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THE FEDERATION OF BOSNIA AND HERZEGOVINA
CRIMINAL PROCEDURE CODE
P A R T O N E - B A S I C P R O V I S I O N S

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Article 2
Principle of Legality
(1) The rules set forth in this Code shall provide for an innocent person to be acquitted
and against a perpetrator of an offense to be subject to a criminal sanction under the
conditions provided by the Criminal Code of the Federation of Bosnia and
Herzegovina (hereinafter: the Criminal Code) other laws of the Federation of Bosnia
and Herzegovina (hereinafter: Federation), cantonal laws and laws of Bosnia and
Herzegovina that prescribe criminal offenses.
(2) Prior to the rendering of a finally binding verdict the freedom and other rights of the
suspect or accused may be limited only under the conditions set forth in this Code.
(3) A criminal penalty may be pronounced against the perpetrator only by a competent
court or the court to which the Court of Bosnia and Herzegovina transferred the case
and in the proceedings instituted and conducted in accordance with this Code.


Article 3
Presumption of Innocence and In Dubio Pro Reo
(1) A person shall be considered innocent of a crime until he is proven guilty by a finally
binding verdict.
(2) A doubt with respect to the existence of facts composing characteristics of a criminal
offense or on which the application of certain provisions of criminal legislation
depends shall be resolved by the court by a decision and in a manner that is the most
favorable for the accused.


Article 4
Prohibition of Double Jeopardy
No person shall be tried again for a criminal offense that he has been already tried for and
for which a legally binding decision has been rendered.


Article 5
Rights of a Person Deprived of Liberty
(1) A person deprived of liberty must, in his native tongue or any other language that he
understands, be immediately informed about the reasons for his apprehension and,
before the first interrogation, and advised that he is not obliged to make a statement
nor respond to questions asked, on his right to a defense attorney of his own choice
as well as on the fact that his family, consular officer of the foreign state whose
citizen he is, or other person designated by him shall be informed about his
deprivation of liberty.
(2) A defense attorney shall be appointed to represent a person deprived of liberty, at the
person’s request, if he cannot pay the expenses of defense due to his financial
condition.


Article 6
Rights of a Suspect or the Accused
(1) The suspect, upon first being questioned, must be informed about the offense that he
is suspected of and the grounds for suspicion against him and that statement of his
may be used as evidence in further proceeding.
(2) The suspect or accused must be provided with an opportunity to make a statement
regarding all the facts and evidence incriminating him and to present all facts and
evidence in his favor.
(3) The suspect or accused shall not be bound to present his defense or to answer
questions posed to him.


Article 7
Right to Defense
(1) The suspect or accused has a right to present his own defense or to defend himself
with the professional assistance of a defense attorney of his own choice.
(2) If the suspect or accused does not have a defense attorney, a defense attorney shall be
appointed for him in cases as stipulated by this Code.
(3) The suspect or accused must be given sufficient time to prepare a defense.


Article 8
Language and Alphabet
The Bosnian language, the Croatian language and the Serbian language and both the
Latin and Cyrillic alphabets shall be in equal official use in criminal proceedings.


Article 9
Right to Use Language and Alphabet
(1) The criminal proceedings shall be conducted in one of the languages referred to in
Article 8 and one of the alphabets referred to in Article 8 shall be used in the criminal
proceedings.
(2) Parties, witnesses and other participants in the proceedings shall have the right to use
their own language in the course of the proceedings mother tongue or the language
they understand. If such a participant does not understand one of the official
languages of Bosnia and Herzegovina, provision shall be made for oral interpretation
of the testimony of that person and other persons, and translations of official
documents and IDs and other written pieces of evidence.
(3) Person referred to in Paragraph 2 of this Article shall be informed of the right referred
to in Paragraph 2 of this Article prior to first questioning and may waive such right if
the person knows the language in which the proceedings are being conducted. A note
shall be made in the record that the participant has been so informed, and his response
thereto shall also be noted.
(4) Interpretation shall be performed by a court interpreter.


Article 10
Sending and Delivery of Court Papers
(1) The court and other bodies participating in the proceedings shall issue summonses,
decisions and other papers in the official languages referred to in Article 8 of this
Code.
(2) Indictments, appeals, and other court documents shall be submitted Documents shall
be submitted to the court and other bodies participating in the proceedings in the
official languages referred to in Article 8.
(3) Any person who is deprived of freedom or in custody, serving a sentence or
committed for mandatory psychiatric treatment or to mandatory treatment of
addiction, shall also be delivered the translation of the papers referred to in
Paragraphs 1 and 2 of this Article in the language used by the person in question in
the proceedings mother tongue or the language they understand.


Article 11
Legally Invalid Evidence
(1) No confession or any other statement shall be extorted from the suspect, the accused
or any other participant in the proceedings.
(2) The court may not base its decision on evidence obtained through violation of human
rights and freedoms prescribed by the Constitution and international treaties ratified
by Bosnia and Herzegovina, nor on evidence obtained through essential violation of
this Code.
(3) The court may not base its decision on evidence derived from the evidence referred to
in Paragraph 2 of this Article.


Article 12
Right to Compensation and Rehabilitation of Reputation
A person who has been unjustifiably convicted of a criminal offense or deprived of
freedom without cause shall have the right to rehabilitation of reputation, compensation
for damage from the budget, as well as other rights as stipulated by law.


Article 13
Instruction on Rights
The court, prosecutor and other bodies participating in the proceedings shall instruct a
suspect or the accused or any other participants in the criminal proceedings, who could,
out of ignorance, fail to carry out a certain action in the proceedings or fail to exercise his
rights, on his rights under this Code and the consequences of such failure to act.


Article 14
Right to Trial without Delay
(1) The suspect or accused shall be entitled to be brought before the court in the shortest
reasonable time period and to be tried without delay, and no later than one year from
the date of confirmation of the indictment.
(2) The court shall also conduct the proceedings without delay and to prevent any abuse
of the rights of any participant in the criminal proceedings.
(3) The duration of custody must be for the shortest necessary time.


Article 15
Equal Attention to Facts
(1) The Court shall treat equally the parties and the defence attorney and
provide each party an equal opportunity with regards to the access to the evidences
and presenting them at the main trial.
(2) The court, the prosecutor and other bodies participating in the proceedings are bound
to objectively study and establish with equal attention facts that are exculpatory as well as
inculpatory for the suspect or the accused.


Article 16
Free Evaluation of Evidence
The right of the court, prosecutor and other bodies participating in the criminal
proceedings to evaluate the existence or non-existence of facts shall not be related or
limited to special formal evidentiary rules.

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