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 51 -Search of dwellings, other premises and movable property
A search of dwellings and other premises of the suspect, accused or other persons, as well as their movable property outside the dwelling may be conducted only when there are sufficient grounds for suspicion that the perpetrator, the accessory, traces of a criminal offense or objects relevant to the criminal proceedings might be found there.
(1) Search of movable property pursuant to Paragraph (1) of this article shall include a search of computer systems, devices for automated and electronic data storage and mobile phones. Persons using such devices shall allow access to them, hand over any media with saved data, and provide the necessary information for the use of such devices. A person who refuses to do so may be punished under Article 65 (5) of this Code.
Searches of computers and similar devices described in Paragraph (2) of this Article may be conducted with the assistance of a competent professional.
Article 52 - Search of Persons
The search of a person shall be permitted if it is likely that the person has committed a criminal offense or that through a search some objects or traces relevant to the criminal proceedings may be found.
Search of a person shall be conducted by a person of the same sex.
Article 53 - A Search Warrant
The Court may issue a search warrant under the conditions provided by this Code.
A search warrant may be issued by the Court on the request of the Prosecutor or on the request of authorized officials who have been approved by the Prosecutor.
Article 54 - A Form of the Request for the Search Warrant
A request for the issuance of a search warrant may be submitted in writing or orally. If the request is submitted in writing, it must be drafted, signed and certified in the manner as defined in Article 55(1) of this Code. The request for the issuance of a search warrant may be submitted in accordance with Article 56 of this Code.
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.
Oral Request for a Search Warrant
An oral request for a search warrant may be filed when there is a risk of delay. An oral request for a search warrant may be communicated to a Court also by telephone, radio or other means of electronic communication.
If an oral request for a search warrant has been filed, the Court shall record the further course of communication. If an audio recording device is used or a stenographic record made, the record shall be sent within 24 hours to be transcribed, its authenticity shall be certified and it shall be kept along with the original record.
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.
Article 59 - Time of the Execution of a Search Warrant
A search warrant must be executed not later than 15 days from the day of its issuance and it must thereafter be returned to the Court without delay.
A search warrant may be executed on any day of the week. It may be executed only between the hours of 6:00 A.M. and 9:00 P.M., unless the warrant expressly authorizes execution thereof at any time of the day or night, as provided in Article 55(2) this Code.
Article 60 - Procedure of the Execution of a Search Warrant
Prior to the commencement of a search an authorized official must give notice of his authority and of the purpose of his arrival and show the warrant to the person whose property is to be searched or who himself is to be searched. If the authorized official is not thereafter admitted, he may resort to use of force in accordance with the law.
In executing a search warrant that directs a search of a dwelling or other premises, an authorized official need not give notice to anyone of his authority and purpose, but may promptly enter the dwelling or other premises if at the time they are unoccupied or reasonably believed by the authorized official to be unoccupied and if the search warrant specifically authorizes entry without notice.
The occupant of the dwelling or other premises shall be called to be present at the search, and if he is absent, his representative or an adult member of the household or a neighbor shall be called to be present. If the occupant of the dwelling or other premises is not present, the search warrant shall be left in the premise subject to search, and the search shall be conducted without the presence of the occupant.
A search of the dwelling or other premises or of the person shall be witnessed by two adult citizens. Witnesses of the same gender shall be present at the search of the person. Witnesses shall be instructed to pay attention as to how the search is conducted, and that they have the right to make comments before signing the record on the search if they believe that the content of the record is not truthful.
In conducting a search of official premises, the manager or person in charge shall be called in to be present at the search.
If a search is to be conducted in a military facility, a written search warrant shall be delivered to the military authority who shall assign at least one military person to be present at the search.
Article 61 - Duties and authority of an Authorized Official
In executing a search warrant directing or authorizing the search of a person, an authorized official must give notice of his authority and purpose to the person and must produce the warrant or a copy thereof at person’s request. The authorized official may use physical force in accordance with the law.
