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Sarajevo Times > Blog > Uncategorized > Domestic Violence as a ‘less serious Crime’ in BiH
Uncategorized

Domestic Violence as a ‘less serious Crime’ in BiH

Published: April 19, 2023
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Every third woman has faced physical or sexual violence at least once in her life, according to United Nations (UN) Women data. One in four girls under the age of 19 has experienced physical or sexual violence in their life from a partner or spouse.

Almost half of the women in Bosnia and Herzegovina (BiH) have experienced some form of violence since the age of fifteen, according to the OSCE’s research on violence against women in BiH.

And how are perpetrators of domestic violence punished in BiH? Prison, fine, rehabilitation? Sometimes, yes. But, most often: suspended sentence.

The most common punishment is a suspended sentence

Data from the High Judicial and Prosecutorial Council (HJPC) of BiH show that during the past year, 2.290 persons filed reports for domestic violence. Of these, 2.009 men were accused or suspected.

Last year, there were a total of 2.219 reports of domestic violence. Of these, 1.496 women were among the victims.

566 indictments were filed. However, when it comes to convictions, most are suspended sentences. As many as 481. The data are similar for previous years: fewer prison terms, fewer fines, and more suspended sentences.

Aida Cosic, a lawyer from the Center of Women’s Rights in Zenica, says that compared to the period ten years ago, there has been a shift when it comes to the treatment of domestic violence in the protection system.

“However, domestic violence is still perceived as a less serious crime, for which the courts generally impose suspended sentences and low sentences, even when it comes to repeat offenders committing the same criminal act committed more than once”, explains Cosic and adds that the imposition of suspended sentences “is not accompanied by the imposition of protective measures that would contribute to a greater degree of protection and safety of the victims.”

What does the law say?

In BiH, domestic violence is regulated through entity criminal laws, laws on protection against domestic violence, as well as laws on the prohibition of discrimination.

Penalties for domestic violence range from one year for endangering the peace, physical integrity, or mental health of a family member, up to three years for using a weapon to cause serious injury, or up to five years for violence against a child or minor, Slobodna Evropa reports.

E.Dz.

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