CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 6 - Rights of a Suspect or Accused

The suspect or accused must be provided with an opportunity to make a statement regarding all the facts and evidence incriminating him and to present all facts and evidence in his favor.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 14 - Equality of Arms

(1) The Court shall treat the parties and the defence attorney equally and shall provide each with equal opportunities to access evidence and to present evidence at the main trial.

The Court, the Prosecutor and other bodies participating in the proceedings are bound to study and establish with equal attention facts that are exculpatory as well as inculpatory for the suspect or the accused.

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:

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;

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

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

Section 7 - EXECUTION OF CUSTODY AND PROCEDURE WITH PERSONS TAKEN INTO CUSTODY


Article 148 - Filing and Emendation of Submissions

Bills of indictment, motions, legal remedies and other statements and communications shall be submitted in writing or given orally for entry into the minutes.

A submission referred to in Paragraph 1 of this Article must be comprehensible and must contain all that is necessary in order to be acted upon.

Unless otherwise determined by this Code, the person filing a submission that is incomprehensible or does not contain all that is necessary for action on the submission, shall be summoned by the Court to correct or supplement the submission; should he not do so within a specified period, the Court shall reject the submission.

The summons to correct or to supplement the submission shall warn the person who filed the submission about the consequences of his failure to correct or to supplement it.

Article 149 - Delivery of the Submission to the Opposing Party

Submissions that under this Code must be delivered to the opposing party in the proceedings shall be delivered to the Court in a sufficient number of copies for the Court and the other party.
If the submissions referred to in Paragraph 1 of this Article have not been filed with the Court in a sufficient number of copies, the Court shall summon the submitting party to file a sufficient number of copies within a specified period of time. If the submitting party fails to act as ordered by the Court, the Court shall make the necessary number of copies at the expense of the submitting party.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XII – DEADLINES

Article 158 - Deadlines for Filing of Submissions

(1) The deadlines provided by this Code may not be extended unless explicitly allowed by this Code. If a deadline specified by this Code to protect the right to a defense and other process rights of the suspect or the accused, that deadline may be shortened at the request of the suspect or the accused, in writing, or verbally for the record before the Court.

When a statement must be made within a specified period of time, it shall be assumed that it has been made within the specified period of time if it has been given to the person authorized to receive it before the expiration of that period.

When a statement has been sent by registered mail, telegraph or other means of telecommunication, the date of mailing or sending shall be taken as the date of delivery to the person to whom it has been sent.

The suspect or the accused who is in pretrial custody may also make a time- limited statement for the record of the Court or deliver it to the administration of the prison, and a person who is serving a prison sentence or who is an inmate in some other institution because of a security measure or correctional measure may deliver such a statement to the administration of the institution in which he is an inmate. The day when the record was made or when the statement was delivered to the administration of the institution as applicable shall be taken as the date of delivery to the relevant receiving authority.

If, due to ignorance or an obvious mistake of the sender, a submission subject to a deadline has been delivered or sent to a Court with no jurisdiction in the matter prior to the expiration of the deadline, and the Court receives it after the expiration of the deadline, it shall be considered as submitted in time.

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.