CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART ONE - BASIC PROVISIONS
CHAPTER X - MEASURES TO GUARANTEE THE PRESENCE OF A SUSPECT OR ACCUSED AND SUCCESSFUL CONDUCT OF CRIMINAL PROCEEDINGS
Section 1 - GENERAL PROVISIONS
Article 123 - Types of Measures
Measures that may be taken against the accused in order to secure his presence and successful conduct of the criminal proceedings shall be: summons, apprehension, prohibiting measures, bail and custody.
When deciding which of the above mentioned measures is to be applied, the competent body shall meet certain conditions for application of the measures, attempting not to apply more severe measure if the same effect can be achieved by application of a less severe measure.
These measures shall also be cancelled ex officio immediately after the reasons for their application cease to exist, or they shall be replaced with a less severe measure when the conditions for it are created.
The provision of this Chapter shall be applied to the suspect as well, as appropriate.
Section 2 – SUMMONS
Article 124 - Service and Contents of Summons
The presence of the suspect for the execution of an action in the criminal proceedings shall be ensured through the summons.
A summons shall be served by delivering a sealed written summons containing the following: the name of the body issuing the summons, the first and last name of the accused, the criminal offense with which he is charged, the place where the accused is to appear, the date and hour when he is to appear, an indication that he is being summoned as accused, and a warning that he will be apprehended should he fail to appear, that he must immediately inform the Prosecutor or the Court of the change of the address and of the intention to change the residence, the official stamp, and the signature of the Prosecutor or the judge issuing the summons.
The first time an accused is summoned, he shall be instructed of his right to engage a defense attorney who may be present at his questioning.
The first time a suspect is summoned, in the summons he shall be informed about his rights as specified in Article 78 of this Code. Before the issuance of the indictment, the suspect shall be summoned by the Prosecutor.
If the accused is unable to answer the summons because of illness or other impediment that cannot be removed, he shall be examined where he is or shall be provided transportation to the Courthouse or any other place where the proceeding is to be conducted.
Section 3 - APPREHENSION
Article 125 - Order for Apprehension
The Court may order the accused to be apprehended if a decision on custody has been issued or if the accused duly summoned has failed to appear without justification, or if the summons could not have been orderly serviced and the circumstances obviously indicate that the accused is evading service of summons.
Exceptionally, in emergency cases, the order referred to in Paragraph 1 of this Article may be issued by the Prosecutor if the duly summoned suspect has without justification failed to appear.
The order for apprehension shall be executed by the judicial police.
The order shall be given in writing. The order shall contain: the name and last name of the accused who is to be apprehended, the criminal offense with which he is charged, the specific citation of the relevant criminal provisions, the grounds for ordering the person to be apprehended, the official stamp and the signature of the judge ordering the apprehension.
The person authorized to execute the order shall hand the order to the accused and instruct the accused to follow him. If the accused refuses, he shall be apprehended by force.
Arrest
Arrest for ICC proceedings - national procedures
Arrest for national proceedings
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