Reactions to the decisions made by the High Representative in BiH, Christian Schmidt, regarding changes to the Criminal Code, are not calming down. The provisions have officially entered into force, but there is still a lot of uncertainty about how they will be applied and whether the punishments for perpetrators, that is, destroyers of the constitutional order in Bosnia and Herzegovina, could have been more specifically defined.
All eyes are on the Prosecutor’s Office of Bosnia and Herzegovina and the relevant institutions. Today, the reaction from the Prosecutor’s Office of BiH that the adopted changes will make it easier for prosecutors to make decisions.
The changes specifically refer to the Criminal Code of Bosnia and Herzegovina, more precisely Article 156, where the words “Whoever uses physical force or the threat of using physical force” are replaced by the words: “Whoever uses force or the threat of using force, or in some other illegal way. ”
The essence of this change is that now not only force is sufficient for the reaction of the BiH Prosecutor’s Office, but also another illegal way. Experts explain that it is a good thing that the high representative reacted in this way, but the objection is that he could have specified more specifically the actions by which the constitutional order is implemented.
“A general term is used here, so we need to find a specific content. This enables an arbitrary approach”, believes lawyer Asim Crnalić.
The BiH Prosecutor’s Office can act immediately
Although it could have been more specific, prosecutors are still left with the possibility to immediately sanction those who attack the constitutional order of Bosnia and Herzegovina. Without application, which means that I can already open a case for the National Assembly of Republika Srpska, which has already adopted the disputed Law.
“There doesn’t have to be a report, they can act immediately. The Prosecutor’s Office defends itself with the fact that there is no report, but the Prosecutor’s Office of Bosnia and Herzegovina is obliged and authorized to organize prosecution even when there is no report. They can act immediately. Now they can investigate on their own and then order the police agencies to help them with their expertise,” added Crnalić.
Penalties up to 5 years in prison
According to the amendments to the Criminal Code of Bosnia and Herzegovina, a person who commits a criminal offense will be punished with imprisonment from six months to five years. For this criminal offense, a security measure of prohibition of performance of duties and termination of employment, deprivation of decorations, prohibition of performance of official duties in legislative, executive, judicial, administrative or any body will be imposed.
To the question of how the Prosecutor’s Office of Bosnia and Herzegovina will react to the attack on the constitutional and legal order in Bosnia and Herzegovina and the non-implementation of the decisions of the High Representative in Bosnia and Herzegovina, the Prosecutor’s Office of Bosnia and Herzegovina responded:
“Amendments to the law adopted by the High Representative specified certain actions and actions, which are considered criminal offenses, in Article 156 (Attack on the Constitutional Order), Article 203a (Non-execution of decisions of the High Representative) and Article 239 (Non-execution of the decision of the Constitutional Court of Bosnia and Herzegovina, the Court of Bosnia and Herzegovina, the House for Human Rights or the European Court of Human Rights), and will make it easier for prosecutors to make prosecutorial decisions.”
Several organizations called for an immediate response. They are asking the OHR to make decisions prohibiting the political activities of the President of Republika Srpska, Milorad Dodik. They call on the Prosecutor’s Office and the Court of Bosnia and Herzegovina to promptly react to all those who act contrary.
“The Prosecutor’s Office and the Court of Bosnia and Herzegovina must work according to the law, as the law tells them. We still believe in the rule of law, and that both prosecutors and judges will act as stipulated in the law. Now how will it be resolved… I understand the fear that these laws will be difficult to implement, but we have to leave that to the Prosecutor’s Office”, stressed Vladimir Andrle, president of La Benevolencija.
It is clear that everything is now in the hands of the BiH Prosecutor’s Office, which can immediately react and sanction those who participated in the overthrow of the constitutional order. The High Representative did not leave room, as was the case with earlier amendments, for the absence of sanctions. There are no more excuses.
