National procedures for execution of cooperation request

Bosnia and Herzegovina

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

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.

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:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.