Checking and establishing the identity of persons and things
(1)A police official is empowered to verify the identity of a person:
1.Who represents a threat to another person or public order and security required by police action;
- Who is subject to inspection, or against whom other measures and activities . prescribed by law are undertaken;
- Who is caught in a building or other premises, or in a vehicle subject to inspection, if the verification of identity is necessary;
- Who is caught in an area or a building in which the freedom of movement is temporarily restricted, if the verification of identity is necessary;
5 Who, by the way in which he/she behaves, raises suspicion that he/she is a perpetrator of an offence, or that he/she intends to perpetrate it, or who, by his/her physical appearance, resembles a person searched for
- Who is found in a place where it is necessary, for security reasons, to establish the identity of all or a particular person..
(2) A police official shall inform the person about the reason for which the verification of his/her identity is necessary..
(1) The verification of a person’s identity shall be performed by the means of inspection of his/her identity card or any other public document, containing his/her photograph and his/her signature..
(2) In exceptional cases from Paragraph 1 of this Article, the verification of identity may be performed based on a statement given by another person whose identity has been verified.
(3) When necessary, the verification of identity may include the verification of temporary or permanent residence.
(1) The power to establish the identity shall be applied towards a person who either does not possess a document referred to in Article 12, Paragraph 1 of this Law, or if there is doubt in regard to the authenticity of that document. The identity shall be established by methods and means of crime-detection technique.
(2) In order for the identity of a person to be established, a police body is authorised to publicly release a composite picture, drawing, recording or description of the person
(3) When there is no possibility for the identity to be established in another way, a police body is authorized to release a photograph either of a person who is not able to give his/her personal data, or of the dead body of an unknown person.
((1)The power to establish and verify the identity of an object shall be applied when it is necessary to establish the characteristics and distinctive features of the object as well as the correlation between a person or an event and the object.
(2)A police body is authorised to publicly release a picture, drawing, recording or a description of an object if it is of significance for a successful conducting of the procedure of establishing the identity of the object.
(1) Whenever there is a lawful reason, a police official may request a person, to appear at the official premises of the police body for an enquiry.
(2) The enquiries may be conducted from 6 A.M to 9 P.M. and may not last longer than six hours.
(3) The convocation for enquiries must contain the first and last name of the person requested to appear, the title of the Department of the police body requesting the enquiry as well as the venue, date, time and the reason for enquiring, and a warning that the enquired person will be forcibly brought in, if he/she does not respond appropriately to the request.
(4) In exceptional cases, a police official is empowered to enquire a person verbally or by using appropriate telecommunications means, and is obliged to inform him/her on that occasion of the reason for the enquiring as well as warn him/her of the possibility to use force to ensure his/her appearance. With the person’s consent, the police official may drive the person to the official premises..
(5) A delivery note shall be written on the delivery carried out.
(1) Without a written order from the competent authority, a police official may bring in a person in official premises of the police body:
- Whose identity has to be established, if there is no other way;
- For whom search has been officially initiated;;
- When the person does not adhere to convocation for inquiry referred to in Article 15 of this Law.
(2) The act of referred to in Paragraph 1 of this Article may last as long as it is necessary to carry out a police task but it shall not exceed six hours.
Search for persons and objects
(1) Police officials are empowered to conduct the measures of search for persons and objects
(2) A search is initiated for a person who is missing or declared wanted in accordance with a law.
(3) A police body officially makes an announcement::
- To establish the permanent or temporary residence of a person, in accordance with law;
- To establish the identity of a person, who is not capable of giving his/her personal data, or of a dead body of a person, whose personal data cannot be established;
- To locate a certain object.
Temporary restriction of the freedom of movement
(1)A police official may temporarily restrict the movement of a person in a particular area or building when really necessary, in order to prevent the perpetration of criminal offence, minor offence or other forbidden behaviour, or to prevent risk or violation of a public order and security.
(2)The temporary restriction of the freedom of movement may not continue after the aim due to which it was applied has been achieved, but in any case may not last longer than six hours without official permission..
The measures of search referred to in Article 17 of this Law, and the temporary restriction of the freedom of movement referred to in Article 18 of this Law, shall be conducted through criminal-tactical actions, such as search, inspection of particular buildings and premises, ambush, raid, partial and complete blockade of traffic and other areas.
