Bosnia and Herzegovina - Revision history

IBJadmin: /* Means of Protecting and Enforcing Rights */

2025-02-27T14:23:18Z

Means of Protecting and Enforcing Rights

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	<li>'''Contempt:'''		<li>'''Contempt:'''

	Under Art.242 CPC ~~BiHxlvii~~, a person may be held in contempt of Court, removed from proceedings, or fined for the disruption of order.		Under Art.242 CPC BiH, a person may be held in contempt of Court, removed from proceedings, or fined for the disruption of order.
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	==Pre-Trial Procedure==		==Pre-Trial Procedure==

IBJadmin: /* Rights in Prison */

2025-02-20T16:04:29Z

Rights in Prison

← Older revision		Revision as of 18:04, 20 February 2025
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	<li>'''Immigrant's Rights in Detention:'''		<li>'''Immigrant's Rights in Detention:'''
	Immigrants, as under Art.~~52lxxxix~~ above, have a right to non-discrimination. There are, however, no special provisions of the law pertaining to immigrants in detention		Immigrants, as under Art.52 above, have a right to non-discrimination. There are, however, no special provisions of the law pertaining to immigrants in detention
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IBJadmin: /* Rights of the Accused */

2025-02-20T16:04:11Z

Rights of the Accused

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	<li>'''Right to Equal Protection of the Laws:'''		<li>'''Right to Equal Protection of the Laws:'''

	Under Art. II(4) of the Constitution of Bosnia and ~~Herzegovinaxxxii~~, the enjoyment of the rights and freedoms enshrined within the Constitution, must be secured to all persons without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social opinion, association with a national minority, property, birth or other status.		Under Art. II(4) of the Constitution of Bosnia and Herzegovina, the enjoyment of the rights and freedoms enshrined within the Constitution, must be secured to all persons without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social opinion, association with a national minority, property, birth or other status.

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IBJadmin: /* Court Procedures */

2025-02-20T16:03:34Z

Court Procedures

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	The trial follows an adversarial format, with both prosecution and defense given the opportunity to put forward and rebut defense, and to engage in examination of witnesses. The main trial is public, though the public may be excluded if deemed necessary.		The trial follows an adversarial format, with both prosecution and defense given the opportunity to put forward and rebut defense, and to engage in examination of witnesses. The main trial is public, though the public may be excluded if deemed necessary.
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	<li>''Defendant:''		<li>''Defendant:''
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	Under Art.246 CPC BiH, the defendant must appear at the main trial, and under Art.247, trials in absentia are banned.		Under Art.246 CPC BiH, the defendant must appear at the main trial, and under Art.247, trials in absentia are banned.
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	<li>''Lawyers:''		<li>''Lawyers:''

	Under Art.248 CPC BiH, the defense attorney is under an obligation to appear and may be fined if their absence is unjustified.		Under Art.248 CPC BiH, the defense attorney is under an obligation to appear and may be fined if their absence is unjustified.
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	<li>''Expert Witnesses:''		<li>''Expert Witnesses:''

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	Under Art.98l, certain persons whose impartiality is in question may not be sought as expert witnesses.		Under Art.98l, certain persons whose impartiality is in question may not be sought as expert witnesses.
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	<li>''Judges:''		<li>''Judges:''

	According to Art.241 CPC BiH, it is the duty of the judge or the presiding judge to ensure the maintenance of order in the courtroom and the dignity of the Court. Under Art.267, The judge is obligated to protect the witness from insults, threats and attacks. It is also the judge, or panel of judges, that pronounces the verdict.		According to Art.241 CPC BiH, it is the duty of the judge or the presiding judge to ensure the maintenance of order in the courtroom and the dignity of the Court. Under Art.267, The judge is obligated to protect the witness from insults, threats and attacks. It is also the judge, or panel of judges, that pronounces the verdict.
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	<li>''Victims:''		<li>''Victims:''

IBJadmin: /* Court Procedures */

2025-02-20T16:02:28Z

Court Procedures

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	An indictment may also cover more than one criminal offense or more than one suspect.		An indictment may also cover more than one criminal offense or more than one suspect.


	<li>''Preliminary Hearing:'' Under Art.233a CPC BiH, during the preparation for the main trial, the judge may hold a hearing with the parties to the proceedings and the defense attorney to consider issues relevant to the main trial.		<li>''Preliminary Hearing:'' Under Art.233a CPC BiH, during the preparation for the main trial, the judge may hold a hearing with the parties to the proceedings and the defense attorney to consider issues relevant to the main trial.
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	<li>''Discovery:'' Under Art.47 CPC BiH, the defendant or defense attorney has a right to inspect all files and evidence. The judge or Prosecutor is also bound to submit any new evidence to the defense. </ul>		<li>''Discovery:'' Under Art.47 CPC BiH, the defendant or defense attorney has a right to inspect all files and evidence. The judge or Prosecutor is also bound to submit any new evidence to the defense. </ul>

