Contents of request - national law requirements

Bosnia and Herzegovina

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

Article 55 - Contents of the Request for a Search Warrant

(1) The request for a search warrant must contain:

the name of the Court and the name and title of the applicant;

facts indicating the likelihood that the persons, or traces and objects referred to in Article 51(1) of this Code shall be found at the designated or described place, or with a certain person;

a request that the Court issue a search warrant in order to find the person in question or to forfeit the object.

(2) The request may also suggest that:

the search warrant be made executable at any time of the day or night, because there is grounded suspicion that the search cannot be executed between the hours of 6:00 A.M. and 9:00 P.M., the property sought will be removed or destroyed if not seized immediately, or the person sought is likely to flee or commit another criminal offense or may endanger the safety of the executing authorized official or another person, if the warrant is not executed immediately or between the hours of 9:00 P.M. and 6:00 A.M.;

the executing authorized official execute the warrant without prior presentation of the warrant, when there is grounded suspicion to believe that the property sought may be easily and quickly destroyed if not seized immediately, the presentation of such warrant may endanger the safety of the executing authorized official or another person or the person sought is likely to commit another criminal offense or may endanger the safety of the executing authorized official or another person.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 1 - SEARCH OF DWELLINGS OR OTHER PREMISES AND PERSONS

Article 57 - The Issuance of a Search Warrant

If the preliminary proceedings judge determines that the request for a search warrant is justified, he shall grant the request and issue a search warrant.

When the preliminary proceedings judge decides to issue a search warrant based upon an oral request, the applicant shall draft the warrant in accordance with Article 58 of this Code, and shall read it, verbatim, to the preliminary proceeding judge.

Article 58 - Contents of a Search Warrant

A search warrant must contain:

name of the issuing Court and, except where the search warrant has been obtained through an oral request, the signature of the preliminary proceedings judge who is issuing the warrant;

where the search warrant has been obtained through an oral request, it shall so indicate and it shall
state the name of the issuing preliminary proceedings judge and the time, date and place of issuance;

name, department or rank of the authorized official to whom it is addressed;

purpose of the search;

description of the person being sought or description of the property that is the subject of the search
designation or description of the dwelling or other premises or person to be searched, by indicating the
address, ownership, name or any similar data required for positive identification;

direction that the warrant be executed between hours of 6:00 A.M. and 9:00 P.M., or, where the Court has specifically so determined, an authorization for execution thereof at any time of the day;

an authorization, where the Court has specifically determined, for the executing authorized official to enter the premises to be searched without giving prior notice;

a direction that the warrant and any property seized pursuant thereto be delivered to the Court without delay;

an instruction that the suspect is entitled to notify the defense attorney and that the search may be executed without the presence of the defense attorney if required by the extraordinary circumstances.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 2 - SEIZURE OF OBJECTS AND PROPERTY

Article 65 - Order for Seizure of Objects

The seizure warrant shall contain the name of the Court, legal grounds for undertaking the action of seizure of objects, indication of the objects that are the subject of seizure, the name of the person from whom objects are to be seized, and the timeframe within which the objects are to be seized.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.