Chapter 23 Regular Legal Remedies

Section 1 Appeal Against the First Instance Verdict

Article 297

Essential Violations of the Criminal Procedure Provisions

(1) The following constitute an essential violation of the provisions of criminal procedure:

(a) if the Court was improperly composed in its membership or if a judge participated in pronouncing the verdict who did not participate in the main trial or who was disqualified from trying the case by a final decision;

(b) if a judge who should have been disqualified participated in the main trial;

(c) if the main trial was held in the absence of a person whose presence at the main trial was required by law, or if in the main trial the defendant, defense attorney or the injured party, in spite of his petition was denied the use of his own language at the main trial and the opportunity to follow the course of the main trial in his language;

(d) if the right to defense was violated;

(c) if the public was unlawfully excluded from the main trial;

(d) if the Court violated the rules of criminal procedure on the question of whether there existed an approval of the competent authority;

(e) if the Court reached a verdict and was not competent, or if the Court rejected the charges improperly due to a lack of competent jurisdiction;

(f) if, in its verdict, the Court did not entirely resolve the contents of the charge;

(g) if the verdict is based on evidence that may not be used as the basis of a verdict under the provisions of this Code;

(h) if the charge has been exceeded;

(i) if the wording of the verdict was incomprehensible, internally contradictory or contradicted the grounds of the verdict or if the verdict had no grounds at all or if it did not cite reasons concerning the decisive facts.

(2) There is also a substantial violation of the principles of criminal procedure if the Court has
not applied or has improperly applied some provisions of this Code to the preparation of the
main trial or during the main trial or in rendering the verdict, and this affected or could have
affected the rendering of a lawful and proper verdict.

Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Article 217

Accepting Gifts and Other Forms of Benefits

(1) An official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person or who accepts a promise of a gift or a benefit for himself or another person in order to perform within the scope of his official function an act, which ought not to be performed by him, or for the omission of an act, which ought to be performed by him or whoever mediates in such bribing of an official or responsible person, shall be punished by imprisonment for a term between one and ten years.

(2) An official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person or who accepts a promise of a gift or a benefit for himself or another person in order to perform within the scope of his official function an act, which ought to be performed by him, or for the omission of an act, which ought not to be performed by him or whoever mediates in such bribing of an official or responsible person, shall be punished by imprisonment for a term between six months and five years.

(3) The punishment referred to in paragraph 1 of this Article shall be imposed on an official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person following the performance or omission of an official act referred to in paragraphs 1 and 2 of this Article and in relation to it.

(4) The gifts or any other benefits shall be forfeited.

Chapter 20 Criminal Offences Against Administration of Justice

Article 241

Obstruction of Justice

a) Whoever uses physical force, threats or intimidation or the promise, offering or giving of undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a criminal proceedings conducted pursuant to the law of Bosnia and Herzegovina,
shall be punished by imprisonment for a term between one and ten years.

b) Whoever uses physical force, threats or intimidation to interfere with the exercise of official duties by a judge, prosecutor or law enforcement official person in relation to a criminal proceedings conducted pursuant to the law of Bosnia and Herzegovina, shall be punished by imprisonment for a term between one and ten years not less than three years.

Chapter 20 Criminal Offences Against Administration of Justice

Article 241a

Obstructing an Official Person in Execution of Official Duty

(1) Whoever, by force or threat of immediate use of force, prevents an official person in the institutions of Bosnia and Herzegovina from performing an official act falling within the scope of his authority or, by using the same means, coerces him to perform an official act, shall be punished by imprisonment for a term between three months and three years.

(2) If, by the criminal offense referred to in paragraph (1) of this Article, the official person is maltreated or a minor bodily injury is inflicted upon him, or the criminal offense has been perpetrated by threatening to use weapons, the perpetrator shall be punished by imprisonment for a term between six months and five years.

(3) Whoever perpetrates the criminal offense referred to in paragraphs (1) and (2) of this Article against an official person carrying out the work related to the security of Bosnia and Herzegovina, to the apprehension of perpetrators of criminal offenses or to the guarding of confined persons, shall be punished by imprisonment for a term between one and ten years.

(4) If the perpetrator of the criminal offense referred to in paragraphs (1) through (3) of this Article has been provoked by illegal or rude treatment on the part of the official person, he may be relieved of punishment.

Chapter 20 Criminal Offences Against Administration of Justice

Article 241b

Attack against an Official Person while Carrying out Security Work, Discovering or Apprehending Perpetrators of Criminal Offenses

(1) Whoever attacks or seriously threatens to attack an official person of the institutions of Bosnia and Herzegovina or a person who assists an official person in carrying out work related to the security of Bosnia and Herzegovina, discovering or apprehending perpetrators of criminal offenses or to the guarding of confined persons, shall be punished by imprisonment for a term of between three months and three years.

(2) If, by the criminal offense referred to in paragraph (1) of this Article, a minor bodily injury is inflicted upon the official person or upon the person who assists him, or if the criminal offense referred to in paragraph (1) of this Article is perpetrated with the threat to use weapons, the perpetrator shall be punished by imprisonment for a term between six months and five years.

(3) If, by the criminal offense referred to in paragraph (1) of this Article, a serious bodily injury is inflicted upon the official person or upon the person who assists him, the perpetrator shall be punished by imprisonment for a term between one and ten years.

(4) If the perpetrator of the criminal offense referred to in paragraphs (1) through (3) of this Article has been provoked by illegal or rude treatment on the part of the official person or the person who assists him, he may be relieved of punishment.