Facilitating voluntary appearance of persons - national proceedings

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 XXI - THE MAIN TRIAL

Section 7 – EVIDENTIARY PROCEDURE

Article 267 - Protection of Witnesses from Insults, Threats and Attacks

The judge or the presiding judge is obligated to protect the witness from insults, threats and attacks.

The judge or the presiding judge shall warn or fine a participant in the proceedings or any other person who insults, threatens or jeopardizes the safety of the witness before the Court. In the case of the fine, provisions of Article 242(1) of this Code shall be applied.

In the case of a serious threat to a witness, the judge or the presiding judge shall inform the Prosecutor for the purpose of undertaking criminal prosecution.

At the petition of the parties or the defense attorney, the judge or the presiding judge shall order the police to undertake measures necessary to protect the witness.

Article 268 - Sanctions for Refusing to Testify

If a witness refuses to testify without providing a justified reason and after being warned of the consequences, the witness may be fined up to 30.000 KM.

(1) If the witness still refuses to testify, the witness may be imprisoned. The imprisonment shall last until the witness agrees to testify, or until his testimony becomes irrelevant, or until the completion of the criminal proceedings, but not longer than 30 days.

The Panel (Article 24(7) of this Code) shall decide on An appeal filed against the decision on fine or imprisonment. An appeal against the decision on fine and imprisonment shall not stay the execution of the decision.

Article 269 - Engagement of the Expert

The parties, the defense attorney and the Court may call for an expert.

Expenses of the expert referred to in Paragraph 1 of this Article shall be paid by the one who engaged the expert.

Article 270 - Examination of the Experts

(1) Before an examination of an expert, the judge or the presiding judge shall remind the expert of his duty to present his findings and opinion to the best of his knowledge and in accordance with his expertise and rules of his profession and shall warn him that the presentation of false findings and false opinions is a criminal offense.

The expert shall take an oath or affirmation prior to presenting his testimony.

The oath or affirmation shall be taken orally.

The text of the oath or affirmation is as follows: “I swear/affirm on my honor that I shall testify truthfully and shall present my findings and opinion accurately and completely.”

The written findings and opinion of the expert shall only be admitted as evidence if the expert in question testified at the main trial.

Article 271 - Discharging Witnesses and Experts

Witnesses and experts who have been examined by both parties and the defense attorney, or the Court, shall remain outside of the courtroom until the judge or presiding judge discharges them.
The judge or the presiding judge may order ex officio or on the motion of the parties or the defense attorney that examined witnesses and experts leave the courtroom and be subsequently recalled and reexamined in the presence of other witnesses and experts.

Article 272 -Examination out of the Court

If it is learned during the proceedings that a witness or expert is not able to appear before the Court or that his appearance would be of great difficulty, the judge or the presiding judge, if he deems the testimony of witness and expert important, may order that he be examined out of the Court. The judge or the presiding judge, the parties and the defense attorney shall be present at the examination, and the examination shall be conducted in accordance with Article 262 of this Code.

If the judge or the presiding judge finds it necessary, the examination of the witness may be carried out during a reconstruction of the criminal offense out of the Court. The judge or the presiding judge, the parties and the defense attorney shall be present at the reconstruction, and the examination shall be carried out in accordance with Article 262 of this Code.

The parties, defence attorney and injured party shall always be invited to attend the examination of witnesses or the reconstruction. The Examination shall be carried out as at the main trial in accordance with Article 262 of this Code.

If the judge or the presiding judge finds it necessary, the examination of minors as witnesses shall be carried out in accordance with Article 86(6) and Article 90 of this 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:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;