Service of documents

Bosnia and Herzegovina

Bosnia and Herzegovina - Criminal Procedure Code 2003 (2013) EN

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER XIV - DELIVERY OF WRITS

Article 168-Manner of Delivery

Writs shall as a rule be delivered by mail. Delivery may also be made through an official person of the authority that rendered the decision or directly with that authority.

The Court may also communicate a summons to a main trial or other summons orally to a person who is before the Court; such communication shall include an instruction as to the consequences of a failure to appear. Orally communicated summons shall be noted in the record, which the person summoned shall sign, unless such summons has been recorded in the main trial record. It shall be considered that valid delivery has thereby been made.

Article 169 - Personal Delivery

A writ that under this Code must be personally served shall be delivered directly to the person to whom it is addressed. If a person to whom a writ must be personally delivered has not been found where the delivery was to take place, the writ server shall make inquiries as to when and where that person may be found and shall leave with one of the persons under Article 170 of this Code a written notice that he should be in his dwelling or at his workplace at a particular day and hour in order to receive the writ. If even after this the writ server does not find the person to whom the writ is to be delivered, he shall use the procedure under the provision of Article 170(1) of this Code, and it shall be assumed that the writ has been served.

Article 170 - Indirect Delivery

Writs for which this Code does not specify personal delivery shall also be delivered in person; but if the recipient is not found at home or at work, such documents may be given to any of adult members of his household, who must accept the writ. Should any of the household members not be found at home, the writ shall be left with a neighbor, if he consents to accept it. If a writ is delivered to a person at his workplace, and the person concerned has not been found there, the writ may be delivered to a person authorized to receive mail, who must accept the writ, or to a person employed at the same workplace, if he consents to accept it.

Should it be established that the person to whom a writ is to be delivered is absent and that persons under Paragraph 1 of this Article are therefore not in the position to present the writ to him in a timely manner, the writ shall be returned with an indication as to whereabouts of the absent person.

Article 171 - Contents of Personally Served Documents

The summons to the first examination in the investigation, the summons to the main trial, and the summons to the hearing for the pronouncement of the criminal sanction shall be personally served on the suspect or accused.

The indictment and also the verdict and other decisions for which the period of time for appeal commences on the date of their service, including the appeal by the opposing party submitted for an answer, shall be personally served on an accused who does not have a defense attorney. At the request of the accused, the verdict and other decisions shall be served on a person designated by him.
If an accused who does not have a defense attorney is to be delivered a verdict by which a sentence of imprisonment has been pronounced against him, and the verdict cannot be delivered at his previous address, the Court shall ex officio appoint an attorney for defense of the accused, who shall perform that duty until the new address of the accused is learned. The appointed defense attorney shall be given the necessary period of time to acquaint himself with the case file, whereupon the verdict shall be served on the appointed defense attorney and proceedings shall resume. If it concerns another decision whose date of delivery becomes the date of commencement of the period of time for an appeal or if it concerns an appeal of the opposing party that is being submitted for an answer, the decision or appeal shall be posted on the bulletin board of the Court, and at the end of eight (8) days from the date of posting it shall be assumed that valid delivery has been made.

If the accused has a defense attorney, the indictment and all decisions for which the period of time for filing an appeal commences on the date of delivery, and also the appeal of the opposing party submitted for an answer, shall be served on the defense attorney and the accused in accordance with the provisions of Article 170 of this Code. In such a case, the period for pursuing a legal remedy or answering the appeal shall commence on the date when the writ or notice is delivered to the accused or defense attorney. If the decision or appeal cannot be served on the accused because the accused has failed to report a change of address, the decision or appeal shall be posted on the bulletin board of the Court and at the end of eight (8) days from the date of posting it shall be assumed that valid delivery has been made.

If a writ or notice is to be delivered to the defense attorney of the accused, and he has more than one defense attorney, it shall be sufficient to make delivery to one of them.

Article 172 - Receipt Confirming Delivery

The recipient and the person making the delivery shall sign the receipt confirming that delivery has been made. The recipient shall himself indicate the date of service on the receipt.

If the recipient is illiterate or unable to sign his name, the person making the delivery shall sign on his behalf, shall indicate the date of service, and shall make a note as to why he signed for the recipient.
Should the recipient refuse to sign the receipt, the person making the delivery shall make a note to that effect on the receipt and shall indicate the date of delivery, whereby service is completed.

Article 173 - Refusal to Receive a Writ

If the recipient or an adult member of his family refuses to accept the writ, the person making the delivery shall note on the receipt the date, hour and reason for refusal, and shall leave the writ in the dwelling of the recipient or in his workplace, whereby service is completed.

Article 174 - Special Cases of Delivery

A summons shall be served on a person deprived of liberty through the Court or through the administration of the institution where he is an inmate.

Persons who enjoy the right of immunity in Bosnia and Herzegovina, unless otherwise specified under international treaties, shall be served summons through the competent Ministry of Bosnia and Herzegovina.

If the procedure set forth in Articles 408 and 409 of this Code does not apply, Bosnia and Herzegovina nationals abroad shall be served summonses through the diplomatic or consular missions of Bosnia and Herzegovina in a foreign country, provided that the foreign state does not oppose this manner of service and that the person being served the summons voluntarily consents to receive the summons.

An authorized official of the diplomatic or consular mission shall sign the receipt as the person making the delivery if the summons is served within the mission office itself, and if the summons is sent by mail, he shall so indicate on the receipt.

Article 175 - Delivery to the Prosecutor

Decisions and other writs or notices shall be delivered to the Prosecutor by delivery to the writing office of the Prosecutor’s Office.

In the case of delivery of decisions for which a period of time commences on the date of delivery, the date of presentation of the document to the Registry office of the Prosecutor’s Office shall be taken as the date of delivery.

Article 176 - Applicability of Corresponding Provisions of Other Laws

In cases that have not been specifically covered by this Code, the delivery shall be made according to the provisions that apply to a civil action before the Court.

Article 177 - Informing by Way of Telegram or Telephone

The persons other than the accused who are participants in the proceedings, may be informed of a summons to a main trial or other summons and of a decision postponing a main trial or other scheduled actions, by way of telegram or telephone if one can assume from the circumstances that notice given in that manner will be received by the persons to whom it is addressed.

An official note shall be made in the record that a summons or decision notice has been delivered in the manner provided by Paragraph 1 of this Article.

The harmful consequences prescribed for failure to take action may ensue for a person who has been informed or to whom a decision was sent under Paragraph 1 of this Article only if it is ascertained that he received in sufficient time the summons or decision and was made aware of the consequences of a failure to act.

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:

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

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