Article 62 - Recording the Search
A record shall be made regarding every search of dwellings or other premises or person, which shall be signed by the person whose dwellings or other premises or who is being searched, and the persons whose presence is mandatory. In executing a search, only those objects and documents shall be seized that relate to the purpose of the search in that individual case. The record shall include and clearly identify the objects and documents that are the subject of seizure, which shall be indicated in a receipt immediately to be given to the person from whom the objects or documents are being seized.
If, during a search of dwellings or other premises or a person, objects are found that are unrelated to the criminal offense for which the search warrant was issued, but indicate another criminal offense, they shall be described in the record and temporarily seized and a receipt on the seizure shall be issued immediately. The Prosecutor shall be notified thereof. Those objects shall be returned immediately if the Prosecutor establishes that there are no grounds for initiating criminal proceedings, and there is no other legal ground for seizing the objects.
The objects used in the search of the computer and similar electronic devices for automated data processing shall be returned to their users after the search, unless they are required for the further conduct of the criminal proceedings. Personal data obtained by the search may be used only for the purpose of the criminal proceedings and shall be deleted immediately after the purpose is fulfilled.
Article 63 - Seizure of Objects under a Search Warrant
Upon temporary seizure of objects pursuant to a search warrant, an authorized official must draft and sign a receipt indicating the objects seized and the name of the issuing Court.
If an object has been temporarily seized from a person, the receipt referred to in Paragraph 1 of this Article must be given to that person. If an object has been seized from a dwelling or other premises, such receipt must be given to the owner, tenant or user, as applicable.
Upon seizing objects pursuant to a search warrant, an authorized official must, without any delay delay, return to the Court the warrant and the property, and must file therewith a written inventory of the seized objects.
Upon receiving objects seized pursuant to a search warrant, the Court shall either: retain it in the custody of the Court pending further disposition; or direct that it be held in the custody of the applicant for the warrant or of the authorized official who executed it.
Article 64 - Search without a Warrant or Witnesses
(1) An authorized official may enter a dwelling or other premises without a warrant and without a witness and if necessary conduct a search if the tenant so desires, if someone calls for their help, if this is required to apprehend a suspect of a criminal offense who has been caught in the act, or for the sake of the safety of a person or property, if the person who is to be apprehended by the Court order is in the dwelling or other premises or if the person is hiding in the dwelling or in other premises.
(2) An authorized official may search a person without a search warrant and without witnesses:
when executing an apprehension warrant;
when arresting the person;
when there is suspicion that the person possesses a firearm or knife;
when there is suspicion that he will conceal or destroy articles that are to be taken from him and used as evidence in criminal proceedings.
(3) After an authorized official conducts a search without a search warrant or without the presence of witnesses, he must immediately submit a report to the Prosecutor who shall inform the preliminary proceedings judge. The report shall state the reasons why the search was completed without a warrant or witnesses.
Section 2 - SEIZURE OF OBJECTS AND PROPERTY
Article 65 - Order for Seizure of Objects
Objects that are the subject of seizure pursuant to the Criminal Code or that may be used as evidence in the criminal proceedings shall be seized temporarily and their custody shall be secured pursuant to a Court decision.
The seizure warrant shall be issued by the Court on the motion of the Prosecutor or on the motion of authorized officials who have been approved by the Prosecutor.
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.
The authorized official shall seize objects on the basis of the issued warrant.
Anyone in possession of such objects must turn them over at the order of the Court. A person who refuses to surrender articles may be fined in an amount up to 50.000 KM, and may be imprisoned if he persists in his refusal. Imprisonment shall last until the article is surrendered or until the end of criminal proceedings, but no longer than 90 days. An official or responsible person in a state body or a legal entity shall be dealt with in the same manner.
The provisions of Paragraph 5 of this Article shall also apply to the data stored in devices for automated or electronic data processing. In obtaining such data, special care shall be taken with respect to regulations governing the maintenance of confidentiality of certain data.
An appeal against a decision on fine or on imprisonment shall be decided by the Panel. An appeal against the decision on imprisonment shall not stay execution of the decision.
When articles are seized, a note shall be made of the place where they were found, and they shall be described, and if necessary, establishment of their identity shall also be provided for in some other manner. A receipt shall be issued for articles seized.
measures referred to in Paragraph 5 and 6 of this article may not be applied to the suspect, or the accused or to persons who are exempt from the duty to testify.
