CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART ONE - BASIC PROVISIONS
CHAPTER IX - SPECIAL INVESTIGATIVE ACTIONS
Article 116 - Types of Special Investigative Actions and Conditions of Their Application
(1) If evidence cannot be obtained in another way or its obtaining would be accompanied by disproportional difficulties, special investigative measures may be ordered against a person against whom there are grounds for suspicion that he has committed or has along with other persons taken part in committing or is participating in the commission of an offense referred to in Article 117 of this Code.
(2) Measures referred to in Paragraph 1 of this Article are as follows:
surveillance and technical recording of telecommunications;
access to the computer systems and computerized data processing;
surveillance and technical recording of premises;
covert following and technical recording of individuals, means of transport and objects related to them;
undercover investigators and informants;
simulated and controlled purchase of certain objects and simulated bribery;
supervised transport and delivery of objects of criminal offense.
(3) Measures referred to in Subparagraph a) of Paragraph 2 of this Article may also be ordered against a person against whom there are grounds for suspicion that he will deliver to the perpetrator or will receive from the perpetrator of the offense referred to in Article 117 of this Code information in relation to the offense, or grounds for suspicion that the perpetrator uses a telecommunication device belonging to that person.
(4) Provisions regarding the communication between the suspect and his or her defense attorney shall apply accordingly to the discourse between the person referred to in Paragraph 1 of this Article and his or her defense attorney.
(5) In executing the measures referred to in Subparagraphs e) and f) of Paragraph 2 of this Article police authorities or other persons shall not undertake activities that constitute an incitement to commit a criminal offense. If nevertheless such activities are undertaken, this shall be an instance precluding the criminal prosecution against the incited person for a criminal offense committed in relation to those measures.
(6) An undercover investigator is a specially trained and authorised officer who conducts an investigation under an assumed identity. The undercover investigator may participate in legal transactions under his or her assumed identity. Relevant documents may be issued, changed, or used if necessary to establish and maintain such an assumed identity.
Article 117 - Criminal Offenses as to Which Special Investigative Measures May Be Ordered
Measures referred to in Article 116(2) of this Code may be ordered for following criminal offenses:
criminal offenses against the integrity of Bosnia and Herzegovina;
criminal offenses against humanity and values protected under international law;
criminal offenses of terrorism;
criminal offenses for which, pursuant to the law, a prison sentence of three (3) years or more may be pronounced.
Article 118 - Competence to Order the Measures and the Duration of the Measures
(1) Measures referred to in Article 116(2) of this Code shall be ordered by the preliminary proceedings judge in an order upon the properly reasoned motion of the Prosecutor containing: the data on the person against which the measure is to be applied, the grounds for suspicion referred to in Article 116(1) and (3) of this Code, the reasons for its undertaking and other important circumstances necessitating the application of the measures, the reference to the type of required measure and the method of its implementation and the extent and duration of the measure. The order shall contain the same data as those featured in the Prosecutor’s motion as well as ascertainment of the duration of the ordered measure.
Exceptionally, if a written order cannot be received in due time and if delay poses a risk, the execution of a measure referred to in Article 116 of this Code may commence on the basis of a verbal order pronounced by the preliminary proceedings judge. The written order of the preliminary proceedings judge must be obtained within 24 hours following the issue of the verbal order.
Measures referred to in Subparagraphs a) through d) and g) Article 116(2) of this Code may last up to one (1) month, while on account of particularly important reasons the duration of such measures may upon the properly reasoned motion of the Prosecutor be prolonged for a term of another month, provided that the measures referred to in Subparagraphs a), b) and c) last up to six (6) months in total, while the measures referred to in Subparagraphs d) and g) last up to three (3) months in total.
The motion as to the measure referred to in Article 116(2)(f) may refer only to a single act, whereas the motion as to each subsequent measure against the same person must contain a statement of reasons justifying its application.
The order of the preliminary proceeding judge and the motion of the Prosecutor referred to in Paragraph 1 of this Article shall be kept in a separate envelope. By compiling or transcribing the records without making references to the personal data therein about the undercover investigator and informant, or in another appropriate way, the Prosecutor and the preliminary proceedings judge shall prevent unauthorized persons as well as the suspect and his defense attorney from establishing the identity of the undercover investigator and of informant.
By way of a written order the preliminary proceedings judge must suspend forthwith the execution of the undertaken measures if the reasons for previously ordering the measures have ceased to exist.
The orders referred to in Paragraph 1 of this Article shall be executed by the police authorities. The companies performing the transmission of information shall be bound to enable the Prosecutor and police authorities to enforce the measures referred to in Article 116(2)(a) of this Code.
Article 119 - Materials Received through the Measures and Notification of the Measures Undertaken
Upon the completion of the application of the measures referred to in Article 116 of this Code, all information, data and objects obtained through the application of the measures as well as a report must be submitted by police authorities to the Prosecutor. The Prosecutor shall be bound to provide the preliminary proceedings judge with a written report on the measures undertaken. On the basis of the submitted report the preliminary proceedings judge shall evaluate the compliance with his order.
Should the Prosecutor refrain from prosecution, or should the data and information obtained through the application of the ordered measures not be needed for the criminal proceedings, they shall be destroyed under the supervision of the preliminary proceedings judge, of which event he shall make separate records. The person against whom any of the measures referred to in Article 116(2) of this Code were undertaken, shall be notified in writing of the undertaking of the measures, the reasons for their undertaking, information stating that the received material did not constitute sufficient grounds for criminal prosecution and was thereafter destroyed.
The preliminary proceedings judge shall forthwith and following the undertaking of the measures referred to under Article 116 of this Code inform the person against whom the measures were undertaken. That person may request from the Court a review of legality of the order and of the method by which the order was enforced.
Data and information received through the undertaking of the measures referred to in Article 116(2) of this Code shall be kept as long as the court file is being kept.
Article 120 -“Incidental Findings”
No data or information received through the undertaking of actions referred to in Article 116 of this Code shall be used as evidence if they are not related to a criminal offense referred to in Article 117 of this Code.
Article 121 - Acting Without the Court Order or Beyond Its Extent
If the measures referred to in Article 116 of this Code have been undertaken without the order of the preliminary proceedings judge or against the same, the Court cannot base its decision on the data or evidence thereby obtained.
Article 122 - Use of Evidence Obtained through the Undertaking of Special Measures
Technical recordings, documents and objects obtained as provided under the conditions and in the manner prescribed by this Code may be used as evidence in the criminal proceedings. The undercover investigator and informant referred to in Article 116(2)e) and the persons who have undertaken the measures referred to in Article 116(2)f) of this Code may be questioned as witnesses or as protected witnesses on the course of the measures or on other relevant circumstances.
Other forms of cooperation
National procedures for execution of requests for other forms of cooperation
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