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Reading: Dodik cannot be tried in Banja Luka, this is what is written in the Criminal Procedure Act
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Sarajevo Times > Blog > POLITICS > Dodik cannot be tried in Banja Luka, this is what is written in the Criminal Procedure Act
POLITICS

Dodik cannot be tried in Banja Luka, this is what is written in the Criminal Procedure Act

Published: September 18, 2023
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The Court of Bosnia and Herzegovina (BiH) is still awaiting objections to the confirmed indictment against Milorad Dodik, the President of the Republika Srpska (RS) and the leader of the SNSD of BiH.

Signed the decree

Dodik was charged by the Prosecutor’s Office of BiH for not implementing the decisions of the High Representative in BiH, Christian Schmidt.

To recall, on July 1st, High Representative Christian Schmidtannulled the anti-Dayton laws adopted by the National Assembly of the RS (NARS) in connection with the non-publication of the decisions of the High Representative and non-application of the decisions of the Constitutional Court of BiH.

However, Dodik signed the decree on the entry into force of the disputed laws, and Milos Lukic published them in the “Official Gazette of the RS”.

Now we are waiting for Dodik’s defense to file objections.

They announced two more requests to the Court, after the disqualification of the judge for the preliminary hearing, Jasmina Cosic-Dedovic, was rejected.

One of the options is for the defense to request the transfer of jurisdiction of the proceedings from the Court of BiH to Banja Luka, which Dodik has already said before.

However, everything is clear in the Law on the criminal procedure of BiH, when it comes to the transfer of competence, Article 27.

1) If there are important reasons, the Court may, by decision, transfer the conduct of proceedings for a criminal offense under its jurisdiction to the court in whose territory the criminal offense was committed or attempted. The conduct of the proceedings can be transferred at the latest until the main hearing is scheduled.

(2) The decision referred to in paragraph 1 of this article can also be made at the proposal of the parties or defense counsel for all criminal offenses under the jurisdiction of the Court, except for criminal offenses against the integrity of BiH.

Everything in the Court of BiH

But there is no such request yet, even if it appears, there are no important reasons to try Dodik in Banja Luka and that option is almost an impossible mission.

The trial will be conducted in the Court of BiH and a plea will be scheduled very soon, Avaz reports.

E.Dz.

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