CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XVIII - MISCELLANEOUS PROVISIONS

Article 206 - Procedure in Case of Mental Incapacity of the Suspect or the Accused

If in the course of the proceedings it is established that the suspect or the accused was mentally incapacitated at the time of committing the criminal offense, the Court shall render an appropriate decision in accordance with Article 389 of this Code.

Article 207 - Mental Disorder Suffered by the Suspect or Accused in the Course of the Proceedings

If in the course of criminal proceedings it is ascertained that after the criminal offense was committed the suspect, or the accused has become mentally ill, a decision shall be issued to the effect of adjourning criminal proceedings (Article 388).

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 389 - Procedure in Case of Mental Incompetence

(1) If the suspect committed a criminal offence in the state of mental incompetence and if there exist legally prescribed conditions for ordering mandatory placement in a health institution for seriously mentally incapacitated persons, the Prosecutor shall propose in the indictment that the Court establish that the suspect committed the unlawful act in a state of mental incompetence, and that he be issued a temporary order on mandatory placement in a health institution, with the health institution being so informed.

(2) Upon the reasoned proposal of the Prosecutor, the custody of the suspect or accused under Paragraph 1 above may be ordered for reasons under Article 132 of this Law. When custody of the suspect is ordered or extended, it shall be executed in a health institution for a period that may last as long as the reasons under Article 132 exist, but not longer than timelimits under Articles 135 and 137, paragraphs 2 and 3 of this Code, or until the temporary order on mandatory placement in a health institution has become final and binding.

(3) If, after the main trial has been completed the Court establishes that the accused committed the unlawful act in a state of mental incompetence, it shall pass a judgment stating that the accused committed the offence in a state of mental incompetence and shall issue a special decision ordering temporary and mandatory placement in a health institution for the duration of up to six (6) months.
The decision may be appealed, and such an appeal must be filed no later than 15 days of the delivery of the decision.

Once the decision referred to in Paragraph 3 of this Article has become final and binding, the Prosecutor shall, in accordance with the special legislation regulating the care for such persons, notify the competent court for the purpose of initiating proceedings for the mandatory placement of seriously mentally ill persons in a health institution. The medical documentation and final and binding decision on temporary mandatory placement in a health institution shall be submitted with this notification.
If, during the main trial, the evidence presented indicates that the accused committed the unlawful act in a state of full, reduced, or significantly reduced mental competence, the Prosecutor shall abandon the proposal referred to in Paragraph 1 of this Article, resume the proceedings and amend the indictment. In case of reduced or significantly reduced mental capacity, the Prosecutor may propose a security measure of mandatory psychiatric treatment, pronounced along with another criminal sanction.

Should the Court find that the accused was not in a state of mental incapacity at the time when the offence was committed, and the Prosecutor has not abandoned the proposal referred to in Paragraph 1 of this Article, the Court shall issue a judgment dismissing the charges.

After the proposal referred to in Paragraph 1 of this Article has been filed, the suspect or accused must have a defence attorney.

Article 31
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law