Bosnia and Herzegovina

Criminal Procedure Code of Bosnia and Herzegovina

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 6 - PRE-TRIAL CUSTODY

Article 136 - Termination of Custody

(1) In the course of the investigation and before the expiration of the custody, the preliminary proceedings judge may terminate custody by the decision upon hearing from the Prosecutor. Against the decision, the Prosecutor may file an appeal to the Panel referred to in Article 24 Paragraph 6. The Panel shall be bound to reach a decision within 48 hours.

(2) An appeal is not allowed against the decision rejecting the motion for termination of the custody.

Article 137 - Custody after the Confirmation of the Indictment

(1) After the confirmation of indictment, custody may be ordered, extended or terminated. The review of justification of the custody shall be carried out upon the expiration of each two (2) month period following the date of issuance of the most recent decision on custody. The appeal against this decision shall not stay its execution.

(2) After the confirmation of indictment, custody may last no longer than one (1) year. If, during that period, no first instance verdict is pronounced, the custody shall be terminated and the accused released.

(3) After pronouncing the first instance verdict, the custody may last for no longer than another six (6) months. If during that time no second instance verdict is pronounced reversing or confirming the first instance verdict, custody shall be terminated and the accused released. If within six (6) months a second instance verdict is pronounced revoking the first instance verdict, the custody may last for no longer than another year after pronouncement of the second instance verdict.

(4) In any event, custody shall be terminated upon the expiration of the verdict pronounced.

Article 138 - Ordering Custody after the Verdict is pronounced

(1) When the Court pronounces a sentence of imprisonment against an accused, the Court shall order custody against the accused or the custody shall be extended if there exist the grounds referred to in Article 132, Paragraph 1, Items a), c) and d) of this Code. The custody shall be terminated if the grounds for which the custody was pronounced do not exist any more. In this case, a special decision shall be issued, and appeal against such decision shall not stay its execution.

(2) Custody shall be terminated and release of the accused ordered if he has been acquitted or if the charges against him have been rejected or he has been found guilty but released from penalty or he has only been fined or conditionally sentenced or, due to crediting the custody time, he has already served the sentence.

(3) Custody ordered or extended pursuant to provisions of Paragraph 1 of this Article may last until a legally binding verdict but no later than the expiration of the period of sentence pronounced in the first instance.

(4) At the request of the accused, who is in custody after a sentence of imprisonment has been pronounced on him, a judge or the presiding judge may commit the accused by a decision to an institution for serving the sentence even before the verdict becomes legally binding.

Keywords

Release prior to surrender



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