State investigation or prosecution – taking of evidence

Bosnia and Herzegovina

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

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XIX - INVESTIGATIVE PROCEDURE

Article 219 - Collection of statements and other evidence

In order to perform the tasks referred to in Article 218 of this Code, authorized officials may obtain the necessary information from persons; may make a necessary examination of vehicles, passengers and luggage; may restrict movement in a specified area during the time required to complete a certain action; may take the necessary steps to establish identity of persons and objects; may organize search to locate an individual or items being sought; may in the presence of a responsible individual search specified structures and premises of state authorities, public enterprises and institutions, examine specified documents belonging to state authorities or public enterprises or institutions, and take
other necessary steps and actions. A record or official notes shall be kept of facts and circumstances ascertained in the taking of various actions and also concerning items which have been found or forfeited.

In taking statements from persons, an authorized official may issue a written request to a person to appear at the police station, provided that the request designates the reasons for requesting the person’s appearance. A person is not obligated to give a statement or respond to any question posed by the authorized official, other than to give his own identity data. The authorized official shall inform the person about this right.

In taking statements from persons, the authorized official shall act in accordance with Article 78 of this
Code or in accordance with Article 86 of this Code. In that case, the records on the statements taken may be used as evidence in the criminal proceedings.

A person against whom any of the actions or measures referred to in this Article have been taken shall be entitled to file a complaint with the Prosecutor within a period of three (3) days. The Prosecutor shall verify the grounds of the allegations and if it is determined that the applied steps or measures contain the features of a criminal offense or a violation of the work obligation, the complaint shall be processed in accordance with the law.

The authorized official shall complete a criminal report based on the statements taken and evidence gathered. The criminal report shall be submitted along with physical articles, sketches, photographs, reports obtained, records of the measures and actions taken, official notes, statements taken and other materials, which could contribute to the effective conduct of proceedings, including all facts or evidence in favor of the suspect. If the authorized official learns of new facts, evidence or clues to the criminal offense after submitting the criminal report, they shall have a continuing duty to gather the necessary information and shall immediately submit a supplemental report to the Prosecutor.

The Prosecutor may take statements from persons in custody if this is necessary to detect other criminal offenses committed by the same person or his accomplices, or criminal offenses committed by other perpetrators.

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART TWO - COURSE OF THE PROCEEDINGS

CHAPTER XXI - THE MAIN TRIAL

Section 7 – EVIDENTIARY PROCEDURE

Article 264 - Special Evidentiary Rules When Dealing With Cases of Sexual Misconduct

It shall not be allowed to ask an injured party about any sexual experiences prior to the commission of the criminal offence in question. No evidence offered to show the injured party’s involvement in any previous sexual experience, behaviour, or sexual orientation shall be admissible.

Notwithstanding Paragraph 1 of this Article, evidence offered to prove that semen, medical documents on injuries or any other physical evidence may stem from a person other than the accused, is admissible.

In the case of the criminal offense against humanity and values protected by the international law, the consent of the victim may not be used in a favor of the defense.

Before admitting evidence pursuant to this Article, the Court must conduct an appropriate hearing in camera.

The motion, supporting documents and the record of the hearing must be sealed in a separate envelope, unless the Court orders otherwise.

Bosnia and Herzegovina - Law on Implementation of the Rome Statute of the International Criminal Court and Cooperation with the International Criminal Court 2009 EN

PART FOUR – COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
Article 21
(Takeover of the Proceedings from the International Criminal Court)
(3) The evidence collected or presented by the International Criminal Court may be used in the criminal proceedings in Bosnia and Herzegovina only if they are obtained or presented in accordance with the Rome Statute and Rules of Procedure and Evidence. The existence or non-existence of the facts to be proven by these pieces of evidence shall be evaluated pursuant to the Criminal Procedure Code.

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:

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