Other types of assistance - national procedures for ICC 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 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.

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:

(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.