Law on Criminal Procedure

BrckoDistrict ofBosnia and Herzegovina

Official Gazette of theBrckoDistrict ofBosnia and Herzegovina, 7/00

(Excerpts)

XVI Measures to Guarantee the Presence of the Accused and the Successful Conduct of Criminal Proceedings

c) Procedure with Persons Taken into Custody

Article 166

(1) The personality and dignity of an accused must not be offended while he is being kept inpretrialcustody.

(2) Only those restrictions necessary to prevent flight or endangerment to others may be taken towards the accused when taking him intopretrialcustody.

(3) Individuals who do not belong to the same sex may not be imprisoned in the same cell. As a rule, persons who participated in committing the same crime shall not be accommodated in the same cell, nor shall persons serving sentence be put in the same cell with persons inpretrialcustody. If possible, recidivists shall not be accommodated in the same cell as other persons taken into custody on which they might have an adverse influence.

Article 167

(1)The judge may impose the disciplinary penalty of restriction of visits and correspondence to penalize the person in custody for disciplinary infractions, which may have harmful consequences on the course of the procedure. This restriction shall not apply to communication between an accused in custody and hisdefensecounsel.

(2)An interlocutory appeal is allowed against a decision imposing a penalty under Paragraph 1 of this Article with the Appellate Court within a period of twenty-four (24) hours from the moment when the decision is received. The appeal shall not stay execution of the decision.

Article 168

(2)The President of the Basic Court or the judge whom he designates must visit persons in custody at least once a week and, should he deem it necessary, inform himself when the warden and guards are not present as to how the persons in custody are being fed, how their other needs are being met, and how they are being treated. The President or judge whom he designates must take the steps necessary to correct irregularities noted in the visits to the prison.

(3)The Ombudsman ofBiHmay, even if no cause is shown, be present during the visit specified in Paragraph 2 of this Article.