Bosnia and Herzegovina

Criminal Procedure Code of Bosnia and Herzegovina

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VII - DEFENSE ATTORNEY

Article 42 - Disqualification of a Defense Attorney

Grounds for disqualification shall also exist for a defense attorney misusing a contact with the suspect or accused in custody to the effect that the suspect or accused commits a criminal offense or threatens the security of a prison where custody takes place.

In the event referred to in Paragraph 1 of this Article, the suspect or accused shall be requested to hire another defense attorney within given deadline.

If the suspect or the accused in cases of mandatory defense fails to retain a defense attorney or the defense attorney fails to be retained by the persons referred to in Article 39(3) of this Code, the procedure provided under Article 45(4) of this Code shall be followed.

In cases referred to in Paragraphs 2 and 3 of this Article, the new defense attorney shall be given enough time to prepare his defense for the suspect or the accused.

During the disqualification, the defense attorney shall not be allowed to defend the suspect or the accused in another proceeding. The defense attorney shall not be allowed to defend other suspects or accused persons in the same or in separated proceedings.

Keywords

Fair trial standards
Rights during trial - legal assistance
Rights during investigation - legal assistance
Rights during trial - adequate preparation of defence



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