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Criminal Procedure Code for the Federation of BiH

November 20, 1998

ChapterI.Basic Provisions

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Article 2

A criminal penalty may be pronounced against a person who has committed a crime only by the competent court in the proceedings instituted and conducted in accordance with this law.

Article 3

A person shall be considered innocent of a crime until guilt has been established by a final verdict.

Article 4

The citizen subjected to gathering of information by the authorized law enforcement agency official which could be useful for the successful conduct of the criminal procedure is not obligated to give any kind of statement or reply to any kind of question asked by the authorized official, except his own identity data, and this shall be instructed to him by the authorized law enforcement agency official.The suspect who is subject to grounded suspicion of having perpetrated a crime has the right to take defense counsel and have his defense counsel present at his questioning conducted by the authorized official.If the suspect is deprived of freedom, he has the right to request the appointment of his defense counsel, if he is not able to bear the costs of defense according to his property conditions.Before the authorized law enforcement agency official proceeds with the gathering of information from the suspect from paragraph 2 of this article, he has a duty to instruct the suspect of the rights from paragraphs 1 and 2 of this article.Before the authorized law enforcement agency official proceeds with the gathering of information from the suspect from paragraph 3 of this article, he has a duty to instruct the suspect of the rights from paragraphs 1, 2, and 3 of this article.In the very first examination the accused must be informed about the charge against him and the grounds for the charge.The accused must be given an opportunity to state his position concerning all facts and evidence against him and to present all facts and evidence in his favor.

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Article 6

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(2) Principals, witnesses and other persons participating in proceedings have the right to use their own language in the course of investigative or other judicial proceedings or in the main trial. If a judicial proceeding or the main trial is not conducted in the language of that person, provision shall be made for oral interpretation of the testimony of that and other persons and of official documents and identifications and other written pieces of evidence.

(3) The individual referred to in Paragraph 2 of this article shall be informed of the right to interpretation; the individual may waive that right if he knows the language in which proceedings are being conducted. A note shall be made in the record that the participant has been so informed, and his response shall also be noted.

(4) Interpretation shall be done by an interpreter.

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Article 9

The accused has the right to present his own defense or to defend himself with the professional aid of defense counsel, whom he shall himself select from among professional attorneys.If the accused or the persons from Article 63, paragraph 3, of this law, do not engage defense counsel on their own in the case of mandatory defense, in order to provide for their defense, the court shall automatically appoint a defense counsel in the cases specified by this law.The accused must be furnished with sufficient time to prepare his defense.

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 public expense, and other rights as set forth in law.

Article 11

The court shall instruct the accused or other person participating in proceedings about the rights they are entitled to under this law and about the consequences of omitting a procedural action when out of ignorance they might omit such action in proceedings and might therefore fail to exercise their rights.

Article 12

It shall be the duty of the court to endeavor to conduct proceedings without delay and to prevent any abuse of the rights to which the persons participating in proceedings are entitled.

Article 13

The court, the competent prosecutor and the law enforcement agency participating in criminal proceedings must truthfully and completely establish the facts which are important to the rendering of a lawful decision.They have a duty to study and establish with equal attention both those facts which are against the suspect or the accused and those facts which are in his favor, and to make available all the facts and pieces of evidence to the suspect or the accused and their defense counsels, which are in their favor, both before the beginning of and during the proceedings.