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Criminal Procedure Code of the Federation of Bosnia and Herzegovina

November 20, 1998

(excerpts)

Article 74

1. The court shall impose a fine not to exceed 500 KM on a defense counsel, attorney, legal representative, injured party, private prosecutor or injured party as prosecutor who in a document submitted or verbal statement offends or insults the court or an individual participating in proceedings. The decision on punishment shall be made by the investigative judge or the panel before which the statement was made, and if it was made in a document submitted, it shall be made by the court which is supposed to rule on the document. An appeal is permitted against this decision. If the competent prosecutor or person representing him insults someone else, the competent prosecutor shall be so informed. The bar association shall be informed of punishment pronounced on a member of the bar or attorney in training.

2. Punishment under Paragraph 1 of this article shall not have a bearing on the prosecution and pronouncement of a penalty for a crime committed by use of insulting language.

(…)

Article 143

1. If there are grounds to suspect that a crime which is automatically prosecuted has been committed, law enforcement agencies must take the steps necessary to locate the perpetrator of the crime, to prevent the perpetrator or accomplice from hiding or fleeing, to detect and secure the clues to the crime and articles which might serve as evidence, and to gather all information which might be of use to effective conduct of criminal proceedings.

2. In order to perform the tasks referred to in Paragraph 1 of this article, law enforcement agencies may take the necessary information from individual citizens; may make a necessary examination of vehicles, passengers and luggage; may restrict movement in a specified area for the time this action is urgently necessary; may take the necessary steps to establish identity of persons and objects; organize a search to locate an individual or things being sought; make a search in the presence of a responsible individual of specified structures and premises of government agencies, enterprises and other legal entities, to examine specified documents belonging to them, and to take other necessary steps and actions. A transcript^* or official notes shall be kept of facts and circumstances ascertained in the taking of various actions insofar as they may have a bearing on criminal proceedings and also concerning object which have been found or confiscated.

3. In gathering information from citizens, the law enforcement agencies may also summon citizens, provided that the summons must designate the reasons for the summoning. In gathering information, citizens are entitled to the rights from Article 4, paragraphs 1 through 5 of this law. Law enforcement agencies may not hear the citizens in the capacity of the accused, witnesses or experts.

4. A person against whom any of the actions or measures referred to in Paragraphs 2 and 3 of this article have been taken is entitled to file a complaint with the competent prosecutor within a period of 3 days. The competent prosecutor shall verify the grounds of the allegations and if it is ascertained that the applied steps or measures contain the features of a crime or a violation of the work obligation, it shall be proceed in accordance with the law.

5. Upon written request and with approval from the investigative judge or presiding judge of the panel, law enforcement agencies may also gather information from persons in pretrial custody if this is necessary for the detection of other crimes committed by the same person or his accomplices or crimes of other perpetrators. Such information shall be taken at a time designated by the investigative judge or presiding judge of the panel.

6. On the basis of the information gathered the law enforcement agency shall draw up a criminal charge in which it shall cite the evidence it has learned of in the information gathering. The criminal charge shall not contain content of statements which individual citizens have given when information was being gathered. The criminal charge shall be submitted along with physical articles, sketches, photographs, reports obtained, the records of the measures and actions taken, official notes, statements taken and other material which might contribute to effective conduct of proceedings, including all facts or evidence in favor of the suspect. If law enforcement agencies learn of new facts, evidence or clues to the crime after submitting the criminal charge, they have a duty to gather the necessary information and submit a report to that effect, as a supplement to the criminal charge, to the competent prosecutor immediately.

Article 144

Authorized officials of law enforcement agencies have he right to send persons found at the scene of crime to the investigative judge or to detain them until he arrives if such persons might provide information important to criminal proceedings and if it is probable that they could not be interrogated at a subsequent date or their interrogation would entail a considerable prolongation or other difficulties. Detainment of such persons at the scene of a crime may not last longer than 6 hours.

1. Law enforcement agencies may photograph a person if there are grounds for suspicion that he has committed a crime, and they may also take his fingerprints. When it is urgently necessary to establish identity or in other cases when it will contribute to effective conduct of proceedings law enforcement agencies may release the photograph of that person for general publication after the approval of the investigative judge.

