Type: Judgment

Authority: National Courts Ustavni sud (Bosnia e Erzegovina)

Date: 03/25/2021

Subject: The decision of the Ustavni sud (Constitutional Court), found the partial constitutional illegitimacy and the contrast with article 8 of the ECHR of article 109 paragraph 1, second paragraph, and paragraph 2 of the Criminal Procedure Code, where it provides for the possibility to carry out an exam on other persons – other from the suspected and accused person – even without their consent, in order to find traces or consequences of the crime or to get a blood sample or carry out other medical procedures to analyse and establish relevant facts in the criminal proceeding

Parties: Borjana Krišto, Second Deputy Chair of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina at the time of filing the request

Original language: Bosniaco

Classification: Dignity - Art. 3 Physical and mental integrity - Freedoms - Art. 7 Privacy

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