Part 1 Basic Provisions

Chapter 8 Actions aimed at Obtaining Evidence

Section 5 Examination of Witnesses

Article 84

Right of Witness to Refuse to Response

The witness shall be entitled to refuse to answer such questions with respect to which a truthful reply
would result in the danger of bringing prosecution upon himself.

The witnesses exercising the right referred to in to Paragraph 1 of this Article shall answer such
questions provided that the Chief Prosecutor states in writing that there shall be no prosecution for actions referred to in the witness' statement. A copy of the Chief Prosecutor’s written statement shall be delivered to witness.

Chief Prosecutor can give the statement referred to in Paragraph 2 of this Article provided that the
witness' statement is important for proving that another person committed a crime referred to in Paragraph 4 of this Article.

The statement referred to in Paragraph 2 of this Article can be given by the Chief Prosecutor in
proceedings for:
a) Crimes against integrity of Bosnia and Herzegovina,
b) Crimes against humanity and values protected under international law,
c) Crimes of terrorism,
d) criminal offences: inciting ethnic, racial or religious hatred, discord or hostility; unlawful deprivation
of liberty; unlawful wiretapping and audio or video recording; violating the freedom of voter decisionmaking; currency counterfeiting; securities counterfeiting; money laundering; tax evasion or fraud; smuggling; organizing a group or association for smuggling or distribution of goods on which duties were not paid; customs fraud; accepting gifts and other forms of benefits; giving gifts or other forms of benefits; accepting reward or other form of benefit for trading in influence; giving reward or other form of benefit for trading in influence; abuse of office or official authority; unlawful release of a detainee; accessory after the fact; accessory to a person indicted by the International Criminal Tribunal; tampering with evidence; disclosure of identity of protected witness; obstruction of justice; associating for the purpose of perpetrating criminal offences; organized crime,
e) Other criminal offences for which a sentence of five years of imprisonment or a more severe sentence
can be pronounced.

In the statement referred to in Paragraph 2 it shall be specifically stated that it only applies to a
criminal offence for which an equal or a lesser punishment is prescribed than the one prescribed for the
criminal offence relevant to testimony or proceedings and shall not be applicable to criminal offences for
which the penalty of minimum ten years of imprisonment is prescribed.

The Court shall issue a decision establishing whether the statement of the Chief Prosecutor referred
to in Paragraph 2 of this Article is in line with Paragraphs 4 and 5 of this Article and shall appoint legal
counsel for the witness during trial.

Upon issuance of the Court decision referred to in Paragraph 6 of this Article, the Chief Prosecutor
shall summon the witness to give statement. Prior to hearing the witness they shall give a written
statement that his testimony in criminal proceedings shall be true and that they shall not withhold any
evidence known to them about criminal offence and its perpetrator.

After the witness gives statement, the Chief Prosecutor shall issue a decision to grant immunity for
criminal offence ensuing from the statement the witness gave in line with Paragraph 2 of this Article. The
decision shall state the factual description and legal qualification of the offence for which the witness
who has testified shall not be prosecuted.

If during the criminal proceedings the witness fails to act in accordance with Paragraph 7 of this
Article, the Chief Prosecutor shall issue a reasoned decision by which the witness shall be denied
immunity for the crime related to the witness’s statement referred to in Paragraph 2 of this Article. The
prosecutor shall also deny immunity when acts described by the witness in his statement refer to criminal offences for which the immunity cannot be granted pursuant to Paragraphs 4 and 5 of this Article.

In such cases, the witness' statement with answers to the questions referred to in Paragraph 1 of this Article shall be removed from the case file and kept separately and shall not be used in criminal proceedings against the witness.

In case that Chief Prosecutor does not render the decision referred to in Paragraph 8 of this Article,
the witness' statement with answers to questions referred to in Paragraph 1 of this Article shall be
removed from the case file and kept separately and shall not be used in criminal proceedings against the
witness.

Witness referred to in Paragraph 2 of this Article can be subject to prosecution for criminal offence of giving false statement.