CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART ONE - BASIC PROVISIONS
CHAPTER VII - DEFENSE ATTORNEY
Article 39- Right to a Defense Attorney
The suspect or accused shall be entitled to have a defense attorney throughout the course of the criminal proceedings.
Only a lawyer who fulfils the conditions set forth in the Law on the Court of Bosnia and Herzegovina may be engaged as a defense attorney.
If the suspect or accused does not himself hire a defense attorney, a defense attorney may be engaged for him by his legal representatives, spouse or extramarital partner, blood relatives in a direct line to any degree whatsoever, adoptive parents, adopted children, brothers, sisters or foster parents, if the suspect or the accused does not explicitly oppose it.
The defense attorney must submit his entry for appearance on the occasion of taking his first action in the proceedings.
Article 40 - Number of Defense Attorneys
Several suspects or accused may have one common defense attorney unless the attorney has been appointed by the Court in accordance with Article 45 and Article 46 of this Code.
A suspect or accused may have more than one defense attorneys, but only one of them shall have the status of primary defense attorney, and the suspect or accused shall decide which one shall it be. It shall be considered that the defense is represented when one of the defense attorneys is participating in the proceedings.
Article 41 - Persons who May Not Act as Defense Attorneys
An injured party, spouse or extramarital partner of the injured party or of the Prosecutor, or their blood relative in a direct line to whatever degree, in a lateral line to the fourth degree, or their relative by marriage to the second degree may not act as a defense attorney.
A person who has been duly summoned to the main trial as a witness may not act as a defense attorney.
A person who has acted as the judge or the Prosecutor in the instant case may not act as a defense attorney in the such case.
Fair trial standards
Rights during trial - legal assistance
Rights during investigation - legal assistance
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