questions for analysis are provided below. When providing analysis of proceedings, reference
should be made to specific CPC provisions to ground your analysis in the applicable code
provisions. In some cases, serious breaches of CPC provisions or other practices may give rise
to a potential violation of fair-trial standards or human rights. When this occurs, specifically
identify the factual and legal basis for the breach of the international standard.
A. Compliance with CPC deadlines and delays
Explanation: The observance of procedural deadlines and avoidance of delays is essential to
ensure the effective and fair administration of justice – justice delayed is justice denied. Results of trial-monitoring so far suggest that failure to meet specific procedural deadlines and
delays in the completion of proceedings are common. The evaluation of this problem, including
analysis of what actors and/or factors contribute to delays, will permit a better assessment
of the reasons for delay. In identifying problems associated with the timing, keep in mind
that delays may occur even where there is no breach of a specific CPC provision, e.g., when
the court schedules staggered trial hearings every 30 days, or delays occur due to inadequate
witness summons procedures. These delays result in systemic rescheduling of hearings and
delayed proceedings even though no specific CPC deadline has been breached. In other cases,
very significant delays or non-compliance with CPC deadlines may rise to the level of a violation of the defendant’s right to trial within a reasonable time. Monitors should assess each
delay or violation of a deadline in a critical fashion with reference to: the appropriate CPC
provision(s), who or what circumstances are responsible for the delay, the remedies or sanctions available to the court against those who are responsible, and whether such remedies are
exercised and to what effect.
Relevant Criminal Procedure Code Provisions:
13 RS/14 FBiH4 Right to trial without delay.
210 RS/226 FBiH Prosecutor, defence lawyer, or legal representative of an injured party
may be fined for prolonging the criminal proceeding.
236 RS/244 FBiH Provides for a trial to be scheduled no later than 60 days from the entering of the plea of not guilty. An extension of up to 30 days may be
granted in exceptional circumstances.
257 RS/265 FBiH Reasons for adjournment of the main trial.
259 RS/267 FBiH Reasons for recess of main trial.
292 RS/301 FBiH Provides for a maximum delay of three days from the completion of the
trial to the announcement of the verdict.
295 RS/304 FBiH The written verdict must be prepared within 15 days (exceptionally 30
days) from the announcement of that verdict.
321 RS/330 FBiH Appeal against first-instance verdict: If the accused is in custody, the
appeal must be decided within three months of the court’s receipt of
the appeal documents.
Relevant questions: Have deadlines been observed? If not, how significant are the subsequent
delays? What actor (prosecutor/defence/judge/accused) is causing or contributing to the
delay? Is the judge utilizing the court powers to sanction the prosecution/defence/witness for
failure to appear and to order apprehension where appropriate? Are other factors contributing
to delays such as the system for the service of court papers and summons? What is the basis
for adjournment requests? Are staggered trial hearings scheduled and why? Does the delay
merely affect court efficiency or does it rise to the level of violating the defendant’s right to trial
within a reasonable time, for instance when the accused is in custody or the delay prejudices
the accused’s ability to defend himself?
Trial-Monitoring: A Reference Manual for Practitioners
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