Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
Ministry of Interior of Republika Srpska (MoI RS) – agreement between MOI RS and service providers „Telekom Srpske“ A.D. Banja Luka
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
Competent authority
The Court may issue an order on Prosecutor’s proposal or authorized officials who have been approved by the Prosecutor (Article 72a of the CPC BD BIH).
The Court may issue an order to a telecommunication operator or another legal person performing telecommunication services to turn over information concerning the use of telecommunications services by that person.
The Court, and in case of emergency a Prosecutor.
The Court, and in case of emergency a Prosecutor. – Art. (86)a of CPC
Basis in law
If there are grounds for suspicion that a person has committed a criminal offence, on the basis of motion of the Prosecutor or officials authorized by Prosecutor, the Court may issue an order to a telecommunication operator or another legal person performing.
telecommunication services to turn over information concerning the use of telecommunications services by that person, if such information could be used as evidence in the criminal proceedings or be useful in collection of information that could be useful to the criminal proceedings. (Article 72a, paragraph(1) of CPC BD BIH).
Article 86a.
Order to the telecommunication operator
(1) If there are grounds for suspicion that a person has committed a criminal offence, on the basis of motion of the Prosecutor or officials authorized by Prosecutor, the Court may issue an order to a telecommunication operator or another legal person performing telecommunication services to turn over information concerning the use of telecommunications services by that person, if such information could be used as evidence in the criminal proceedings or be useful in collection of information that could be useful to the criminal proceedings.
(2) In the case of emergency, any of the measures under Paragraph (1) of this Article may be ordered by the Prosecutor and received information will be sealed until the issuance of the court order. The Prosecutor shall immediately inform the preliminary proceedings judge who may issue a warrant within 72 hours. In case the preliminary proceedings judge fails to issue the said order, the Prosecutor shall be obliged to return such information without accessing it.
(3) Measures under Paragraph (1) of this Article may also be ordered against person against whom there are grounds for suspicion that he will deliver to the perpetrator or will receive from the perpetrator the information in relation to the offence, or grounds for suspicion that the perpetrator uses a telecommunication device belonging to this person.
(4) Telecommunication operators or other legal person who provides telecommunication services shall be obliged to enable enforcement of the measures by the Prosecutor and police bodies under Paragraph (1).
An order to the telecommunications operator is issued by the court on the Prosecutor's motion or proposal of authorized officials who have been approved by the Prosecutor .
An order to the telecommunications operator is issued by the court on the Prosecutor's motion or proposal of authorized officials who have been approved by the Prosecutor.
If different for subscriber information
Implementation of the special investigative actions upon orders of the Court Art. 130-136 of CPC FBiH.
If different for traffic data
Form
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
Competent authority
CPC does not specifically regulate this area. Police of BD has no practical experience but as in the previous case the competence would lie with the Court.
The Court (Article 86 a ZKP F BIH)
MOI RS – The Court (Article 137. CPC RS).
Basis in law
Article 86a. Order to the telecommunication operator
MOI RS - Article 137. CPC RS – Order to the telecommunication operator - If there are grounds for suspicion that a person has committed a criminal offence, on the basis of motion of the Prosecutor or officials authorized by Prosecutor, the Court may issue an order to a telecommunication operator or another legal person performing telecommunication services to turn over information concerning the use of telecommunications services by that person, if such information could be used as evidence in the criminal proceedings or be useful in collection of information that could be useful to the criminal proceedings.
If different for subscriber information
If different for traffic data
Form
Article 86a. Order to the telecommunication operator
Emergency situations
Definition of emergency situation
In case of an emergency situation the Prosecutor may issue an order for the delivery of data, but the data obtained must be sealed until the issuance of an order by Court.
MOI RS - In the case of emergency, any of the measures under Paragraph (1) of this Article may be ordered by the Prosecutor and received information will be sealed until the issuance of the court order. The Prosecutor shall immediately inform the preliminary proceedings judge who may issue a warrant within 72 hours. In case the preliminary proceedings judge fails to issue the said order, the Prosecutor shall be obliged to return such information without accessing it.
Obligation to cooperate
In the case of emergency, any of the measures under Paragraph (1) of this Article may be ordered by the Prosecutor and received information will be sealed until the issuance of the court order. The Prosecutor shall immediately inform the preliminary proceedings judge who may issue a warrant within 72 hours. In case the preliminary proceedings judge fails to issue the said order, the Prosecutor shall be obliged to return such information without accessing it.
