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 2 - SEIZURE OF OBJECTS AND PROPERTY

Article 65 - Order for Seizure of Objects

Objects that are the subject of seizure pursuant to the Criminal Code or that may be used as evidence in the criminal proceedings shall be seized temporarily and their custody shall be secured pursuant to a Court decision.

The seizure warrant shall be issued by the Court on the motion of the Prosecutor or on the motion of authorized officials who have been approved by the Prosecutor.

The seizure warrant shall contain the name of the Court, legal grounds for undertaking the action of seizure of objects, indication of the objects that are the subject of seizure, the name of the person from whom objects are to be seized, and the timeframe within which the objects are to be seized.
The authorized official shall seize objects on the basis of the issued warrant.

Anyone in possession of such objects must turn them over at the order of the Court. A person who refuses to surrender articles may be fined in an amount up to 50.000 KM, and may be imprisoned if he persists in his refusal. Imprisonment shall last until the article is surrendered or until the end of criminal proceedings, but no longer than 90 days. An official or responsible person in a state body or a legal entity shall be dealt with in the same manner.

The provisions of Paragraph 5 of this Article shall also apply to the data stored in devices for automated or electronic data processing. In obtaining such data, special care shall be taken with respect to regulations governing the maintenance of confidentiality of certain data.

An appeal against a decision on fine or on imprisonment shall be decided by the Panel. An appeal against the decision on imprisonment shall not stay execution of the decision.

When articles are seized, a note shall be made of the place where they were found, and they shall be described, and if necessary, establishment of their identity shall also be provided for in some other manner. A receipt shall be issued for articles seized.

measures referred to in Paragraph 5 and 6 of this article may not be applied to the suspect, or the accused or to persons who are exempt from the duty to testify.

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