Giving warnings and orders
A police official shall warn a person who, by his/her behaviour, activity or failing to perform an activity, might endanger his/her own safety or the safety of other persons or property, breach law and order or in case there is reasonable doubt that the person might perpetrate, or provoke another person to perpetrate, a criminal offence.
(Orders are given):
1.To eliminate danger to life and personal safety of citizens;
2.To eliminate danger to property;
3.To prevent the perpetration of criminal offence, to capture their perpetrators, and to find and secure traces of criminal offences, which may serve as evidence;
4.To maintain law and order or to re-establish law and order;
5.To deny access or stay in an area or building, in which it is not permitted.
2) Orders are given by the Head or by a police official authorized by the Head. A police official can give orders on his/her own only in urgent cases. (3)Warnings and orders shall be given verbally, in writing or in some other appropriate way (by optical and sound signals, by hand, etc.
Temporary seizure of items
(1)A police official shall temporarily seize an object:
1.When it is necessary for the protection of public safety;
2.Which is in the possession of a person, who has been deprived of freedom, and who might use it for self-injuring, assault or escape.
(2)A police official is obliged to issue a receipt on the temporary seizure of an object. The receipt must contain the characteristics of the seized object that make it different from other objects, the data on the person from whom the object had been seized and the name, police badge and signature of the police official who conducted the seizure.
(1) When, due to the features of the objects, the custody of temporarily seized objects in police body premises is either not possible, or poses significant difficulties, the temporarily seized objects may be deposited or secured in an appropriate way until a decision is rendered by the competent authority..
(2) When the reasons for the seizure of an object cease to exist, the temporarily seized object shall be returned to the person from whom it was seized, unless otherwise determined by law or a decision of the competent authority.
Use of another’s vehicle or means of communication;
(1)While pursuing or arresting the perpetrator of a criminal offence a police official may use another’s appropriate vehicles and means of communication, of which he/she issues a receipt. The police official may only use the vehicle or means of communication for the period necessary to complete pursuit or arrest.
(2)The owner or user of the vehicle or means of communication referred to in Paragraph 1 of this Article has a right to compensation for actual damage caused by the use of his/her property.
(3)Damage referred to in Paragraph 2 of this Article shall be compensated by a police body in accordance with law and rulebook.
(4)While performing the official duties, a police official has a right to free public transportation and insurance of passengers in public transport
Inspection of persons, objects and means of transportation
1)A police official is empowered to inspect a person, an object carried on the person and a means of transportation, when it is necessary in order to find devices that are not allowed in an area or a building, or might be used for an assault or for self-injuring.
(2)The inspection of a person for the purposes of Paragraph 1 of this Article consists of the examination of the contents of his/her clothes and footwear.
(3)The inspection of a means of transportation for the purposes of Paragraph 1 of this Article consists of the examination of all open or closed spaces of the means of transportation or of the objects transported on them. (4)The inspection of objects carried on a person consists of the examination of the object the person has on him/her, or which is in his/her immediate vicinity, or the objects of the person, upon whose order and accompanied by whom, it is being transported.
(5)The inspection of a person shall be performed by a person of the same sex, except in the cases when an urgent examination of a person is necessary in order to dispossess him/her of a weapon or other objects adequate for an assault or self-injuring.
(6)While conducting the inspection, a police official may use technical devices and service dogs
Recording in public places
(1) In order to prevent criminal offences or to preserve public order and security, the police body may make audio and video recording of the person or group of people, the environment and any other circumstance or object.
(2) Devices for audio and video recording in public places shall be placed in a manner which makes them easily noticed by public.
Use of force
(1)The police official may use force only when strictly necessary and only to the extent required in order to achieve a legitimate objective.
(2) Except otherwise provided by this Law, means of Force, such as bodily force including martial arts, baton, tying devices, device for coercive stopping of vehicles, chemical agents, firearms, water cannon, special vehicles, special types of weapons and explosive devices may be used when necessary to protect human lives, to repel an attack, to surmount resistance, to prevent escape.
