Part 1 Basic Provisions

Chapter 4 Jurisdiction of the Court

Section 3 Transfer of Jurisdiction and Consequences of Lack of Jurisdiction

Article 27

Transfer of Jurisdiction

If there are strong reasons, The Court may transfer theconduct of the proceedings for a criminal offense falling within its jurisdiction to the competent Court in whose territory the offense was committed or attempted. The conduct of the proceedings may be transferred not later than the day the main trial is scheduled to begin.

Chapter 30 Procedure to Render International Legal Aid and to Enforce International Agreements in Criminal Matters

Article 412

Relinquishing Criminal Prosecution to a Foreign State

If a criminal offense was committed in the territory of Bosnia and Herzegovina by an alien who has his permanent place of residence in a foreign state, it is possible to cede all criminal files for the purpose of criminal prosecution and trial to such country beyond any requirements provided for in Article 415 of this Code, if such state is not opposed thereto.

Relinquishment of criminal prosecution and trial shall not be allowed if in that case the alien might be subjected to unfair trial, inhuman and humiliating treatment or punishment.

The Prosecutor shall take a decision on relinquishment before the indictment has been issued. After the issuance of the indictment until the case id referred to the judge or to the Panel for the purpose of the scheduling the main trial, such decision shall be taken by the preliminary hearing judge at the proposal of the Prosecutor.

If the injured party in the case is a citizen of Bosnia and Herzegovina such relinquishment shall not be allowed if the said citizen is opposed thereto, unless compensation insurance was deposited for the injured party’ claim under property law.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Section 1 Procedure of Extradition from Bosnia and Herzegovina to Another Country

Article 414

Extradition of suspects or accused or convicted persons from Bosnia and Herzegovina to another state shall be carried out under the provisions of this Code, unless otherwise determined by the legislation of Bosnia and Herzegovina or an international agreement.

The procedure to extradite suspects or accused persons against whom criminal proceedings are ongoing before international criminal courts shall be regulated by special legislation.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 415

Requirements for Extradition

The requirements for extradition shall be as follows:

a) that a person whose extradition has been requested is not a citizen of Bosnia and Herzegovina;

b) that a person, whose extradition has been requested, has not been granted an asylum in Bosnia and
Herzegovina, or that the person in question had not filed a motion for asylum until the moment of filing the request for extradition in Bosnia and Herzegovina;

c) that the offense on the basis of which the extradition has been requested was not committed in the territory of Bosnia and Herzegovina, against it or its citizen;

d) that the offense on the basis of which the extradition has been requested constitutes a criminal offense under the domestic legislation as well as under the legislation of the state in which it was committed;

e) that the offense on the basis of which the extradition has been requested is not a political or military criminal offense;

f) that the statute of limitation does not apply with respect to criminal prosecution or execution of the sentence under the domestic legislation before the alien is taken into custody or examined as a suspect or accused, that the alien whose extradition has been requested has not been convicted for the same criminal offense by a domestic Court or that he has not been validly released by the domestic Court with regard to the same offense, unless conditions have been obtained for a renewal of the criminal proceedings as provided for by this Code, or that no criminal proceedings were instituted in Bosnia and Herzegovina against the alien for the same criminal offense, and if the proceedings were instituted for an offense committed against a citizen of Bosnia and Herzegovina it is required that compensation insurance was deposited for the claim under property law of the injured party;

g) that the identity of the person whose extradition has been requested is verified;

h) that there are sufficient evidence for a suspicion that the alien whose extradition has been requested committed a criminal offense or that there is a valid verdict;

i) that the extradition of an alien has not been requested for the following purposes: criminal prosecution or punishment on the grounds of his race, sex, national or ethnic origin, religious belief or political views and that his extradition has not been requested on the grounds of a criminal offense that carries a death sentence under the legislation of the country which has requested the extradition unless the state which has requested the extradition has granted a guarantee that no death sentence shall be pronounced or executed.

(2) Domestic legislation, in terms of Item d) of Paragraph 1, of this Article shall be understood to mean the legislation of Bosnia and Herzegovina, legislation of the Federation of Bosnia and Herzegovina, legislation of Republika Srpska and legislation of the Brčko District of Bosnia and Herzegovina.

(3) Domestic Court, in terms of Item f) of Paragraph 1, of this Article shall be understood to mean all Courts in the territory of Bosnia and Herzegovina in charge of criminal matters.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 416

Request for Extradition

The procedure for the extradition of suspect, indicted or convicted aliens shall be initiated upon request of a foreign
state.

The request for extradition shall be submitted through diplomatic channels.

