CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART TWO - COURSE OF THE PROCEEDINGS
CHAPTER XXI - THE MAIN TRIAL
Section 6 – COMMENCEMENT OF THE MAIN TRIAL
Article 259 - Instructions to the Accused
(1) The judge or the presiding judge shall warn the accused to carefully follow the course of the main trial and shall instruct him that he may present facts and propose evidence in his favor, that he may question codefendants, witnesses and experts and that he may offer explanations regarding their testimony.
(2) The judge or the presiding judge shall advise the accused that he may give a statement in the capacity of a witness during the evidentiary proceedings, and if he decides to give such a statement, he shall be directly- and cross-examined as provided for in Article 262 of this Code, i.e. cautioned and instructed as provided for in Article 86 of this Code. In that case, the accused shall not take an oath or affirmation as a witness. The Court shall give the accused the opportunity to consult about this right with his defense attorney beforehand, and if he does not have a defense attorney, the Court shall carefully assess whether he needs a defense attorney.
Article 260 - Reading the Indictment and Opening Arguments
The main trial shall commence by reading the indictment. The indictment shall be read by the Prosecutor.
After the indictment has been read, the judge or the presiding judge shall ask the accused whether he has understood the charges. If the judge or the presiding judge finds that the accused has not understood the charges, the judge or the presiding judge shall summarize the content of the indictment in a manner understandable to the accused. The Prosecutor shall then briefly state the evidence he will rely upon in his case.
The accused or his defense attorney may then present a summary of the defense plan.
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