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In accordance with my authority under Annex 10 of the Peace Agreement and
Article XI of the Bonn Document, I do hereby decide that the Law on
Amendments to the Law on the Federation Prosecutor's Office enters into
force with immediate effect on an interim basis, until the Parliamentary
Assembly adopts this law in due form.
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Sarajevo, 30 July 1999
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Carlos Westendorp
High Representative
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Law on Amendments to the Law on the Federation Prosecutor's Office
Article 1
In the Law on the Federation Prosecutor's Office ("Official Gazette of the
BiH Federation", issue 2/95, 9/96 and 6/97), the name of the Law shall be
changed and shall read as follows:
"Law on the Federation's Prosecutor's Office"
(Interpreter's remark: the original text in Bosnian reads: "Zakon o
Federalnom tuzilastvu-Federalnom tuziteljstvu" whereby the Federation
Prosecutor's Office is given a dual name, the former in Bosnian and the
latter in Croatian.)
Article 2
Article 5 shall be replaced with the following language:
"The Federation Prosecutor may issue mandatory instructions to cantonal and
municipal prosecutors and carry out criminal prosecution in cantonal courts
wherein canton prosecutors fail to implement obligatory instructions.
"The Federation Prosecutor may issue obligatory instructions to cantonal and
municipal prosecutors and undertake prosecution in the matters related to
the economic violations as well as matters that may relate to terrorism,
international terrorism, narcotics trafficking, inter-cantonal and organized
crime as defined in federal legislation.
"The Cantonal and Municipal Prosecutors shall be required to act in
accordance with the obligatory instruction of the Federation Prosecutor and
inform in writing the Federation Prosecutor thereof, within the period of
time set in the obligatory instruction.
"The Federation Prosecutor may entrust some cases or actions falling within
the competencies of a Cantonal or a Municipal Prosecutor to another Cantonal
or Municipal Prosecutor".
Article 3
A second paragraph shall be added in Article 11 and it shall read as
follows:
The Federation Prosecutor's Office shall have the jurisdiction to prosecute
the persons who committed the criminal acts of terrorism, inter-cantonal
crime, unauthorized drug trafficking and organized crime in criminal matters
in the first instance, which the Law on the Supreme Court of the Federation
of Bosnia and Herzegovina ("Official Gazette of the BiH Federation " 2/95,
9/96 and __/99) defines as the competencies of that court.
Article 4
The following paragraph shall be added to Article 12:
"The Federation Prosecutor, when performing the function of prosecution for
Federal crime, as stipulated in the Constitution of the Federation and as
defined in Federal legislation, proceeds in the Supreme Court of the
Federation with the same powers and authority as provided for cantonal
prosecutors in the Federation Criminal Procedure Code. For other criminal
acts the Federation Prosecutor proceeds in the Supreme Court and other
courts of the Federation and in Cantonal courts as provided for in Article 5
of this Law.
Article 5
After Article 13, new Articles 13a,13b,13c and 13d shall be added, and shall
read as follows:
"Article 13a
If there is no Deputy at the Prosecutor's Office, and if the regular
performance of duties is called into question due to the absence or
incapacitation of the Prosecutor, or due to some other reasons, the
responsible higher-level Prosecutor may send his/her Deputy to perform the
tasks at the respective Prosecutor's Office temporarily, but not longer than
six months in one calendar year, or may decide that those duties should be
temporarily performed by the Prosecutor of Deputy Prosecutor from a
different Prosecutor's Office.
Article 13 b
In the procedure of the appointment of a Municipal or Cantonal Prosecutor or
his/her Deputy or Deputy Federation Prosecutor, the opinion of the
Federation Prosecutor on the qualifications of the Candidate shall be
obtained.
The rules on monitoring and keeping the record of the performance of
Prosecutors and their Deputies, as well as the manner of obtaining the data
on qualifications of the candidates for appointments referred to in the
previous Paragraph, shall be prescribed by the Federation Prosecutor.
Article 13c
The Cantonal Prosecutors shall regularly, and at least once every three
months, be required to submit to the Federation Prosecutor reports on the
status of criminality and the resolution of cases, as well as on the
performance of each Deputy Cantonal Prosecutor and Deputy Municipal
Prosecutor. "
Article 13d
Mutual relations between the Federal Prosecutor's Office and the cantonal
and municipal prosecutor offices shall be based on the rights and
obligations defined in the Constitution and law.
In the course of undertaking the activities under its competence, the
Federal Prosecutor's Office shall co-operate with cantonal and municipal
prosecutor offices for the purpose of exchange of information and experience
and reaching an agreement on issues of mutual interest.
At the request of the Federal Prosecutor's Office, cantonal and municipal
prosecutor offices are obliged to submit information and reports on issues
important for exercise of functions of the Federal Prosecutor's Office and
for implementation of federal policies and laws and other regulations.
Information and reports shall be submitted within the deadline set by the
Federal Prosecutor's Office.
Article 6
After Article 16, a new Article 16a shall be added, and shall read as
follows:
Article 16a
When the Federation Prosecutor receives a complaint in terms of the
provisions of Article 151, Paragraph 4 of the Law on Criminal Procedure
("Official Gazette of the BiH Federation," issue 43/98), he/she shall be
required to verify the validity of the complaint without delay and take
appropriate measures, as well as to inform the appellant of the validity of
the complaint.
Article 7
In Article 43, a second Paragraph shall be added, and shall read as follows:
"The Rules on Operation and Record-Keeping in Cantonal Prosecutor's Offices
must be brought into line with the Rules on Operation and Record-Keeping in
the Federation Prosecutor's Office.
Article 8
In Article 18, Paragraph 1 shall be amended and shall read as follows:
"The Federation Prosecutor shall have nine deputies."
After Paragraph 1, a new Paragraph 2 shall be added, and shall read as
follows:
"An equal number of Bosniaks and Croats shall be appointed to the positions
of the Federation Prosecutor and his/her Deputies, and the others shall be
appropriately represented."
The current Paragraph 2 shall become Paragraph 3, and Paragraph 3 shall
become Paragraph 4.
Article 9
This Law shall enter into force on the eighth day from the day of its
publication in the "Official Gazette of the BiH Federation".
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