The following items must be attached to the request for extradition:

a) items for establishing the identity of the suspect, indicted or convicted person (precise description,
photographs, fingerprints etc.);

b) certificate or other data on the citizenship of the alien;

c) indictment or verdict or decision on detention or any other act which is equivalent to this decision, in the original copy or certified transcript, which should indicate the name and surname of the person whose extradition has been requested and other data necessary for verifying his identity, description of the offense, legal name of the criminal offense and evidence for suspicion;

d) excerpt from the text of the criminal code of a foreign state which is to be applied or has been applied to the suspect, indicted or convicted person for the offense on account of which the extradition has been requested, and if the offense has been committed on the territory of a third country, then also the excerpt from the text of the criminal code of that country.

If the attachments referred to in Paragraph 3 of this Article have been written in a foreign language, a certified translation into one of the official languages in Bosnia and Herzegovina should be attached.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 423

Decision Establishing Legal Requirements for Extradition

If the Panel (Article 24, Paragraph 7) has found that legal requirements for the extradition of the alien have been fulfilled, it shall confirm that by way of a decision. The alien shall have the right to appeal such a decision to the Appellate Division Panel.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 425

Authorisation, Refusal and Postponement of the Extradition

The Minister of the competent Ministry of Bosnia and Herzegovina shall issue a decision either authorizing or not authorizing the extradition. The minister may issue a decision to postpone the extradition because criminal proceedings before a domestic Court are underway against the alien whose extradition has been requested due to another criminal offense or because the alien is serving a sentence in Bosnia and Herzegovina.

The Minister of the competent Ministry of Bosnia and Herzegovina may refuse the extradition if criminal offenses for which the domestic law has foreseen a prison sentence of up to three (3) years are in question, or if a foreign court has imposed a custodial sentence of up to one (1) year.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 126

The decision authorized the extradition of the alien shall mention the following:

a) that he cannot be prosecuted for another criminal offense committed prior to the extradition;

b) that he cannot be subjected to the enforcement of a sentence for another criminal offense committed prior to the extradition;

c) that a sentence more severe than the sentence he has been convicted to cannot be applied to him;

d) that he cannot be extradited to a third country for prosecution for a criminal offense committed prior to the extradition being authorized.

Apart from the reasons referred to in Paragraph 1 of this Article, other conditions for extradition may be also put forward in the decision.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 427

Procedure in Case of a Larger Number of Requests for Extradition

If extradition of the same person has been requested by several foreign states due to the same criminal offense, precedence shall be given to the request of the state whose citizen that person is, and if that state does not request the extradition, then precedence shall be given to the request of the state on the territory of which the criminal offense has been committed, and if the offense has been committed on the territory of several states or if it is not known where the offense has been committed – precedence shall be given to the request of the state which was the first to request the extradition.

If the extradition of the same person has been requested by several foreign states due to different criminal offenses, precedence shall be given to the request of the state whose citizenship that person has, and if this state does not request extradition, then precedence shall be given to the request of the state on the territory of which the most severe criminal offense has been committed, and if the offenses are of the same gravity – precedence shall be given to the request of the state which was the first to request extradition.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Article 427

Procedure in Case of a Larger Number of Requests for Extradition

If the extradition of the same person has been requested by several foreign states due to different criminal offenses, precedence shall be given to the request of the state whose citizenship that person has, and if this state does not request extradition, then precedence shall be given to the request of the state on the territory of which the most severe criminal offense has been committed, and if the offenses are of the same gravity – precedence shall be given to the request of the state which was the first to request extradition.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Section 2 Procedure of Extradition from Another State to Bosnia and Herzegovina

Article 428

Filing Request for Extradition

If criminal proceedings are conducted in Bosnia and Herzegovina against the person who is situated in a foreign state, or if a domestic Court has imposed a sentence on the person who is situated in a foreign state, the Minister of the competent Ministry of Bosnia and Herzegovina may submit the request for extradition.

The request shall be submitted through diplomatic channels and documents and data referred to in Article 416 of this Code shall be attached to it.

Chapter 31 Procedure to Extradite Suspects or Accused and Convicted Persons

Section 2 Procedure of Extradition from Another State to Bosnia and Herzegovina

Article 429

Request for Temporary Detention

When there is a risk that the person whose extradition has been requested will escape or go into hiding, the Minister of competent Ministry of Bosnia and Herzegovina may, even prior to the action taken in line with Article 428 of this Code, request that necessary measures be taken against that person for the purpose of his detention.

Data on the identity of the person looked for, nature and name of the criminal offense, number of decision, date, place and name of the authority which has decided on detention or data on the effectiveness of the ruling shall be particularly indicated in the request for a temporary detention, as well as the statement that the extradition shall be requested through regular channels.