(3)Before using any means of force, the police official shall make a warning, unless it may endanger the safety of the police officials or another person or would be clearly inappropriate or pointless in the circumstances of the incident.
(4)Detailed regulations on the use of force shall be issued by the Minister on the proposal of the Head..
(1)The bodily force and baton shall not be used against children, elderly persons, incapacitated persons including persons who are apparently seriously ill and women whose pregnancy is obvious, unless these persons directly endanger the life of a police official or other persons.
(2)Firearms and special weapons may not be used only for the purpose of preventing a person from escape, except if that is the only way to divert the direct attack or danger or in the case of the escape of an apprehended person or a convicted person escaping from an institution for the execution of sanctions.
(3)Explosive devices may not be used for the purpose of preventing a person to escape.
(1) Subject to Article 8 of this Law, a police official may use firearms if other force already used was inefficient or if use of other force does not guarantee success.
(2) A police official may use firearms when there is no other way to:
1.Protect himself/herself or others against an imminent threat of death or serious injury;
2.Prevent the perpetration of a criminal offence involving grave threat to life or integrity, arrest a person presenting such a danger and resisting police authority.
(3)A police official shall allow for sufficient time for the warning to be obeyed, except if this would create a risk to him/her or create a threat of serious injury or death to others, and circumstances dictate the need for immediate action.
(4)In any case, the warning referred to in Paragraph 3 of this Article shall not be given if this would jeopardise the performing of a police task.
(5)A police official shall not fire warning shots.
(1)The use of firearms is not allowed when it would jeopardise other persons’ lives, unless the use of firearms is the only means of defence from a direct assault or danger.
(2)The use of firearms is not allowed against a juvenile, unless the use of firearms is the only way of defence from an assault or danger.
(1) A police official may not use firearms towards a moving vehicle unless the vehicle in question is used as a means to inflict injuries on police officials or others, or if it is necessary to prevent serious injuries or death caused by shooting with weapons at police officials or others.
(2) In performing police tasks at sea and on inland navigation routes, a police official has the right to use firearms if a chased vessel does not stop after having been given a visible or an audible signal to stop from a distance that, undoubtedly, makes the receipt and understanding of the signal possible.
(1) A police official who has used force in the course of duty must complete and sign a use of force reports before the end of the shift during which the use of force was made, and send a copy of the report to the Internal Control Department within 24 hours from the end of the said shift.
(2) If the police official himself/herself is unable to submit a use of force report, the official’s immediate supervisor shall submit it within the time limits referred to in Paragraph 1 of this Article.
(3)The immediate supervisor shall submit to the Head and to the Internal Control Department an opinion about justifiability of the use of force within three days from the receipt of the report referred to in Paragraph 1 of this Article.
(4)The legality and regularity of the use of force by a police official shall be determined by the Internal Control Department within eight days from the receipt of the report.
(5) Should the Internal Control Department determine that a police official has used force illegally or irregularly, the Head has a duty to immediately undertake appropriate measures to determine the responsibility of the police official.
(6) If a police official uses force within the limits of his/her powers, he/she is excluded from the responsibility.
Processing of personal data and keeping records
(1) A police officer, in accordance with the competencies and authorities determined by this Law, as well as in accordance with special regulations, shall process information, including personal data.
(2) When processing personal data, the police officer shall act in accordance with the provisions of the Law on Personal Data Protection (“Official Gazette of BiH”, No. 49/06), unless otherwise prescribed by this Law.
(1) The processing of personal data for police purposes means the processing of personal data by the police authority in order to prevent and combat crime and maintain public order.
(2) When processing personal data for police purposes, the police authority shall:
- a) is obliged to keep records of all collections of personal data and report them to the Agency for Personal Data Protection in accordance with Art. 13, 14, and 15 of the Law on Personal Data Protection;
- b) is obliged to keep this data separately from other information;
- c) is authorized, if necessary for police purposes, to combine personal data processed for other purposes;
- d) is obliged to restrict the collection of personal data relating to the racial origin of the data subject, his religious beliefs, sexual orientation, political opinion or affiliation with certain movements or organizations that are not prohibited by law. The collection of this personal data may be carried out only if it is necessary for the purposes of a particular investigation;
- e) it is obliged to mark personal data from the point of view of the degree of their accuracy and reliability, and above all to distinguish personal data based on facts from data based on personal opinions and assessments;
- f) is obliged to constantly and at least once in three years check whether personal data are necessary for certain purposes and delete unnecessary data;
- g) the verification referred to in item f) of paragraph (2) of this Article shall not be carried out in the case of personal data processing for the purpose of basic identification of the perpetrator ( fingerprints records, DNA, etc.) when the deletion of data is carried out after five years;
- h) verification and deletion is not carried out in the event that personal data is placed in the documentation that is not automatically kept and when the rules of the archive service are followed.;
- i) cannot process personal data through the processor.
