CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VII - DEFENSE ATTORNEY

Article 39- Right to a Defense Attorney

The suspect or accused shall be entitled to have a defense attorney throughout the course of the criminal proceedings.

Only a lawyer who fulfils the conditions set forth in the Law on the Court of Bosnia and Herzegovina may be engaged as a defense attorney.

If the suspect or accused does not himself hire a defense attorney, a defense attorney may be engaged for him by his legal representatives, spouse or extramarital partner, blood relatives in a direct line to any degree whatsoever, adoptive parents, adopted children, brothers, sisters or foster parents, if the suspect or the accused does not explicitly oppose it.

The defense attorney must submit his entry for appearance on the occasion of taking his first action in the proceedings.

Article 40 - Number of Defense Attorneys

Several suspects or accused may have one common defense attorney unless the attorney has been appointed by the Court in accordance with Article 45 and Article 46 of this Code.

A suspect or accused may have more than one defense attorneys, but only one of them shall have the status of primary defense attorney, and the suspect or accused shall decide which one shall it be. It shall be considered that the defense is represented when one of the defense attorneys is participating in the proceedings.

Article 41 - Persons who May Not Act as Defense Attorneys

An injured party, spouse or extramarital partner of the injured party or of the Prosecutor, or their blood relative in a direct line to whatever degree, in a lateral line to the fourth degree, or their relative by marriage to the second degree may not act as a defense attorney.

A person who has been duly summoned to the main trial as a witness may not act as a defense attorney.

A person who has acted as the judge or the Prosecutor in the instant case may not act as a defense attorney in the such case.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VII - DEFENSE ATTORNEY

Article 42 - Disqualification of a Defense Attorney

Grounds for disqualification shall also exist for a defense attorney misusing a contact with the suspect or accused in custody to the effect that the suspect or accused commits a criminal offense or threatens the security of a prison where custody takes place.

In the event referred to in Paragraph 1 of this Article, the suspect or accused shall be requested to hire another defense attorney within given deadline.

If the suspect or the accused in cases of mandatory defense fails to retain a defense attorney or the defense attorney fails to be retained by the persons referred to in Article 39(3) of this Code, the procedure provided under Article 45(4) of this Code shall be followed.

In cases referred to in Paragraphs 2 and 3 of this Article, the new defense attorney shall be given enough time to prepare his defense for the suspect or the accused.

During the disqualification, the defense attorney shall not be allowed to defend the suspect or the accused in another proceeding. The defense attorney shall not be allowed to defend other suspects or accused persons in the same or in separated proceedings.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 4 - QUESTIONING OF THE SUSPECT

Article 78 - Instructing the Suspect on His Rights

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 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;

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it