2. If it is necessary to determine^* whose fingerprints have been found on certain objects, law enforcement agencies may take fingerprints when there is a likelihood^* that such persons could have come into contact with those objects.

(…)

Article 146

Even before an examination or investigation has been instituted law enforcement agencies may temporarily confiscate articles under the provisions of Article 200 of this law if postponement would be risky and may conduct a search of a dwelling or person under the conditions envisaged in Article 199 of this law. The steps undertaken shall immediately be reported to the competent prosecutor.

1. If the investigative judge is unable to come to the scene immediately, law enforcement agencies, upon the approval of the investigative judge, may themselves conduct an inquest on the spot and order the necessary expert evaluations, except autopsy and exhumation of a corpse. If the investigative judge reaches the scene during the inquest, he may undertake to perform those actions. The competent prosecutor shall be informed about all actions taken.

2. Before undertaking steps from paragraphs 1 and 2 of this article, law enforcement agencies shall inform the competent prosecutor if this is possible.

(…)

Chapter XVIII.

Investigative Actions

1. Search of Dwellings and Persons

Article 195

A search of the dwelling and other premises of the accused or of other persons may be undertaken if it is probable that the accused will be apprehended in the search or that clues to the crime or items important to criminal proceedings will be found.

1. A search of persons may be undertaken when it is likely that it will reveal clues and objects relevant to the criminal proceedings.

Article 196

1. A search shall be ordered by the court in a written and substantiated warrant.

2. The search warrant shall be presented before commencement of the search to the person whose place or person is to be searched. Before the search the person to whom the search warrant pertains shall be summoned to voluntarily deliver the person or items being sought.

3. Search may also be undertaken without prior presentation of the warrant and without a prior summons to deliver the person or thing if armed resistance is assumed or if it is necessary to perform the search immediately and by surprise or if the search is to take place in a public place.

4. Search shall be done in the daytime. Search may also be done at night if it began in the daytime and was not completed or if the grounds exist as referred to in Article 199 of this law.

Article 197

1. The tenant of a dwelling or other premises shall be summoned to attend the search; should he be absent, his representative or one of the adult tenants or neighbors shall be summoned.

2. Locked premises, pieces of furniture or other articles shall be forced open only if the person in possession of them is not present or refuses to open them voluntarily. In opening them unnecessary damage shall be avoided.

3. Two adult citizens shall be present as witnesses when a dwelling or person is searched. Only a female shall search the person of a female, and only females shall be taken as witnesses. Before commencement of the search the witnesses shall be cautioned to note how the search is conducted and instructed that they have a right to make their objections before signing the record of the search if they feel that the content of the record is not accurate.

4. When a search is conducted on the premises of government agencies, enterprises or other legal entities, the senior officer shall be summoned to attend the search.

5. A search or inspections in a military building shall be done with permission of the competent military officer.

6. The search of a dwelling or person should be done with care so as not to upset the order of the household.

7. A record shall be drawn up concerning each search of a dwelling or person, and it should be signed by the person whose premises or person has been searched and the persons whose presence is required. During a search only those items and papers related to the purpose of the search in the particular case shall be temporarily confiscated. The things and papers confiscated shall be entered and precisely indicated in the record, and the same information shall be also entered on the receipt which shall immediately be given to the person whose things or papers have been confiscated.

Article 198

Should articles be found in the search of a dwelling or person which are not related to the crime for which the search warrant was issued, but which indicate another crime which is automatically prosecuted, they shall be described in the record and temporarily confiscated, and a receipt shall immediately be issued. The competent prosecutor shall be immediately notified so that he can institute criminal proceedings. These articles shall immediately be returned if the competent prosecutor finds that there are no grounds to institute criminal proceedings and there is no other basis under which these things might be confiscated.

Article 199

1. Judicial police or the authorized officials of law enforcement agencies may enter the dwelling or other premises of another even without a warrant and if necessary conduct a search if the tenant so desires, if someone calls for their help, if this is required to apprehend the perpetrator of a crime who has been caught in the act or for the sake of the safety of persons and property, if a person is in the dwelling or other premises who has been ordered taken into custody or compelled to appear by the competent government body or agency or who has hidden there to avoid prosecution.

