CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART ONE - BASIC PROVISIONS
CHAPTER V - DISQUALIFICATION
Article 29 - Reasons for Disqualification
A judge cannot perform his duties as judge if:
he is personally injured by the offense;
if the suspect or accused, his defense attorney, the Prosecutor, the injured party, his legal representative or power of attorney is his spouse or extramarital partner or direct blood relative to any degree whatsoever, and in a lateral line to the fourth degree, or relative by marriage to the second degree;
if he is a guardian, ward, adoptive parent, adopted child, foster parent or foster child with respect to the suspect or accused, his defense attorney, the Prosecutor or the injured party;
if he has participated in the same case as the preliminary proceeding judge or preliminary hearing judge or if he participated in the proceedings as prosecutor, defense attorney, his legal representative or power of attorney of the injured party or if he was heard as a witness or expert witness;
if, in the same case, he participated in rendering a decision contested by a legal remedy;
if circumstances exist that raise a reasonable suspicion as to his impartiality.
Article 30 - Disqualification upon the Petition of the Parties or Defence Attorney
The parties and the defense attorney may seek disqualification of the President of the Court and of the judge.
The petition referred to in Paragraph 1 of this Article may be filed before the beginning of the main trial, and if a reason for disqualification referred to in Article 29 subparagraphs a) through e) of this Code has been learned of subsequently, the petition shall be filed as soon as the reason has become known.
The parties and defense attorney may file a petition for disqualification of a judge of the Panel of the Appellate Division in the appeal or in an answer to the appeal.
The parties or the defense attorney may seek to disqualify only a particular judge acting in the case.
In the petition, a party or defense attorney shall set forth the facts and circumstances justifying disqualification. The reasons stated in a previous petition for disqualification that was refused may not be included in the petition for disqualification.
Article 31 - Disqualification Procedure
As soon as a judge learns of any of the reasons for his disqualification referred to in Article 29 subparagraphs a) to e) of this Code, he shall be bound to interrupt any work on the case and inform the President of the Court. If the judge believes that circumstances referred to in Article 29 Subparagraph f) exist, he shall inform the President of the Court accordingly.
The Court in plenary session shall decide on disqualification and replacement in the case referred to in Paragraph 1 of this Article as well as in the case of disqualification of the President of the Court.
Article 32 - Decision on the Petition for Disqualification
The Court in plenary session shall decide the petition for disqualification referred to in Article 30 of this Code. Before rendering a decision on disqualification, a statement shall be taken from the judge or President of the Court and if required other investigations shall be conducted.
No appeal shall be permissible against a decision upholding or rejecting the petition for disqualification.
If the petition for disqualification referred to in Article 29 Subparagraph f) of this Code was submitted after the beginning of the main trial or if actions were taken contrary to the provision of Article 30 (4) or (5) of this Code, the petition shall be rejected in whole or in part. The decision rejecting the petition shall be issued by the Panel. The judge whose disqualification is required may not participate in the issuance of that decision. No appeal shall be permissible against the decision rejecting the petition.
Article 33 - Validity of Actions Taken after Filing of the Petition for Disqualification
When a judge learns that a petition has been filed for his disqualification, he shall be bound immediately to cease all work on the case and, if the issue is disqualification referred to in Article 29 Subparagraph f) of this Code, until issuance of a decision upon the petition he may take only those actions whose delay poses a risk.
Article 34 - Disqualification of the Prosecutor and Other Participants in the Proceedings
The provisions on disqualification of a judge shall accordingly be applied to the Prosecutor and persons authorized to represent the Prosecutor in the proceedings, record keepers, court interpreters and specialists as well as to expert witnesses, unless otherwise regulated.
The Prosecutor shall decide the disqualification of persons who pursuant to the law are authorized to represent him in criminal proceedings. The Collegium of the Prosecutor’s Office shall decide the disqualification of the Prosecutor.
The Panel, Presiding judge or judge, and, before the indictment is filed, the Prosecutor, shall decide on the disqualification of record keepers, court interpreters and specialists as well as expert witnesses.
When authorized officials take investigative actions pursuant to this Code the Prosecutor shall decide their disqualification. An authorized official taking the actions shall decide the disqualification of the record keeper if the latter participates in such actions.
EDIT.