CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XX - INDICTMENT PROCEDURE

Article 229 - Guilty or not Guilty Plea

A plea of guilty or not guilty shall be entered before the preliminary hearing judge in the presence of the Prosecutor and the defence attorney. Before entering a plea of guilty or not guilty, the accused shall be informed about all possible consequences of the plea in terms of Article 230(1) of this Code. In case the accused does not have a defence attorney, the preliminary hearing judge shall check whether the accused understands the consequences of the plea and whether the conditions are met for the appointment of defence attorney in accordance with Article 45(5) and Article 46 of this Code. The Plea and the instructions given shall be entered into the record. If the accused fails to enter a plea, the preliminary hearing judge shall, ex officio, note for the record that the accused has entered a plea of not guilty.

If the accused enters a plea of guilty, the preliminary hearing judge shall refer the case to the judge or the Panel for scheduling a hearing to determine whether the conditions referred to in Article 230 of this Code are met.

A plea of not guilty shall not be held against the accused in fashioning a sentence if the accused is found guilty at the trial or subsequently changes his plea from not guilty to guilty.

After entering a plea of not guilty into the record, the preliminary hearing judge shall refer the case to the judge or the Panel that has been assigned to try the case so that they can schedule the trial, while the evidence supporting the indictment shall be returned to the Prosecutor. The main trial shall be scheduled within 30 days of the day the accused entered his plea. In exceptional cases, this deadline may be extended for additional 30 days.

Article 230 - Deliberation on the Guilty Plea

(1) In the course of deliberation on the plea of guilty, the Court must ensure the following:

a) that the plea of guilty was entered voluntarily, consciously and with understanding,that the accused was informed and understood that by his guilty plea he waives the right to trial,

b) that there is enough evidence of the guilt of the accused,

c) that the accused was informed of and understood the possible consequences in relation to the claim under property law and the forfeiture of property gain obtained by commission of the criminal offense,that the accused was informed of the decision on the reimbursement of the expenses of the criminal proceedings and that the accused may be relieved of the duty to reimburse as referred to in Article 188(4) of this Code.

(2) If the Court accepts the plea of guilty, the plea of the accused shall be entered into the record and the Court shall continue with the hearing to pronounce the sentence.

(3) If the Court rejects the plea of guilty, the Court shall accordingly inform the parties to the proceedings and the defense attorney, and enter for the record that the plea was rejected. The Statement on the admission of guilt shall be inadmissible as evidence in the further course of the criminal proceedings.

Article 231 - Plea Bargaining

(1) The suspect or the accused and the defense attorney may negotiate with the Prosecutor about the conditions of admitting guilt for the criminal offence with which the suspect or the accused is charged, until the completion of the main trial or the appellate proceedings.

(2) A plea agreement shall not be entered into if the accused pled guilty at the plea hearing.

(3) In plea bargaining with the suspect or the accused and his defence attorney on the admission of guilt pursuant to Paragraph 1 of this Article, the Prosecutor may propose an imprisonment sentence below the legally prescribed minimum or a more lenient criminal sanction for the suspect or accused in accordance with the Criminal Code.

(4) The plea agreement shall be made in writing and shall be delivered along with the indictment to The preliminary hearing judge, the judge or the Panel. After the confirmation of the indictment, the preliminary hearing judge shall take the agreement under advisement and pronounce the criminal sanction, until the case has been submitted to the judge or the Panel for the purpose of scheduling the main trial. After the case has been submitted for the purpose of scheduling the main trial, the judge or the Panel shall decide on the agreement.

(5) The preliminary hearing judge, the judge or the Panel may accept or reject the agreement.

(6) In the course of deliberation about the plea agreement the Court must examine the following:
whether the plea agreement was entered voluntarily, consciously and with understanding, and that the accused has been informed of the possible consequences, including satisfaction of the claims under property law, forfeiture of property gain obtained by commission of the criminal offense and reimbursement of the expenses of the criminal proceedings;

whether there is enough evidence of the guilt of the accused;

whether the accused understands that by the agreement on the admission of guilt he waives his right to trial, and that he may not appeal the criminal sanction imposed,

a) whether the imposed sanction is in accordance with Paragraph 3 of this Article,

b) whether the injured party was given an opportunity before the Prosecutor to state his position regarding the claim under property law.

(7) If the Court accepts the plea agreement, the statement of the accused shall be entered into the record and the Court shall continue with the hearing for the pronouncement of the sentence foreseen by the agreement.

(8) If the Court rejects the plea agreement, the Court shall accordingly inform the parties to the proceedings and the defense attorney and enter for the record that the plea was rejected. At the same time, the date of the main trial shall be determined. The main trial shall be scheduled within 30 days. The admission of guilt from this plea agreement shall be inadmissible as evidence in the criminal proceedings.

(9) The Court shall inform the injured party about the results of the plea bargaining.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 7 – EVIDENTIARY PROCEDURE

Article 265 - The Consequences of Accused’s Confession

If a confession of the accused during the main trail is complete and in accordance with previously presented evidence, then, in the evidentiary proceeding, only evidence related to the decision on criminal sanction shall be presented.

Article 337 - Issuance of the Sentencing Warrant

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

PART THREE – SPECIAL PROCEDURES

CHAPTER XXV - PROCEDURE FOR ISSUING THE SENTENCING WARRANT

If the accused pleads guilty, and accepts the sentence or measure proposed in the indictment, the judge shall first establish the guilt of the accused and than shall issue a sentencing warrant in accordance with the indictment.