IBJadmin: /* Rights in Prison */

2025-02-20T16:01:22Z

Rights in Prison

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	Under Art.52 of the Law of Bosnia and Herzegovina on the Execution of Criminal Sanctions, Detention and Other Measures, a requirement of humane treatment is enshrined. The treatment of detainees and prisoners must be humane and with respect for their human dignity, preserving their physical and mental health, taking into account the maintenance of necessary order and discipline. No one is to be subjected to torture, inhuman or degrading treatment or punishment, and the treatment of detainees and prisoners shall be without any prejudice on the basis of their ethnicity, race, color, gender, sexual orientation, language, religion or faith, political or other beliefs, national or social background, consanguinity, economic or any other status.		Under Art.52 of the Law of Bosnia and Herzegovina on the Execution of Criminal Sanctions, Detention and Other Measures, a requirement of humane treatment is enshrined. The treatment of detainees and prisoners must be humane and with respect for their human dignity, preserving their physical and mental health, taking into account the maintenance of necessary order and discipline. No one is to be subjected to torture, inhuman or degrading treatment or punishment, and the treatment of detainees and prisoners shall be without any prejudice on the basis of their ethnicity, race, color, gender, sexual orientation, language, religion or faith, political or other beliefs, national or social background, consanguinity, economic or any other status.

	The 2021 report on the detention conditions in Bosnia and Herzegovina by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has, however, found significant failures to adhere to basic prisoner rights, including acts extreme enough to constitute torture.
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IBJadmin: /* Court Procedures */

2025-02-20T16:00:39Z

Court Procedures

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	<li>''Victims:''		<li>''Victims:''

	A victim in the trial is treated as a witness, having the same rules apply to the other witnesses.		A victim in the trial is treated as a witness, having the same rules apply to the other witnesses.</ul>
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	~~<br>~~		<li>'''Sentencing:'''
	~~<ul>~~<li>''Sentencing:''

	Under Art.290 CPC BiH, the decision must include a reasoned opinion for each count within the verdict and shall specifically and completely state which facts and on what grounds the Court finds to be proven or unproven, furnishing an assessment of the credibility of contradictory evidence, the reasons why the Court did not sustain the various motions of the parties, the reasons why the Court decided not to directly examine the witness or expert whose testimony was read, and the reasons guiding the Court in ruling on legal matters and especially in ascertaining whether the criminal offence was committed and whether the accused was criminally responsible and in applying specific provisions of the Criminal Code to the accused and to his act.		Under Art.290 CPC BiH, the decision must include a reasoned opinion for each count within the verdict and shall specifically and completely state which facts and on what grounds the Court finds to be proven or unproven, furnishing an assessment of the credibility of contradictory evidence, the reasons why the Court did not sustain the various motions of the parties, the reasons why the Court decided not to directly examine the witness or expert whose testimony was read, and the reasons guiding the Court in ruling on legal matters and especially in ascertaining whether the criminal offence was committed and whether the accused was criminally responsible and in applying specific provisions of the Criminal Code to the accused and to his act.
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	<li>''Appeals:''		<li>'''Appeals:'''

	Under Art.292 CPC BiH, an appeal of the first instance verdict is possible within 15 days of the delivery of a copy of the verdict. This may be filed both by the defendant (or their close family), or the Prosecutor, but the Prosecutor must have the accused’s will, unless a long sentence of imprisonment is imposed on the accused. According to Art.311, appeals will be denied if they are filed late.		Under Art.292 CPC BiH, an appeal of the first instance verdict is possible within 15 days of the delivery of a copy of the verdict. This may be filed both by the defendant (or their close family), or the Prosecutor, but the Prosecutor must have the accused’s will, unless a long sentence of imprisonment is imposed on the accused. According to Art.311, appeals will be denied if they are filed late.

IBJadmin: /* Rights of the Accused */

2025-02-20T15:58:57Z

Rights of the Accused

← Older revision		Revision as of 17:58, 20 February 2025
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	<li>'''Right Against Ex Post Facto Prosecution:''' Under Art. 4 Criminal Code ~~BiHxxxiv~~, the law that was in effect at the time when the criminal offence was perpetrated shall apply to the perpetrator of the criminal offence, and if the law has since been amended, the most lenient should apply.		<li>'''Right Against Ex Post Facto Prosecution:''' Under Art. 4 Criminal Code BiH, the law that was in effect at the time when the criminal offence was perpetrated shall apply to the perpetrator of the criminal offence, and if the law has since been amended, the most lenient should apply.
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IBJadmin: /* Source of Defendants Rights */

2025-02-20T15:58:20Z

Source of Defendants Rights

← Older revision		Revision as of 17:58, 20 February 2025
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	Bosnia and Herzegovina is bound by various other international instruments as well, namely: The International Covenant on Civil and Political Rights (ICPCR); the Convention on the Rights of the Child; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment.		Bosnia and Herzegovina is bound by various other international instruments as well, namely: The International Covenant on Civil and Political Rights (ICPCR); the Convention on the Rights of the Child; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment.
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IBJadmin: /* Source of Defendants Rights */

2025-02-20T15:58:13Z

Source of Defendants Rights

← Older revision		Revision as of 17:58, 20 February 2025
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	Bosnia and Herzegovina is bound by various other international instruments as well, namely: The International Covenant on Civil and Political Rights (ICPCR); the Convention on the Rights of the Child; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment.		Bosnia and Herzegovina is bound by various other international instruments as well, namely: The International Covenant on Civil and Political Rights (ICPCR); the Convention on the Rights of the Child; and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment.
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	==Rights of the Accused==		==Rights of the Accused==