CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART ONE - BASIC PROVISIONS
CHAPTER I - BASIC PRINCIPLES
Article 10 - Unlawful Evidence
It shall be forbidden to extort a confession or any other statement from the suspect, the accused or any other participant in the proceedings.
The Court shall not base its decision on evidence obtained through violation of human rights and freedoms prescribed by the Constitution and international treaties ratified by Bosnia and Herzegovina, or on evidence obtained through essential violation of this Code.
The Court may not base its decision on evidence derived from the evidence referred to in Paragraph 2 of this Article.
Article 11 - Right to Compensation and Rehabilitation
A person who has been unjustifiably convicted of a criminal offense or deprived of liberty without valid grounds shall have the right to rehabilitation, indemnification from within the budget, as well as other rights as stipulated by law.
Article 12 - Instruction on Rights
The Court, Prosecutor and other bodies participating in the proceeding shall instruct the suspect or the accused or any other participant in the criminal proceedings, who could, out of ignorance, fail to carry out a certain action in the proceeding or fail to exercise his rights, of his rights under this Code and the consequences of such failure to act.
Article 13 - Right to Trial without Delay
The suspect or accused shall be entitled to be brought before the Court within the shortest reasonable time period and to be tried without delay.
The Court shall also be bound to conduct the proceedings without delay and to prevent any abuse of the rights of any participant in the criminal proceedings.
The duration of custody must be reduced to the shortest necessary time.
Article 14 - Equality of Arms
(1) The Court shall treat the parties and the defence attorney equally and shall provide each with equal opportunities to access evidence and to present evidence at the main trial.
The Court, the Prosecutor and other bodies participating in the proceedings are bound to study and establish with equal attention facts that are exculpatory as well as inculpatory for the suspect or the accused.
Article 15 - Free Evaluation of Evidence
The right of the Court, Prosecutor and other bodies participating in the criminal proceedings to evaluate the existence or non-existence of facts shall not be related or limited to special formal evidentiary rules.
Article 16 - Accusatory Principle
Criminal proceedings may only be initiated and conducted upon the motion of the Prosecutor.
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.
Article 18 - Consequences of Initiation of the Proceedings
When it is prescribed that the initiation of criminal proceedings entails the restriction of certain rights, such restrictions, unless this Code specifies otherwise, shall commence upon the confirmation of the indictment. As for the criminal offenses for which the principal penalty prescribed is a fine or imprisonment up to five (5) years, those consequences shall commence as of the day the verdict of guilty is rendered, regardless of whether the verdict has become final.
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