Criminal Procedure Code at Bosnia and Herzegovina
Bosnia and Herzegovina's criminal procedure is governed by the Criminal Procedure Code of Bosnia and Herzegovina, enacted on January 24, 2003, under the authority of the High Representative for Bosnia and Herzegovina. This Code introduced significant reforms to align the country's criminal justice system with international standards, particularly those outlined in the European Convention on Human Rights. (Decision Enacting the Criminal Procedure Code of Bosnia and Herzegovina | Office of the High Representative)
📄 Key Features of the Criminal Procedure Code
1. Adversarial System Implementation
The Code established an adversarial trial system, transitioning from the inquisitorial model previously in place. This shift introduced new roles for judges, prosecutors, and defense attorneys, emphasizing the protection of defendants' rights and ensuring a fair trial process. (OSCE Mission issues report on new criminal procedure code of Bosnian and Herzegovina courts | OSCE)
2. Plea Bargaining
Plea bargaining was introduced as a mechanism to expedite legal proceedings and reduce case backlogs. This practice allows defendants to plead guilty in exchange for more lenient sentences, provided that the agreement complies with legal standards and is approved by the court. (OSCE Mission issues report on new criminal procedure code of Bosnian and Herzegovina courts | OSCE)
3. Fair Trial Rights
The Code enshrines several fundamental rights for individuals involved in criminal proceedings, including:
The right to be informed of charges promptly.
The right to legal counsel.
The right to a public trial within a reasonable time.
The right to remain silent and not to self-incriminate.
The right to an interpreter if necessary.
The right to appeal decisions. (Criminal Procedure Code of Bosnia and Herzegovina (2009, as amended 2013) (excerpts related to Fair Trial (Right to a)) (English) | LEGISLATIONLINE)
4. Custody and Detention
The Code specifies conditions under which individuals may be detained, ensuring that detention is lawful, necessary, and proportionate. It also outlines procedures for reviewing detention orders and provides safeguards against arbitrary detention.
5. Rehabilitation and Compensation
Individuals who have been unjustifiably convicted or deprived of liberty have the right to compensation and rehabilitation of their reputation, as stipulated by the Code. (Criminal Procedure Code of Bosnia and Herzegovina (2009, as amended 2013) (excerpts related to Fair Trial (Right to a)) (English) | LEGISLATIONLINE)
📘 Accessing the Full Text
The full text of the Criminal Procedure Code of Bosnia and Herzegovina, including its amendments, is available through the United Nations Office on Drugs and Crime (UNODC) website:
Criminal Procedure Code of Bosnia and Herzegovina (UNODC)
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