Article 66 - Seizure without the Seizure Warrant
If there is a risk of delay, items referred to in Article 65(1) of this Code may be seized even without the Court order. If the person affected by the search explicitly opposes the seizure of items, the Prosecutor shall, within 72 hours following the completion of the search, put forward to a preliminary proceedings judge a motion for a subsequent approval of the seizure of items.
If the preliminary proceedings judge denies the Prosecutor’s motion, the items seized may not be used as evidence in the criminal proceedings. The seized items shall be immediately returned to the person from whom they have been seized.
Article 67 - Seizure of Letters, Telegrams and other Mailed Objects
Seizure may be performed with respect to the letters and telegrams and other mailed objects that are addressed to or sent by the suspect or the accused and that are found with a company or persons
engaged in postal and telecommunication activities.
The seizure may also be performed with respect to the mailed objects referred to in Paragraph 1 of this Article when it can reasonably be expected that they will serve as evidence in the proceedings.
A seizure warrant for the temporary seizure of the mailed objects referred to in Paragraph 1 of this Article shall be issued by the Court on the motion of the Prosecutor.
A warrant for the temporary seizure of mailed objects may also be issued by the Prosecutor, should a delay pose a risk. the preliminary proceedings judge shall decide on its confirmation within 72 hours following the seizure.
If the warrant fails to be confirmed pursuant to the provision of the Paragraph 4 of this Article, the mailed objects may not be used as evidence in the proceedings.
The measures undertaken as provided under this Article shall not apply to the mail exchanged between the suspect or the accused and his or her defense attorney.
A seizure warrant referred to in Paragraph 3 of this Article shall include: information on the suspect or the accused whom the warrant concerns, the manner of execution of the warrant and the duration of the measure, and the company that will execute the measure imposed. The measures taken may not last longer than three (3) months, but for an important reason, the preliminary proceedings judge may extend the measures for three (3) additional months. The measures taken shall, however, be
terminated as soon as the reasons for taking them cease to exist.
If the interests of the proceedings permit, the suspect or the accused who is the subject of the measures referred to in Paragraph 1 shall be informed of those measures taken.
Mail delivered shall be opened by the Prosecutor in the presence of two witnesses. In opening the mail, care shall be taken not to break the seal and the packaging and the address shall be kept. A record shall be made regarding the opening.
The content of a part of the mail or the mail, as applicable, shall be communicated to the suspect or the accused or the recipient, and a part of the mail or the mail shall be handed over to that person, unless the Prosecutor, exceptionally, considers the transfer to be detrimental to the success of the criminal proceedings. If the suspect or the accused is absent, his family members shall be notified of the mail delivery. If the suspect or the accused does not request the delivery of the mail thereafter, the mail shall be returned to the sender.
Article 68 - A Written Inventory of the Seized Objects
After the seizure of objects and documentation, an inventory list of the temporarily seized objects and documents shall be made and a receipt concerning the objects and documents seized shall be written.
If making an inventory list of objects and documentation is impossible, the objects and documentation shall be wrapped and sealed.
Objects seized from a physical person or legal person may not be sold, given as a gift or otherwise transferred.
Article 69 - Right to Appeal
The person from whom objects or documentation are seized shall have the right to appeal.
The filing of an appeal referred to in Paragraph 1 of this Article shall not stay the temporary seizure of objects.
The Prosecutor has a right to appeal the decision of the Court by which the seized objects or documents are to be returned.
Article 70 - Safekeeping of the Seized Objects and Documentation
The seized objects and documentation shall be deposited with the Court, or the Court shall otherwise provide for their safekeeping.
Article 71 - Opening and Inspection of the Seized Objects and Documents
The opening and inspection of the seized objects or documentation shall be done by the Prosecutor.
The Prosecutor shall be bound to notify the person or the business enterprise from which the objects were seized, the preliminary proceedings judge and the defense attorney about the opening of the seized objects or documentation.
When opening and inspecting the seized objects and documents, attention shall be paid that no unauthorized person gets the insight into their contents.
