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Criminal Procedure Code of Republica Srpska

(excerpts)

Article 196

Deprivation of Liberty and Police Detention

(1) Police may deprive a person of liberty if there are grounds for suspicion that he committed a criminal offense and if there are any of the reasons as referred to in Article 189 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 reasonable force is allowed when apprehending the person.

(…)

Chapter XIX

SPECIAL INVESTIGATIVE ACTIONS

Article 226

Types of Special Investigative Actions and Conditions of Their Application

(1) If evidence cannot be obtained in another way or its obtaining would be accompanied by disproportional difficulties, special investigative actions may be ordered against a person against whom there are grounds for suspicion that he has committed or has along with other persons taken part in committing or is participating in the commission of an offense referred to in Article 227 of this Code.

(2) The investigative actions under Paragraph 1 of this Article are as follows:

a) surveillance and technical recording of telecommunications;

b) access to the computer systems and computerized data processing;

c) surveillance and technical recording of premises;

d) covert following and technical recording of individuals and objects;

e) use of undercover investigators and informants;

f) simulated purchase of certain objects and simulated bribery;

supervised transport and delivery of objects of criminal offense.

(…)

Article 228

Competence to Order the Actions and the Duration of the Actions

(1) The investigative actions referred to in Article 226 Paragraph 2 of this Code shall be ordered in an order issued by the preliminary proceedings judge upon the properly reasoned motion of the prosecutor containing: the data on the person against whom the action is to be applied, the grounds for suspicion referred to in Paragraphs 1 or 3 this Code, the reasons for its undertaking and other important circumstances necessitating the application of the actions, the reference to the type of required action and the method of its implementation and the extent and duration of the action. The order shall contain the same data as those featured in the prosecutor’s motion as well as a determination of the duration of the ordered action.

(…)

(2) The orders referred to in Paragraph 1 of this Article shall be executed by the police authorities. The companies performing the transmission of information shall be bound to enable the prosecutor and police authorities to enforce the actions referred to in Item a) of Paragraph 2 of Article 226 of this Code.