2. In the case referred to in Paragraph 1 of this article a record shall not be written, but the tenant of the building shall immediately be given a certificate indicating the reason for the entry into the dwelling or other premises. If a search is also conducted on the premises of another, procedure shall follow the provision of Article 197, Paragraphs 3 and 7, of this law.

3. A search may also be conducted when witnesses are not present if it is impossible to arrange their presence on such short notice, and postponement is risky. The reasons for conducting a search when witnesses are not present must be indicated in the record.

4. Judicial police or authorized officials of law enforcement agencies may search a person without a search warrant and when witnesses are not present when carrying out an order to compel a person to appear or when arresting a person if there is suspicion that that person possesses a firearm or weapon or if there is suspicion that he will dispose of, conceal or destroy articles which are to be taken from him as evidence in criminal proceedings.

5. When judicial police or authorized officials of law enforcement agencies conduct a search without a search warrant, they must immediately submit a report to the investigative judge, who will immediately inform the competent prosecutor and defense counsel to that effect; if proceedings are still not being conducted, this report must be submitted to the competent prosecutor. The report shall state the reasons of the search completed without a warrant.

6. Prior to undertaking steps from paragraphs 1 and 4 of this article, the investigative judge and the competent prosecutor shall be informed, if this is possible and if there is no risk for the securing of evidence.

2. Temporary Confiscation of Articles

Article 200

Articles which are to be confiscated under the criminal code or which might serve as evidence in criminal proceedings shall be temporarily confiscated and turned over to the court for safekeeping, or their safekeeping shall be provided for in some other manner.

1. Anyone in possession of such articles must turn them over at the request of the court. The person who refuses to surrender articles may be fined up to 500 KM, and may be imprisoned if he persists in his refusal. Imprisonment shall last until the article is surrendered or until the end of criminal proceedings, but no longer than 1 month. An official or responsible person in a state body, enterprise or other legal entity shall be dealt with in the same manner.

2. The panel of judges (Article 21, Paragraph 6) shall rule on an appeal against the decision pronouncing a fine or ordering imprisonment. An appeal of a decision on imprisonment shall not stay execution of the decision.

3. Judicial police or authorized officials of law enforcement agencies may confiscate the articles referred to in Paragraph 1 of this article when they proceed pursuant to Articles 143 and 146 of this law or when they are carrying out a court order.

4. When articles are confiscated, a note shall be made of the place where they were found, and they shall be described, and if necessary establishment of their identity shall also be provided for in some other manner. A receipt shall be issued for articles confiscated.

(…)

Article 203

1. The investigative judge may order that postal and telegraph companies and other communications and transport companies hold and surrender to him in exchange for a receipt letters, telegrams and other items which have been sent to the accused or which he is sending if there are circumstances justifying the expectation that the items being sent may serve as evidence in proceedings.

2. The order from paragraph 1 of this article shall designate the accused to whom the order pertains, the manner of execution of the order and the duration of the measure, and the communications or transport company to carry out the measure ordered. The measures undertaken may not last longer than three months, and for some important reasons the investigative judge may extend the duration of these measures by another three months, provided that the measures undertaken shall be revoked as soon as the reasons for their further undertaking cease.

3. The competent prosecutor may order only the holding of communications or items being shipped, but the companies referred to in Paragraph 1 of this article must cease to hold them if within 3 days after receiving the prosecutor's order they do not receive an order from the investigative judge.

4. Measures from paragraphs 1 and 3 of this article may not be applied to letters, telegrams and other mail exchanged between the accused and his defense counsel.

5. If the interest of the proceedings allow so, the accused against whom the measures from paragraphs 1 and 3 of this article have been undertaken shall be informed on those measures.

6. Pieces of mail or other shipments shall be opened by the investigative judge in the presence of two witnesses. When they are opened, care shall be taken not to break seals, and wrappers and addresses shall be preserved. A record shall be kept of the opening.

