CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART TWO - COURSE OF THE PROCEEDINGS
CHAPTER XXI - THE MAIN TRIAL
Section 7 – EVIDENTIARY PROCEDURE
Article 264 - Special Evidentiary Rules When Dealing With Cases of Sexual Misconduct
It shall not be allowed to ask an injured party about any sexual experiences prior to the commission of the criminal offence in question. No evidence offered to show the injured party’s involvement in any previous sexual experience, behaviour, or sexual orientation shall be admissible.
Notwithstanding Paragraph 1 of this Article, evidence offered to prove that semen, medical documents on injuries or any other physical evidence may stem from a person other than the accused, is admissible.
In the case of the criminal offense against humanity and values protected by the international law, the consent of the victim may not be used in a favor of the defense.
Before admitting evidence pursuant to this Article, the Court must conduct an appropriate hearing in camera.
The motion, supporting documents and the record of the hearing must be sealed in a separate envelope, unless the Court orders otherwise.
Enforced prostitution - crimes against humanity
Enforced prostitution - IAC
Enforced prostitution - NIAC
Enforced sterilisation - crimes against humanity
Enforced sterilisation - IAC
Enforced sterilisation - NIAC
Forced pregnancy - crimes against humanity
Forced pregnancy - IAC
Forced pregnancy - NIAC
Rape - crimes against humanity
Rape - IAC
Rape - NIAC
Sexual slavery - crimes against humanity
Sexual slavery - IAC
Sexual slavery - NIAC
State investigation or prosecution – taking of evidence
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