Article 72 - Order Issued to a Bank or to Another Legal Person
If there are grounds for suspicion that a person has committed a criminal offense related to acquisition of material gain, the Court may at the motion of the Prosecutor issue an order to a bank or another legal person performing financial operations to turn over information concerning the bank accounts of the suspect or of persons who are reasonably believed to be involved in the financial transactions or affairs of the suspect, if such information could be used as evidence in the criminal proceedings.
The Court may, on the motion of the Prosecutor, order that other necessary measures referred to in Article 116 of this Code be taken in order to enable the detection and finding of the illicitly gained property and collection of evidence thereupon.
In case of an emergency, any of the measures referred to in Paragraph 1 may be ordered by the Prosecutor on the basis of an order. The Prosecutor shall seal the obtained information until the issuance of the court warrant. The Prosecutor shall immediately inform the preliminary proceedings judge on the measures undertaken, who may issue a court warrant within 72 hours. In case the preliminary proceedings judge does not issue the warrant, the Prosecutor shall return such information without accessing it.
The Court may issue a decision ordering a legal or physical person to temporarily suspend a financial transaction that is suspected to be a criminal offense or intended for the commission of the criminal offense, or suspected to serve as a disguise for a criminal offense or disguise of a gain obtained by a criminal offense.
The decision referred to in the previous Paragraph shall order that the financial resources designated for the transaction referred to in Paragraph 4 of this Article and cash amounts of domestic or foreign currency be temporarily seized pursuant to Article 65(1) of this Code and be deposited in a special account and kept until the end of the proceedings or until the conditions for their return are met.
An appeal may be filed against a decision referred to in Paragraph 4 of this Article by the Prosecutor, the owner of the cash in domestic or foreign currency, the suspect, the accused and the legal or physical person referred to in Paragraphs 4 and 5 of this Article.
Article 72a - Order to the telecommunications operator
(1) If there are grounds for suspicion that a person has committed a criminal offence, on the basis of motion of the Prosecutor or officials authorized by the Prosecutor, the Court may issue an order to a telecommunications operator or another legal person performing telecommunications services to deliver information concerning the use of telecommunications services by that person, if such information could be used as evidence in the criminal proceedings or in collecting information that could be useful to the criminal proceedings.
(2) In case of emergency, the Prosecutor may order the measures under Paragraph (1) of this Article, in which case the information received shall be sealed until the issuance of the court order. The Prosecutor shall immediately inform the preliminary proceedings judge, who may issue an order within 72 hours. In case the preliminary proceedings judge does not issue the order, the Prosecutor shall return such information unsealed.
(3) Measures under Paragraph (1) of this Article may also be ordered against a person if there are grounds for suspicion that he will deliver to the perpetrator or will receive from the perpetrator information related to the offence, or grounds for suspicion that the perpetrator uses a telecommunication device belonging to this person.
(4) Telecommunications operators or other legal persons who provide telecommunications services shall enable the Prosecutor and police authorities to enforce the measures referred to in Paragraph (1) of this Article.
Article 73 - Temporary Seizure of Property and Arrest in Property
At any time during the proceedings, the Court may, upon the motion of the Prosecutor, issue a temporary measure of property seizure under the Criminal Code of Bosnia and Herzegovina, arrest in property or shall take other necessary temporary measures to prevent any use, transfer or disposal of such property.
If there is a risk of delay, an authorized official may temporarily seize property referred to in Paragraph 1 of this Article, may carry out an arrest in property or take other necessary temporary measures to prevent any use, transfer or disposal of such property. An authorized official shall immediately inform the Prosecutor about the measures taken, while the preliminary proceedings judge shall decide about the measures within 72 hours following the undertaking of the measures.
If the Court denies approval, the measures taken shall be terminated and the objects or property seized returned immediately to the person from whom they have been seized.
Article 74 - Return of the Seized Property
Objects that have been seized during the criminal proceedings shall be returned to the owner or possessor once it becomes evident during the proceedings that their retention runs contrary to Article 65 of this Code and that there are no reasons for their seizure (Article 391).
