Bosnia and Herzegovina

Criminal Procedure Code of Bosnia and Herzegovina

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 1 - SEARCH OF DWELLINGS OR OTHER PREMISES AND PERSONS

Article 57 - The Issuance of a Search Warrant

If the preliminary proceedings judge determines that the request for a search warrant is justified, he shall grant the request and issue a search warrant.

When the preliminary proceedings judge decides to issue a search warrant based upon an oral request, the applicant shall draft the warrant in accordance with Article 58 of this Code, and shall read it, verbatim, to the preliminary proceeding judge.

Article 58 - Contents of a Search Warrant

A search warrant must contain:

name of the issuing Court and, except where the search warrant has been obtained through an oral request, the signature of the preliminary proceedings judge who is issuing the warrant;

where the search warrant has been obtained through an oral request, it shall so indicate and it shall
state the name of the issuing preliminary proceedings judge and the time, date and place of issuance;

name, department or rank of the authorized official to whom it is addressed;

purpose of the search;

description of the person being sought or description of the property that is the subject of the search
designation or description of the dwelling or other premises or person to be searched, by indicating the
address, ownership, name or any similar data required for positive identification;

direction that the warrant be executed between hours of 6:00 A.M. and 9:00 P.M., or, where the Court has specifically so determined, an authorization for execution thereof at any time of the day;

an authorization, where the Court has specifically determined, for the executing authorized official to enter the premises to be searched without giving prior notice;

a direction that the warrant and any property seized pursuant thereto be delivered to the Court without delay;

an instruction that the suspect is entitled to notify the defense attorney and that the search may be executed without the presence of the defense attorney if required by the extraordinary circumstances.

Keywords

Contents of request - other forms of assistance
Contents of request - national law requirements
Request for other forms of cooperation



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