Seizure of assets - national proceedings

Bosnia and Herzegovina

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

CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA

PART ONE - BASIC PROVISIONS

CHAPTER VIII - ACTIONS AIMED AT OBTAINING EVIDENCE

Section 2 - SEIZURE OF OBJECTS AND PROPERTY

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.

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:

(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