Print Criminal Procedure Code for the Federation ofBosnia and Herzegovina
Adopted20 November 1998
(Excerpts)
General Provisions
ChapterI.Basic Provisions
Article 1
3.The freedom of the accused and his other rights may be restricted before a final verdict is rendered only under the conditions defined by this law.
Article 8
1. It is forbidden to extort a confession or any other statement from a suspect, an accused, or other person participating in proceedings.
Article 10
A person who has been unjustifiably convicted of a crime or deprived of liberty without cause shall be entitled to rehabilitation, compensation for damages at publicexpense, and other rights as set forth in law.
Chapter 6.Custody
Article 184
1. Custody shall be ordered by the investigative judge of the competent court.
2.Custody shall be ordered in a written decision containing the following: the first and last name of the person being taken into custody, the crime he is charged with, the legal basis for custody, instruction as to the right of appeal, a brief substantiation in which the basis for ordering custody shall be specifically argued, the official seal, and the signature of the judge ordering custody.
3. The arrest warrant shall be presented to the person to whom it pertains at the moment when he is apprehended, and no later than within 24 hours from the moment he is deprived of liberty. The time of his deprivation of liberty and the time of presentation of the warrant must be indicated in the record.
Article 185
1. The investigative judge must immediately inform a person who has been deprived of liberty and brought before him of the reasons for depriving him of liberty, that he may engage defense counsel, who may attend his examination, and, if necessary, he shall help him to find defense counsel. He shall warn him of the rights from Article 67 of this law. If within 24 hours of the date of this communication a person taken into custody does not provide for the presence of defense counsel, the investigative judge must immediately examine that person.
Article 1861. Pretrial custody may be ordered by the investigative judge of the lower court in whose jurisdiction the crime was committed when he has been commissioned to perform certain investigative actions or in the cases envisaged in Article 148, Paragraph 1, and Article 187 of this law. The provisions of Article 184, Paragraphs 2 through 5 of this law shall apply in connection with the ordering of custody, but the higher court shall make the ruling on the appeal referred to in Paragraph 4 of that article.
2.Immediately upon examining the person who has been deprived of liberty, the investigative judge shall decide whether to release him or to order that he be taken to the investigative judge of the competent court. The provisions of Article 185, Paragraphs 1 through 3 of this law shall apply in connection with examining a person who has been deprived of liberty.
Chapter 7.Procedure with Persons Taken into Custody
Article 192
1. The personality and dignity of an accused may not be offended while he is being kept in pretrial custody.
2.Only those restrictions necessary to prevent flight or agreement which might be harmful to the effective conduct of proceedings may be taken toward an accused taken 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 onwhomthey might have an adverse influence.
Article 193
1. The investigative judge or presiding judge of the panel 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 the person in custody and defense counsel.
2.An appeal may be filed against a decision imposing a penalty under Paragraph 1 of this article with the panel of judges (Article 21, Paragraph 6) of the court competent to conduct the examination within a period of 24 hours from the date when the decision is received. The appeal shall not stay execution of the decision.
Article 194
1. Surveillance over persons in custody shall be exercised by the president of the court so empowered.
2.The president of the 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. The investigative judge may not be the judge designated.
3. The competent prosecutor may also be present during the visit referred to in Paragraph 2 of this article.
4. The president of the court and the investigative judge may visit all persons in custody at any time, may talk to them and may receive complaints from them.