CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART TWO - COURSE OF THE PROCEEDINGS
CHAPTER XIX - INVESTIGATIVE PROCEDURE
Article 220 - Restriction of Movement at the Scene of the Crime
An authorized official has the right to restrict the movement and question persons found at the scene of a crime, if such persons could provide information important for the criminal proceedings. The authorized official shall be bound to inform the Prosecutor about the restriction of movement and questioning. Restriction of movement of such persons at the scene of a crime may not last more than six (6) hours.
An authorized official may photograph a person and take his fingerprints if there are grounds for suspicion that he has committed a criminal offense. When it will contribute to the effective conduct of proceedings, an authorized official may release the photograph of that person for general publication, but only with the approval of the Prosecutor.
If necessary to establish whose fingerprints are found on certain objects, the authorized official may take fingerprints from persons who have possibly touched those objects.
A person against whom any of the actions or measures referred to in this Article have been taken shall be entitled to file a complaint with the Prosecutor.
Article 221 - Investigation of the Crime Scene and Expert Evaluation
An authorized official, upon notifying the Prosecutor, shall proceed with the investigation of the crime scene and order the necessary expert evaluations, with the exception of medical examination, an autopsy and the exhumation of a corpse. If the Prosecutor is present at the crime scene while it is being investigated by authorized officials, he may direct authorized officials to perform certain actions that the Prosecutor considers necessary. All actions undertaken at the crime scene must be documented in detail by way of both a record and a separate official report.
Article 222
Medical Examination, Autopsy and Exhumation
If there is a suspicion or if it is evident that a death was caused by criminal offense or that it is related to the commission of a criminal offense the Prosecutor shall order the performance of a medical examination and an autopsy. If the corpse has already been buried, an exhumation of the corpse shall be ordered for the purpose of an examination and autopsy through a warrant that the Prosecutor shall request from the Court.
Article 223 -Preservation of Evidence by the Court
Whenever it is in the interest of justice that the witness’s testimony be taken in order to use it at the main trial because the witness may be unavailable to the Court during the trial, the preliminary proceedings judge may, upon the request of the parties or the defense attorney, order that the testimony of the witness in question be taken at special hearing. The special hearing shall be conducted in accordance with Article 262 of this Code.
Prior to using the witness statement referred to in Paragraph 1 of this Article, the party or the defense attorney requesting for the statement to be considered as evidence at the main trial, must prove that despite all efforts to secure the witness’s presence at the main trial, the witness remains unavailable.
The statement in question may not be used if the witness is present at the main trial.
If the parties or the defense attorney are of the opinion that a certain evidence may disappear or that the presentation of such evidence at the main trial may not be possible, the parties or the defense attorney shall propose to the preliminary proceedings judge to take necessary actions aimed at the preservation of evidence. If the preliminary proceedings judge accepts the proposal on taking actions of presentation of evidence, he shall inform the parties and defense attorney accordingly.
If the preliminary proceedings judge rejects the proposal referred to in Paragraphs 1 and 3 of this Article, he shall issue a decision that can be appealed against to the Panel referred to in Article 24(7) of this Code.
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