Part 1 Basic Provisions

Chapter 8 Actions aimed at Obtaining Evidence

Section 4 Questioning of the Subject

Article 77

Basic Rules on Questioning

The suspect under investigation shall be questioned by the Prosecutor or an authorised official.

The questioning of the suspect must be done with full respect to the personal integrity of the suspect. During questioning of the suspect it shall be forbidden to use force, threat, fraud, narcotics or other means that may affect the freedom of decision-making and expression of will while giving a statement or confession.

If actions were taken contrary to Paragraph (2) Paragraph (2) of this Article, the decision of the Court may not be based on the statement of the suspect.

Part 1 Basic Provisions

Chapter 8 Actions aimed at Obtaining Evidence

Section 4 Questioning of the Subject

Article 78

Instructing the Suspect on His Rights

At the first questioning the suspect shall be asked the following questions: his name and surname; nickname if he has one; name and surname of his parents; maiden name of his mother; place of birth; place of residence; date, month and year of birth; ethnicity and citizenship; identification number of Bosnia and Herzegovina citizen; profession; family situation; is he literate; completed education; has he served in the army, and if so, when and where; whether he has a rank of a reserve officer; whether he is entered in the military records and if yes with which authority in charge of defense affairs; whether he has received a medal; financial situation; previous convictions and, if any, reasons for the conviction; if convicted whether he served the sentence and when; are there ongoing proceedings for some other criminal offense; and if he is a minor, who is his legal representative.

The suspect shall be instructed to obey summonses and to inform the authorized officials immediately about every change of an address or intention to change his residence, and the suspect shall also be instructed about consequences if he does not act accordingly.

At the beginning of the questioning, the suspect shall be informed of the grounds for the charge and he shall be informed of the following rights:

the right not to present evidence or answer questions;
the right to retain a defense attorney of his choice who may be present at questioning and the right to a defense attorney at no cost in such cases as provided by this Code;
the right to comment on the charges against him, and to present all facts and evidence in his favour, and that, if he does so in the presence of the defence attorney, the statement made shall be admissible as evidence at the main trial and may, without his consent, be read and used at the main trial;
that during the investigation, he is entitled to study files and view the collected items in his favor unless the files and items concerned are such that their disclosure would endanger the aim of investigation;
the right to an interpreter service at no cost if the suspect does not understand the language used for questioning.

The suspect may voluntarily waive the rights stated in Paragraph 2 of this Article but his questioning may not commence unless his waiver has been recorded officially and signed by the suspect. To waive the right to a defense attorney shall not be possible for the suspect under any circumstances in case of a mandatory defense under this Code.

In the case when the suspect has waived the right to a defense attorney, but later expressed his desire to retain one, the questioning shall be immediately suspended and shall resume when the suspect has retained or has been appointed a defense attorney, or if the suspect has expressed a wish to answer the questions.

If the suspect has voluntarily waived the right not to answer the questions asked, he must be allowed to present views on all facts and evidence that speak in his favor.

If any actions have been taken contrary to the provisions of this Article, the Court’s decision may not be based on the statement of the suspect.