7. The contents of the piece of mail or the shipment shall be communicated entirely to the accused or the addressee, and the piece of mail or shipment may be given to him unless the examining judge, exceptionally, considers that this would have harmful consequences on the successful conduction of the criminal procedure. Should the accused be absent, the piece of mail or shipment shall be communicated to one of his family members; if after this the accused fails to request the delivery of the piece of mail, it shall be returned to the sender.

Article 204

Articles temporarily confiscated in the course of criminal proceedings shall be returned to their owner or the person in possession of them if in the course of the proceedings it becomes clear that their retention is not consistent with Article 200, and there are no longer grounds for their confiscation (Article 482).

3. Surveillance and Technical Recording of Telephone and Other Conversations

Article 205

1. An investigating magistrate may order the following against people in respect of whom there exists a reasonable suspicion that they have taken part in the commission of crimes listed in Article 206 of this law:

1. surveillance and recording of telephone conversations and other forms of communication via technical devices;

2. wiretapping.

2. Measures under Paragraph 1 of this article shall be ordered by investigative judge upon the substantiated petition of the competent prosecutor, unless there is another manner to obtain evidence or their obtaining would have involved disproportional difficulties. Surveillance and recording of telephone conversations shall be limited only to the accused against whom this measure has been undertaken.

Article 206

The measures from Article 205 of this law may be ordered as follows:

1. for crimes envisaged in the Criminal Code in Head XV "Crimes against the constitutional order of Bosnia and Herzegovina and the Federation" and in Head XVI "Crimes against humanity and international law", for which the prison punishment of five years or a more strict punishment is prescribed;

2. for crimes envisaged in the Criminal Code of the Federation, as follows: kidnapping (Article 184), unpermitted production and trafficking of narcotic drugs (Article 252), facilitation of enjoying narcotic drugs (Article 253), forging of money (Article 267), blackmail (Article 286), endangering safety with nuclear matters (Article 312), hijack of an airplane or vessel (Article 321), receiving of bribe (Article 362) and giving of bribe (Article 363);

3. for other crimes envisaged in the Criminal Code of the Federation for which the prison punishment of eight years or a more severe punishment has been prescribed.

Article 207

1. The measures from Article 205 of this law shall be ordered by the examining judge in a written order. The order shall contain the information about the accused against whom the measure is ordered, the grounded suspicion, the method, the scope and the duration of those measures and the reasons for their pronouncement. The measures may not exceed the duration of one month, and for particularly important reasons they may be extended by one month each time, but not longer by a total of six months. The enforcement of measures shall be revoked immediately after cessation of the reasons for which they were ordered.

2. The order from paragraph 1 of this article shall be enforced by the law enforcement agency.

3. The postal communication companies have a duty to allow the law enforcement agency the enforcement of these measures.

Article 208

After cessation of implementation of the measures, the law enforcement agency has a duty to send a written report to the examining judge and submit to him all the recordings, reports and items obtained. The report shall summarize the contents of the telephone conversations.

1. The examining judge shall verify whether the law enforcement agency has proceeded in compliance with the order and shall call upon the competent prosecutor to familiarize himself with the materials.

2. The examining judge may arrange to have a full or a partial transcript of the telephone conversation recordings. In case of transcribing the recordings, the provisions of article 80, paragraph 5, of this law shall be applicable.

Article 209

1. The report and the recordings from Article 208, paragraph 1 of this law shall be kept by the court for the duration of keeping the official documents.

2. If the competent prosecutor decides to dismiss prosecution, this material shall be destroyed under supervision of the investigative judge. On the undertaking of the measures from Article 207 of this law, the investigative judge shall make a brief notification for the accused which must contain the information on what measures have been undertaken, the reasons and the grounds for their use, the conclusion that this material did not constitute the grounds for the criminal prosecution and that it has been destroyed.

Article 210

1. If the measures from Article 207 of this article have been undertaken without the order of the investigative judge or contrary to the order, the court may not ground its decision on the data or evidence obtained.

2. The report and the recordings obtained by wiretapping of the accused shall be used in the criminal proceedings only in that part pertaining to the crime and the accused.