejects the proposal referred to in Paragraphs 1 and 3 of this Article, he shall issue a decision that can be appealed against to the Panel referred to in Article 24(7) of this Code.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 3 – PREREQUISITES FOR HOLDING THE MAIN TRIAL

Article 249 - Failure of the Witness or the Expert to Appear at the Main Trial

If a witness or an expert was duly summoned but fails to appear and does not justify his absence, the judge or the presiding judge may order the witness or the expert to be brought in.

The judge or the presiding judge may fine the witness or the expert, who was duly summoned but failed to justify his absence, an amount up to 5.000 KM.

In the case referred to in Paragraph 1 of this Article, the judge or the presiding judge shall decide whether the main trial should be postponed.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 5 – MAIN TRIAL RECORD

Article 255 - Preservation of Physical Evidence

Physical evidence gathered during criminal proceedings shall be stored and preserved in the Court’s special room. The judge or the presiding judge may, at any time, issue an order concerning the control and disposition of the physical evidence.

A Minister of the competent Ministry of Bosnia and Herzegovina shall issue regulations in which the manner and conditions for preserving the physical evidence referred to in Paragraph 1 of this Article shall be determined.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 7 – EVIDENTIARY PROCEDURE

Article 267 - Protection of Witnesses from Insults, Threats and Attacks

The judge or the presiding judge is obligated to protect the witness from insults, threats and attacks.

The judge or the presiding judge shall warn or fine a participant in the proceedings or any other person who insults, threatens or jeopardizes the safety of the witness before the Court. In the case of the fine, provisions of Article 242(1) of this Code shall be applied.

In the case of a serious threat to a witness, the judge or the presiding judge shall inform the Prosecutor for the purpose of undertaking criminal prosecution.

At the petition of the parties or the defense attorney, the judge or the presiding judge shall order the police to undertake measures necessary to protect the witness.

Article 268 - Sanctions for Refusing to Testify

If a witness refuses to testify without providing a justified reason and after being warned of the consequences, the witness may be fined up to 30.000 KM.

(1) If the witness still refuses to testify, the witness may be imprisoned. The imprisonment shall last until the witness agrees to testify, or until his testimony becomes irrelevant, or until the completion of the criminal proceedings, but not longer than 30 days.

The Panel (Article 24(7) of this Code) shall decide on An appeal filed against the decision on fine or imprisonment. An appeal against the decision on fine and imprisonment shall not stay the execution of the decision.

Article 269 - Engagement of the Expert

The parties, the defense attorney and the Court may call for an expert.

Expenses of the expert referred to in Paragraph 1 of this Article shall be paid by the one who engaged the expert.

Article 270 - Examination of the Experts

(1) Before an examination of an expert, the judge or the presiding judge shall remind the expert of his duty to present his findings and opinion to the best of his knowledge and in accordance with his expertise and rules of his profession and shall warn him that the presentation of false findings and false opinions is a criminal offense.

The expert shall take an oath or affirmation prior to presenting his testimony.

The oath or affirmation shall be taken orally.

The text of the oath or affirmation is as follows: “I swear/affirm on my honor that I shall testify truthfully and shall present my findings and opinion accurately and completely.”

The written findings and opinion of the expert shall only be admitted as evidence if the expert in question testified at the main trial.

Article 271 - Discharging Witnesses and Experts

Witnesses and experts who have been examined by both parties and the defense attorney, or the Court, shall remain outside of the courtroom until the judge or presiding judge discharges them.
The judge or the presiding judge may order ex officio or on the motion of the parties or the defense attorney that examined witnesses and experts leave the courtroom and be subsequently recalled and reexamined in the presence of other witnesses and experts.

Article 272 -Examination out of the Court

If it is learned during the proceedings that a witness or expert is not able to appear before the Court or that his appearance would be of great difficulty, the judge or the presiding judge, if he deems the testimony of witness and expert important, may order that he be examined out of the Court. The judge or the presiding judge, the parties and the defense attorney shall be present at the examination, and the examination shall be conducted in accordance with Article 262 of this Code.

If the judge or the presiding judge finds it necessary, the examination of the witness may be carried out during a reconstruction of the criminal offense out of the Court. The judge or the presiding judge, the parties and the defense attorney shall be present at the reconstruction, and the examination shall be carried out in accordance with Article 262 of this Code.

The parties, defence attorney and injured party shall always be invited to attend the examination of witnesses or the reconstruction. The Examination shall be carried out as at the main trial in accordance with Article 262 of this Code.

If the judge or the presiding judge finds it necessary, the examination of minors as witnesses shall be carried out in accordance with Article 86(6) and Article 90 of this Code.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 7 – EVIDENTIARY PROCEDURE

Article 274 - Records on Evidence

Records concerning the crime scene investigation, the search of dwellings and persons, the forfeiture of things, books, records and other evidence, shall be introduced at the main trial in order to establish their content, and at the discretion of the judge or presiding judge, their content may be entered in the record in summarized version.

To prove the content of writing, recording or photograph, the original writing, recording or photograph is required, unless otherwise stipulated by this Code.

Notwithstanding Paragraph 2 of this Article, a certified copy of the original may be used as evidence or the copy verified as unchanged with respect to the original.

Evidence referred to in Paragraph 1 of this Article shall be read unless the parties and the defense attorney do not agree otherwise.

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.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART THREE – SPECIAL PROCEDURES

CHAPTER XXXI - PROCEDURE FOR ISSUANCE OF WARRANTS AND NOTIFICATIONS

Article 442 - Searching for Address

If the permanent or temporary residence of the suspect or the accused is not known, the Prosecutor or the Court shall, if necessary under the provisions of this Code, request that the police authorities search for the suspect or the accused and inform the Prosecutor or the Court of his address.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for
assistance under this paragraph from a State which is not a Party to this Statute.

Article 96
Contents of request for other forms of assistance under article 93
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.