Section 3 - PROCEDURE OF DEALING WITH SUSPICIOUS OBJECTS
Article 75 - Posted and Published Description of the Suspicious Objects
If another person’s object is found with the suspect or the accused and it is not known to whom it belongs, the authorized body conducting the proceedings shall describe the object and post the description on the notice board of the municipality of the residence of the suspect or the accused and the municipality where the criminal offense has been committed. The notice shall invite the owner to come forward within one (1) year from the date of the posting; otherwise, the object will be sold. The proceeds from the sale shall be credited to the Bosnia and Herzegovina Budget.
If the object is of high value, a description may also be published in a daily newspaper.
If the object is perishable or its safekeeping would entail significant costs, the object shall be sold pursuant to the provisions governing the judicial enforcement procedure and the proceeds shall be delivered for safekeeping to the Court.
The provision of Paragraph 3 of this Article shall also be applied when the object belongs to a runaway or an unknown perpetrator of a criminal offense.
Article 76 - Decisions on Suspicious Objects
If, within one (1) year, no one comes forward as the owner of the object or of the proceeds from the sale of the object, a decision shall be taken that the object shall become property of Bosnia and Herzegovina or that the proceeds shall be credited to the Bosnia and Herzegovina Budget.
The owner of the object shall be entitled to request in civil proceedings to repossess the object or to possess the proceeds from the sale of the object. The statute of limitations with respect to this right shall start running from the date of the posting or publication, as appropriate.
CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART ONE - BASIC PROVISIONS
CHAPTER IX - SPECIAL INVESTIGATIVE ACTIONS
Article 116 - Types of Special Investigative Actions and Conditions of Their Application
(1) If evidence cannot be obtained in another way or its obtaining would be accompanied by disproportional difficulties, special investigative measures may be ordered against a person against whom there are grounds for suspicion that he has committed or has along with other persons taken part in committing or is participating in the commission of an offense referred to in Article 117 of this Code.
(2) Measures referred to in Paragraph 1 of this Article are as follows:
surveillance and technical recording of telecommunications;
access to the computer systems and computerized data processing;
surveillance and technical recording of premises;
covert following and technical recording of individuals, means of transport and objects related to them;
undercover investigators and informants;
simulated and controlled purchase of certain objects and simulated bribery;
supervised transport and delivery of objects of criminal offense.
(3) Measures referred to in Subparagraph a) of Paragraph 2 of this Article may also be ordered against a person against whom there are grounds for suspicion that he will deliver to the perpetrator or will receive from the perpetrator of the offense referred to in Article 117 of this Code information in relation to the offense, or grounds for suspicion that the perpetrator uses a telecommunication device belonging to that person.
(4) Provisions regarding the communication between the suspect and his or her defense attorney shall apply accordingly to the discourse between the person referred to in Paragraph 1 of this Article and his or her defense attorney.
(5) In executing the measures referred to in Subparagraphs e) and f) of Paragraph 2 of this Article police authorities or other persons shall not undertake activities that constitute an incitement to commit a criminal offense. If nevertheless such activities are undertaken, this shall be an instance precluding the criminal prosecution against the incited person for a criminal offense committed in relation to those measures.
(6) An undercover investigator is a specially trained and authorised officer who conducts an investigation under an assumed identity. The undercover investigator may participate in legal transactions under his or her assumed identity. Relevant documents may be issued, changed, or used if necessary to establish and maintain such an assumed identity.
Article 117 - Criminal Offenses as to Which Special Investigative Measures May Be Ordered
Measures referred to in Article 116(2) of this Code may be ordered for following criminal offenses:
criminal offenses against the integrity of Bosnia and Herzegovina;
criminal offenses against humanity and values protected under international law;
criminal offenses of terrorism;
criminal offenses for which, pursuant to the law, a prison sentence of three (3) years or more may be pronounced.
Article 118 - Competence to Order the Measures and the Duration of the Measures
(1) Measures referred to in Article 116(2) of this Code shall be ordered by the preliminary proceedings judge in an order upon the properly reasoned motion of the Prosecutor containing: the data on the person against which the measure is to be applied, the grounds for suspicion referred to in Article 116(1) and (3) of this Code, the reasons for its undertaking and other important circumstances necessitating the application of the measures, the reference to the type of required measure and the method of its implementation and the extent and duration of the measure. The order shall contain the same data as those featured in the Prosecutor’s motion as well as ascertainment of the duration of the ordered measure.
