Conditions for Extension of Special Investigative Actions - Challenges and Case Law

Abstract

In the content of the paper, the authors deal with the application of the amended provisions of the Criminal Procedure Code of Bosnia and Herzegovina, which relate to the conditions for the extension of previously determined special investigative actions. The paper provides an overview of the available case law of the Court of Bosnia and Herzegovina and the Prosecutor’s Office of Bosnia and Herzegovina in meeting the standards for extension of special investigative actions, all with regard to the application of the amended provisions of the Criminal Procedure Code of Bosnia and Herzegovina that are harmonised with the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms. The paper analyses the amended provisions of the Criminal Procedure Code regarding the purpose of fulfilling the obligations arising from the Decision of the Constitutional Court of Bosnia and Herzegovina Ref. No. 5/16 and also analyses the application of such amended provisions in the case law of the Court of Bosnia and Herzegovina and the Prosecutor’s Office of Bosnia and Herzegovina. The analysis shows that the application in practice causes legal uncertainty regarding the uniform standard in the application of the amended provisions. The paper states that the amended provisions of the Criminal Procedure Code meet the obligations set out in Article 8 of the European Convention on Human Rights and Freedoms, but in practice there is no uniform application of the amended regulation that would protect the public and security interests of the State and its citizens.