CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XV - EXECUTION OF DECISIONS

Article 180 - Execution of an Order Concerning the Costs of Proceedings and Forfeiture of Items

With respect to the costs of criminal proceedings, forfeiture of property gain and claims under property law, the verdict shall be executed by the Court under the provisions that apply to judicial enforcement procedure and that apply on the territory where the delivery of order is to be carried out.

Forcible collection of the costs of criminal proceedings credited to the budget of Bosnia and Herzegovina shall be done ex officio. The costs of forcible collection shall be credited first from the Court budgetary appropriations.

If the verdict pronounces the security measure of forfeiture of items, the Court shall decide whether it wishes those articles to be sold under the provisions applicable to judicial enforcement procedure, turned over to the criminology museum or some other institution, or destroyed. The proceeds obtained from sale of such articles shall be credited to the budget of Bosnia and Herzegovina.

The provision of Paragraph 3 of this Article shall also be applied accordingly when a decision is made to forfeit property on the basis of Article 391 of this Code.

Aside from the case of retrial of the criminal case, a final order to forfeit items may be amended in a civil action if a dispute arises as to the ownership of the items forfeited.

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 391 - Forfeiture of Items

(1) The items that need to be forfeited under the Criminal Code of Bosnia and Herzegovina shall be forfeited also when the criminal proceedings were not completed by a verdict finding the accused guilty, if so required by the interests of general security and ethics, on which A separate decision shall be issued.

The decision referred to in Paragraph 1 of this Article shall be issued by the judge or Panel at the moment when the proceedings are completed or dismissed.

The decision on the forfeiture of items referred to in Paragraph 1 of this Article shall be issued by the judge or Panel if the verdict finding the accused guilty does not include such a decision.

A certified copy of the decision on forfeiture of items shall be delivered to the owner of the items concerned if the owner is known.

The owner of the items may appeal the decision referred to in Paragraphs 1, 2 and 3 of this Article on the ground of the lack of a legal basis for forfeiture of items.

Article 392 - Forfeiture of Property Gain Obtained by Commission of Criminal Offense

The property gain obtained by commission of a criminal offense shall be established in a criminal procedure ex officio.

The Prosecutor shall be obligated to collect evidence during the procedure and examine the circumstances that are important for the establishment of the property gain obtained by commission of a criminal offense.

If the injured party submitted a claim under property law for repossession of items obtained through a criminal offense, or the amount that is equivalent to the value of such items, the property gain shall be established only in the part that is not included in the claim under property law.

Article 393 - Procedure for Forfeiture of Property Gain Obtained by Commission of Criminal Offense

When the forfeiture of property gain obtained through a criminal offense is a possibility, the person to whom the property gain is transferred and the representative of the legal person shall be summoned to the main trail for hearing. They shall be warned in the subpoena that the procedure shall be conducted without their presence.

A representative of the legal person shall be heard at the main trial after the accused. The same procedure shall apply to the person to whom the property gain was transferred if that person is not summoned as a witness.

The person to whom the property gain is transferred as well as the representative of legal person shall be authorised to propose evidence in relation to the establishment of property gain and to question the accused, witnesses and expert witnesses upon approval by the judge or the presiding judge.

The exclusion of the public at the main trial shall not refer to the person to whom the property gain is transferred and the representative of the legal person.

If during the main trial the Court establishes that the forfeiture of property gain is a possibility, the Court shall adjourn the main trial and shall summon the person to whom the property gain was transferred, and a representative of the legal person.

Article 394 - Establishment of Property Gain Obtained by Commission of Criminal Offense

The Court shall establish the value of property gain by a free estimate if the establishment would be linked to disproportional difficulties or a significant delay of the procedure.

Article 395 - Temporary Security Measures

When the forfeiture of property gain obtained by commission of criminal offense is a possibility, the Court shall ex officio and under the provisions applicable to the judicial enforcement procedure define temporary security measures. In that case, the provisions of Article 202 of this Code shall apply.

Article 396 - The Contents of the Decision That Pronounces a Measure of Forfeiture of Property Gain

The forfeiture of property gain obtained by commission of criminal offense may be pronounced by Court in a verdict by which the accused is declared guilty, in a ruling on application of a correctional measure and in a proceeding referrer to in Article 389 of this Code.

In the operative part of the verdict or decision, the Court shall indicate what item or amount of money is to be forfeited.

A certified copy of the verdict or the ruling shall also be delivered to the person to whom the property gain is transferred and to the representative of the legal person, if the Court pronounced the forfeiture of property gain from that person.

Article 397 - Request for a Renewed Procedure With Respect to the Measure of Forfeiture of Property Gain

The person referred to in Article 393 of this Code may file a request for a renewed criminal proceeding related to the decision on forfeiture of property gain obtained by commission of criminal offense.

Article 398 - The Appropriate Application of the Provisions Regarding an Appeal

The provisions of Articles 294(2) and (3) and Articles 302 and 317 of this Code shall be applied appropriately in reference to the appeal against the decision on forfeiture of property gain.

Article 399 - The Appropriate Application of Other Provisions of the Law

If the provisions of this Chapter do not stipulate otherwise, the procedure for application of security measures or forfeiture of property gain obtained by commission of criminal offense, other relevant provisions of this Code shall be applied appropriately.

Article 400 - Procedure to Revoke Suspended Sentence

When a suspended conviction provides that a sentence will be executed if a convicted persons fails to return property gain obtained by commission of criminal offense, to compensate a damage or to meet other obligations, and the convicted person has failed to do so, the Court shall conduct proceedings to revoke the suspended sentence at the proposal of the Prosecutor or ex officio.

The Court shall be obligated to schedule a hearing in order to establish facts, to which it shall summon the Prosecutor, convicted person and injured party.

If the Court establishes that the convicted person failed to meet the obligations ordered in the verdict, it shall issue a verdict revoking the suspended sentence and order the execution of the sentence, or extend the deadline for compliance with the obligation, or replace the obligation with another corresponding obligation, or relieve the convicted person of complying with the obligation. If the Court finds that there are no grounds to take any of the decisions, it shall issue a procedural decision revoking the suspended sentence.