Exceptionally, if a written order cannot be received in due time and if delay poses a risk, the execution of a measure referred to in Article 116 of this Code may commence on the basis of a verbal order pronounced by the preliminary proceedings judge. The written order of the preliminary proceedings judge must be obtained within 24 hours following the issue of the verbal order.
Measures referred to in Subparagraphs a) through d) and g) Article 116(2) of this Code may last up to one (1) month, while on account of particularly important reasons the duration of such measures may upon the properly reasoned motion of the Prosecutor be prolonged for a term of another month, provided that the measures referred to in Subparagraphs a), b) and c) last up to six (6) months in total, while the measures referred to in Subparagraphs d) and g) last up to three (3) months in total.
The motion as to the measure referred to in Article 116(2)(f) may refer only to a single act, whereas the motion as to each subsequent measure against the same person must contain a statement of reasons justifying its application.
The order of the preliminary proceeding judge and the motion of the Prosecutor referred to in Paragraph 1 of this Article shall be kept in a separate envelope. By compiling or transcribing the records without making references to the personal data therein about the undercover investigator and informant, or in another appropriate way, the Prosecutor and the preliminary proceedings judge shall prevent unauthorized persons as well as the suspect and his defense attorney from establishing the identity of the undercover investigator and of informant.
By way of a written order the preliminary proceedings judge must suspend forthwith the execution of the undertaken measures if the reasons for previously ordering the measures have ceased to exist.
The orders referred to in Paragraph 1 of this Article shall be executed by the police authorities. The companies performing the transmission of information shall be bound to enable the Prosecutor and police authorities to enforce the measures referred to in Article 116(2)(a) of this Code.
Article 119 - Materials Received through the Measures and Notification of the Measures Undertaken
Upon the completion of the application of the measures referred to in Article 116 of this Code, all information, data and objects obtained through the application of the measures as well as a report must be submitted by police authorities to the Prosecutor. The Prosecutor shall be bound to provide the preliminary proceedings judge with a written report on the measures undertaken. On the basis of the submitted report the preliminary proceedings judge shall evaluate the compliance with his order.
Should the Prosecutor refrain from prosecution, or should the data and information obtained through the application of the ordered measures not be needed for the criminal proceedings, they shall be destroyed under the supervision of the preliminary proceedings judge, of which event he shall make separate records. The person against whom any of the measures referred to in Article 116(2) of this Code were undertaken, shall be notified in writing of the undertaking of the measures, the reasons for their undertaking, information stating that the received material did not constitute sufficient grounds for criminal prosecution and was thereafter destroyed.
The preliminary proceedings judge shall forthwith and following the undertaking of the measures referred to under Article 116 of this Code inform the person against whom the measures were undertaken. That person may request from the Court a review of legality of the order and of the method by which the order was enforced.
Data and information received through the undertaking of the measures referred to in Article 116(2) of this Code shall be kept as long as the court file is being kept.
Article 120 -“Incidental Findings”
No data or information received through the undertaking of actions referred to in Article 116 of this Code shall be used as evidence if they are not related to a criminal offense referred to in Article 117 of this Code.
Article 121 - Acting Without the Court Order or Beyond Its Extent
If the measures referred to in Article 116 of this Code have been undertaken without the order of the preliminary proceedings judge or against the same, the Court cannot base its decision on the data or evidence thereby obtained.
Article 122 - Use of Evidence Obtained through the Undertaking of Special Measures
Technical recordings, documents and objects obtained as provided under the conditions and in the manner prescribed by this Code may be used as evidence in the criminal proceedings. The undercover investigator and informant referred to in Article 116(2)e) and the persons who have undertaken the measures referred to in Article 116(2)f) of this Code may be questioned as witnesses or as protected witnesses on the course of the measures or on other relevant circumstances.
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.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
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:
(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.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.