UPOTREBA I ZNAČAJ DOKAZA PRED MEĐUNARODNIM KRIVIČNIM SUDOM ZA BIVŠU JUGOSLAVIJU I PRED SUDOM BOSNE I HERCEGOVINE
THE USE AND IMPORTANCE OF EVIDENCE AT THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA AND AT THE COURT OF BOSNIA AND HERZEGOVINA

Summary/Abstract: The evidence presented to the ICTY and their acceptance by the Prosecutor's and the Court of BiH is regulated by the Law on the Transfer of Cases by the ICTY to the Prosecutor's of BiH and the use of evidence obtained from the ICTY in proceedings at the courts in BiH. Accordingly, Article 3 of the Law on Assignment states that the evidence obtained in accordance with the Statute and the Rules of Procedure and Evidence of the ICTY can also be used at the courts in BiH. According to the aforementioned legal provisions, it follows that the Transfer Law represents lex specialis in order to eliminate the risk that evidence collected by the ICTY will be unusable under the BiH ZKP. From all of the foregoing, it can be concluded that the acceptance of these established facts did not lead to a violation of the provisions of the BiH Criminal Procedure Code in most cases at the Court of BiH, nor to the violation of the rights of the accused to a fair trial.

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