CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XV - EXECUTION OF DECISIONS

Article 182 - Doubts as to whether the Execution is Permissible

If doubts arise as to whether execution of a Court decision is permissible or as to the computation of a sentence, or if a final verdict fails to make a decision to credit pretrial custody or a previously served sentence, or the computing has not been done correctly, a decision shall be made on those points in a separate decision that shall be made by the judge or by the presiding judge of the Panel which tried the case in the first instance. An appeal shall not stay execution of the decision unless the Court specifies otherwise.

If doubt arises as to the interpretation of the Court decision, the ruling shall be made by the judge or by the Panel of judges that rendered the final decision.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXII - THE VERDICT

Section 2 – TYPES OF VERDICTS

Article 285 - Guilty Verdict

(1) In a guilty verdict, the Court shall pronounce the following:

the criminal offense for which the accused is found guilty along with a citation of the facts and circumstances that constitute the elements of the criminal offense and those on which the application of a particular provision of the Criminal Code depends;

the legal name of the criminal offense and the provisions of the Criminal Code that were applied;

the punishment to which the accused is sentenced or released from punishment under the provisions of the Criminal Code;

a decision on suspended sentence;

a decision on security measures and forfeiture of property gain and a decision on return of objects (Article 74) if such objects have not been returned to their owner or the possessor;

a decision crediting pretrial custody or time already served;

a decision on costs of criminal proceedings and on a claim under property law, and the decision that the legally binding verdict shall be announced in the press, or radio or television;

(2) If the accused has been fined, the verdict shall indicate the deadline for payment, or way to substitute the fine in case the accused fails to pay.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXII - THE VERDICT

Section 4 – WRITTEN PRODUCTION AND THE DELIVERY OF THE VERDICT

Article 290 - The Contents of the Verdict

If the accused has been sentenced to punishment, the reasoning shall state the circumstances the Court considered in fashioning the punishment. The Court shall specifically present the reasons which guided the Court when it decided that the punishment should be mitigated or the accused acquitted, or when the Court has imposed a suspended sentence or a security measure or forfeiture of property gain.

If the accused is acquitted of the charge, the reasoning shall specifically state on what grounds referred to in Article 284 of this Code the acquittal is based.

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

Article 334 - General Provision

For criminal offenses for which the law prescribes a prison sentence up to five (5) years or a fine as the main sentence, for which the Prosecutor has gathered enough evidence to provide grounds for the Prosecutor’s allegation that the suspect has committed the criminal offense, the Prosecutor may request, in the indictment, from the Court to issue a sentencing warrant in which a certain sentence or measure shall be imposed on the accused without holding the main hearing.

The Prosecutor may request one or more of the following criminal sanctions or measures to be imposed: fine, suspended sentence or security measures, ban on carrying out a certain activity or duty, forfeiture of items as well as forfeiture of material gain acquired by the criminal offence.

A fine may be requested in an amount that shall not exceed 50.000 KM.