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 131 - Ordering Pre-trial Custody
(1) Custody may be ordered only under the conditions prescribed by this Code and only if the same purpose cannot be achieved by another measure.
(2) The duration of custody must be reduced to the shortest necessary time. It is the duty of all bodies participating in criminal proceedings and of agencies extending them legal aid to proceed with particular urgency if the suspect or the accused is in custody.
(3) Throughout the proceedings, custody shall be terminated as soon as the grounds for which it was ordered cease to exist, and the person in custody shall be released immediately.
Article 132 -Grounds for Pre-trial Custody
(1) If there is a grounded suspicion that a person has committed a criminal offense, custody may be ordered against him:
a) if he hides or if other circumstances exist that suggest a possibility of flight;
b) if there is a justified fear to believe that he will destroy, conceal, alter or falsify evidence or clues important to the criminal proceedings or if particular circumstances indicate that he will hinder the inquiry by influencing witnesses, accessories or accomplices;
c) if particular circumstances justify a fear that he will repeat the criminal offense or complete the criminal offense or commit a threatened criminal offense, and for such criminal offenses a prison sentence of five (5) years may be pronounced or more;
d) if the criminal offense is punishable by a sentence of imprisonment of ten (10) years or more, where the manner of commission or the consequence of the criminal offense requires that custody be ordered for the reason of public or property security. If the criminal offense concerned is the criminal offense of the terrorism, it shall be considered that there is assumption, which could be disputed, that the safety of public and property is threatened.
(2) In a case of Item b), Paragraph 1 of this Article, custody shall be cancelled once the evidence for which the custody was ordered has been secured.
Article 133 - General Right to RESTRICT THE MOVEMENT
A person caught committing a criminal offense may be restricted in his movement by any other person. The person who is so restricted must be immediately turned over to the Court, Prosecutor or to the nearest police authority, and if this may not be done, the Court, Prosecutor or the police must be notified about it immediately.
Article 134 - Competence for Ordering Custody
(1) Custody shall be ordered by a decision of the Court and on the motion of the Prosecutor.
(2) A decision on custody shall contain: the first and last name of the person being taken into custody, the criminal offense he with which is charged, the legal basis for custody, explanation, instruction as to the right of appeal, the official seal and the signature of the judge ordering custody.
(3) A decision on custody shall be delivered to the pertinent person at the moment of deprivation of liberty. The files must indicate the hour of the deprivation of liberty and the hour of the delivery of the decision.
(4) The person taken into custody may appeal the decision on custody with the Panel (Article 24, Paragraph 6) within 24 hours of the receipt of the decision. If the person taken into custody is questioned for the first time after the expiration of this period, he may file an appeal during the questioning. The appeal with a copy of the minutes on questioning, if the person in custody has been questioned, and the decision on custody shall be submitted immediately to the Panel. An
appeal shall not stay the execution of the decision.
(5) If the preliminary proceedings judge or preliminary hearing judge does not accept the motion of the Prosecutor to order custody, he shall request that the Panel decide the issue (Article 24, Paragraph 6). Against the decision of the Panel ordering custody, the person taken into custody may file an appeal, which does not stay the execution of the decision. With respect to the delivery of the decision and filing of an appeal, the provisions of Paragraphs 3 and 4 of this Article shall apply.
(6) In cases referred to in Paragraphs 4 and 5 of this Article, the Panel deciding the appeal must take a decision within 48 hours.
Article 135 - Duration of Custody
(1) Before taking a decision ordering custody, the preliminary proceedings judge shall review whether there are grounds for a motion to order custody. Upon the decision of the preliminary proceedings judge, custody may last no longer than one (1) month following the date of deprivation of liberty. After that period, the suspect may be kept in custody only on the basis of a decision extending the custody.
(2) Custody may be extended, upon a decision of the Panel (Article 24, Paragraph 6), following a substantiated motion of the Prosecutor, for no longer than two (2) months. An appeal against the decision of the Panel shall be allowed and it shall be decided by the Appellate Division Panel. An appeal does not stay the execution of the decision.
(3) If the proceeding is ongoing for the criminal offense for which a prison sentence of ten (10) years may be pronounced or more, and if there are particularly important reasons, custody may be extended following a substantiated motion of 40 the Prosecutor, for no longer than three (3) months. An appeal against the decision of the Panel shall be allowed and it shall be decided by the Appellate Division Panel. An appeal does not stay the execution of the decision.
(4) If, before the expiration of the periods referred to in Paragraph 1 through 3 of this Article, an indictment has not been brought for confirmation, the suspect shall be released.
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.
Article 139 - Deprivation of Liberty
(1) Police may deprive a person of liberty if there are grounds for suspicion that he may have committed a criminal offense and if there are any of the reasons as referred to in Article 132 of this Code, but they must immediately, but no later than 24 hours, bring that person before the Prosecutor. In apprehending the person concerned, the police authority shall notify the Prosecutor of the reasons for and time of the deprivation of liberty. Use of force in accordance with law is allowed when apprehending the person.
(2) A person deprived of liberty must be instructed in accordance with Article 5 of this Code.
(3) If a person deprived of liberty is not brought before the Prosecutor within the period as specified in Paragraph 1 of this Article, he shall be released.
(4) The Prosecutor is obligated to question the apprehended person without delay, and no later than 24 hours. The Prosecutor shall decide within that time whether he will release the apprehended person or file the request for custody of the person in question to the preliminary proceeding judge. The preliminary proceeding judge shall immediately, and no later than 24 hours, issue a decision on custody or on releasing of the apprehended person.
(5) If the preliminary proceeding judge rejects the proposal for the custody, he shall act in accordance with Paragraph 5 of Article 134 of this Code.
EDIT.