(3) For the purposes of fulfilling the obligation referred to in paragraph (2) of this Article, the bodies participating in the criminal proceedings shall be obliged to provide timely information on final decisions and the statute of limitations for the criminal offense. (1) Lični podaci obrađeni u skladu sa odredbom člana 33a. ovog Zakona koriste se ako je to:
- a) necessary to fulfill the tasks of the police authority;
- b) necessary for the fulfillment of obligations from the international agreement concluded by BiH, and for the fulfillment of obligations within the international organization Interpol;
- c) determined by law;
- d) in the interest of the data subject if he has given his consent and if that consent can be foreseen;
- e) necessary to avoid serious and imminent danger.
(2) Personal data are submitted on the basis of a request in which it is necessary to state the data on the applicant, the reason and purpose for which the personal data should be submitted..
(3) The data may be submitted without request if the delivery arises from the law, international agreement, or it is a delivery for the needs of the international organization Interpol, as well as in the case referred to in paragraph (1) item e) of this Article.
(4) If possible, the police authority will, upon each submission of personal data, also provide information on the final decisions of the authority, in connection with the criminal proceedings.
(5) False and inaccurate personal data may not be submitted, unverified personal data must be marked upon submission and a measure of their reliability must be stated.
(6) The data user is not authorized to process personal data for any purpose other than the purpose for which the data was provided.
(7) Exceptionally from paragraph (6) of this Article, the data user may process personal data for other purposes if one of the conditions referred to in paragraph (1) of this Article is met..
(1) The police authority will not provide information to the data subject, in accordance with the provisions of Title III of the Law on Personal Data Protection, if there could be:
- a) jeopardizing the fulfillment of the tasks of the police authority in the context of criminal proceedings or
- b) compromising the authorized third party interest.
(2) In case of non-fulfillment of the conditions referred to in paragraph (1) of this Article or in case of deletion of personal data, the police authority shall issue a decision which shall be explained in writing..
(3) If the police authority does not process the personal data relating to the applicant or if the explanation of the decision to reject the application could jeopardize the fulfillment of the tasks of the police authority, the applicant will be informed that the police authority does not process the applicant’s personal data.
(4) If the police authority received personal data without the knowledge of the data subject, which it will further process, it is necessary to inform the data subject even if that cannot jeopardize the fulfillment of the police task or the interests of third parties.
(1) Personal data shall also include data relating to deceased persons.
(2) The rights of the data of deceased persons shall be executed by means of the legal heirs.
(1) A police authority is authorized to publish the personal data to the extent necessary, if this is necessary for the purpose of ensuring the identity of the person and the search for wanted persons and objects.
(2) Processing of personal data, according to the provisions of this Law, is not subject to the obligations prescribed by the Law on Freedom of Access to Information (“Official Gazette of BiH”, No. 28/00 and 45/06).
(1) A police body keeps records on the following:
- Persons, who are deprived of liberty on any grounds (arrest, detention, etc.);
- Persons, for whom reasonable doubt exists that they had perpetrated criminal offences;
- Perpetrated criminal offences as well as persons damaged by criminal offences;
- Criminal offences perpetrated by unknown perpetrators;
- Criminal and minor offences charges filed;
- Persons and objects searched for;
- Verification of identity;
- Persons, who were subject to the establishing of identity;
9.Operational reports, operational sources of information and protected persons;
- Force used;
- Citizen complaints.
(2)Besides the records referred to in Paragraph 1 of this Article, a police body may, for the purpose of effectiveness, keep other records that do not include personal data pursuant to Article 33 of this Law.