Bosnia and Herzegovina in accordance with Article 35 of the Convention designated a contact point 24/7, which is located in the Ministry of Security of BiH, Directorate for Coordination of Police Bodies of Bosnia and Herzegovina. Federal Police Administration appointed a contact point 24/7, which is responsible for the area of the Federation B & H and corresponds to the urgent requirements communicated by the National Contact Point when it comes to Internet service providers, IP address, or persons from the Federation of BiH.
Pursuant to Article 137, paragraph ( 4) of the CPC RS, telecommunication operators or other legal person who provide telecommunication services shall be obliged to enable enforcement of the measures by the prosecutor and police bodies under Paragraph 1 of this Article.
Pursuant to Article 86, paragraph (4) of the CPC FBIH, telecommunication operators or other legal person who provide telecommunication services shall be obliged to enable enforcement of the measures by the Prosecutor and police bodies under paragraph (1).
Confidentiality obligation
Obligation of secrecy
Is the secrecy of investigation foreseen in your law?
Yes, Article 388 of the CC FBiH Disclosure of an Official Secret.
Secrecy is not explicitly prescribed, but it is implied with provisions that address the right of counsel to inspect files and documents during the investigation, but indirectly there are provisions on the secrecy of special investigative measures.In general, the Law on Protection of Personal Data of BIH is applied.
Secrecy is not explicitly prescribed, but it is implied with provisions that address the right of counsel to inspect files and documents during the investigation, but indirectly there are provisions on the secrecy of special investigative measures.In general, the Law on Protection of Personal Data of BIH is applied.
MOI RS - the secrecy of investigation is not explicitly prescribed in CPC RS, but it is implied with provisions that address the right of counsel to inspect files and documents during the investigation, but indirectly there are provisions on the secrecy of special investigative measures.
Non respect of the obligation of secrecy
What are the sanctions in case of non-compliance with this obligation?
Each person to whom classified information is confided to, or who is in any other way introduced to the contents of classified information is responsible for its safekeeping and protection - Article 3, paragraph (2) of the Law on Protection of Classified Information).
Article157 of the CC Brčko District of BiH prescribes a criminal offense for disclosure of secret of the Brcko District of BiH, if committed by an official, while liability of other persons is envisaged only when they come into possession of classified information illegally.
Prescribed sentence of 6 months to 10 years, depending on the severity of the offense committed.
Criminal offence for disclosure of an official secret stipulated in Article 355, paragrpah (1) of the CC of RS
Prescribed criminal offence for disclosure of an official secret under Article 388, paragraph (1) of the CC of FBIH which is punishable by imprisonment from 6 months to 5 years, and if committed for gain is punishable by imprisonment in The duration of 1-10 years. If the offense is committed by negligence may be imposed a fine or imprisonment up to three years.
Exception
There shall be no criminal offence if somebody makes public or mediates in making public the secret of the Brcko District the contents of which are in contravention with the order of the Brcko District of BiH established by the Constitution of Bosnia and Herzegovina and the Statute of the Brcko District, with an aim of disclosing to the public facts which constitute a violation of the order established by the Constitution and the Statute or of an international agreement, provided that making it public does not undermine the security of the Brcko District ( Article 157, paragraph (5) of the CC of Brčko District of BiH).
Whoever with the intention of making public irregularities in the organisation, performance or management of her/his official duties, discloses or facilitates the disclosure of an official secret of the institutions of the Federation of Bosnia and Herzegovina, the subject of which is contrary to the constitutional provisions of the Federation of Bosnia and Herzegovina, shall commit no offence under paragraph 2 of this article provided that the disclosure has no substantial prejudicial consequences for the Federation Bosnia and Herzegovina. (Article 38., paragraph 5 of the CC FBIH (Disclosure of an Official Secret).
Defence attorneys of the accused persons precisely prescribed by CPC RS , Article 55.
Defence attorneys of the accused persons precisely prescribed by CPC FBIH, Article 61.
Whoever with the intention of making public irregularities in the organisation, performance or management of her/his official duties, discloses or facilitates the disclosure of an official secret of the institutions of the Federation of Bosnia and Herzegovina, the subject of which is contrary to the constitutional provisions of the Federation of Bosnia and Herzegovina, shall commit no offence under paragraph 2 of this article provided that the disclosure has no substantial prejudicial consequences for the Federation Bosnia and Herzegovina.
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
The judicial police acts under the supervision of the Public Prosecutor and under the control of the instruction chamber (Article 13 Criminal Procedure Code).
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.