CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 2 - Principle of Legality

The rules set forth in this Code shall provide for an innocent person to be acquitted and for a perpetrator of an offense to be convicted under the conditions provided by the Criminal Code of Bosnia and Herzegovina (hereinafter: the BiH CC) and other laws of the state of Bosnia and Herzegovina that prescribe criminal offenses and in the procedure stipulated by law.

Prior to the rendering of a final verdict the freedom and other rights of the suspect or accused may be limited only under the conditions set forth in this Code.

A criminal penalty with respect to the criminal offenses over which the Court has jurisdiction may be pronounced only by that Court in the proceedings instituted and conducted in accordance with this Code, unless otherwise specified under this Code.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER I - BASIC PRINCIPLES

Article 17 - Principle of Legality of Prosecution

The Prosecutor shall initiate prosecution if there is evidence that a criminal offense has been committed unless otherwise prescribed by this Code.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XVIII - MISCELLANEOUS PROVISIONS

Article 210 - Special Cases of Prosecution

In the event that a criminal offense was committed abroad, the prosecution may be initiated by the Prosecutor, provided that this criminal offense is envisaged under the law of Bosnia and Herzegovina.

In the event referred to in Paragraph 1 of this Article the Prosecutor shall undertake the criminal prosecution only if the offense committed is prescribed as the criminal offense under the laws of the country in whose territory the criminal offense was committed. Neither in that case shall the prosecution be undertaken, if under the laws of that country the prosecution is to be undertaken only upon the request of the injured party, whereas no such request has been filed by the injured party.

Notwithstanding the laws of the country where the criminal offense was committed, the Prosecutor may undertake the prosecution if such an act is a criminal offense against the integrity of Bosnia and Herzegovina or if that act is considered a criminal offense under the rules of international law.

Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.