Search and seizure - national proceedings

Bosnia and Hezegovina

Bosnia and Herzegovina - Criminal Procedure Code 2001 (2018) EN

Part 1 Basic Provisions

Chapter 8 Actions aimed at Obtaining Evidence

Section 2 Seizure of Objects and Property

Article 65

Order for Seizure of Objects

Objects that are the subject of seizure pursuant to the Criminal Code or that may be used as
evidence in the criminal proceedings shall be seized temporarily and their custody shall be
secured pursuant to a Court decision.

The seizure warrant shall be issued by the Court on the motion of the Prosecutor or on the motion of authorized officials who have been approved by the Prosecutor.

The seizure warrant shall contain the name of the Court, legal grounds for undertaking thethe of the person and the action of seizure of objects, indication of the objects that are subject to seizure, the name of persons from whom objects are to be seized, place where the objects are to be seized, and a timeframe within which the objects are to be seized, and notification of the right of the affected person to a legal remedy.

The authorized official shall seize objects on the basis of the issued warrant.

Anyone in possession of such objects must turn them over at the request of the preliminary Court. proceedings judge. A person who refuses to surrender articles may be fined in an amount up to 50.000 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 90 days. An official or responsible person in a state body or a legal entity shall be dealt with in the same manner.

The provisions of Paragraph 5 of this Article shall also apply to the data stored in devices for automated or electronic data processing. In obtaining such data, special care shall be taken with respect to regulations governing the maintenance of confidentiality of certain data.

An appeal against a decision on fine or on imprisonment shall be decided by the Panel. An appeal against the decision on imprisonment shall not stay execution of the decision.

When articles are seized, 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 seized.

Measures referred to in Paragraph 5 and 6 of this article may not be applied to the accused
suspect or to persons who are exempt from the duty to testify.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;