“Failure to Implement Decisions of the High Representative
Article 203a
(1) An official person in an institution of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, the Brčko District of Bosnia and Herzegovina, or in a canton, a city or a municipality or a local community or any form of local government and self-government, or a responsible person, who does not apply, implement, enforce or otherwise comply with a decision of the High Representative in Bosnia and Herzegovina, or who prevents or otherwise obstructs its application, implementation or enforcement,
shall be punished by imprisonment for a term between six months and five years.
(2) A person from paragraph (1), who was ordered, directly or indirectly, to behave in a way referred to in paragraph (1) of this Article, and felt compelled to follow such an order not to lose the livelihood or not to be exposed to maltreatment at work, but informed the superior that by such actions a criminal offence might be committed, may be punished less severely.
(3) A person from paragraph (1), who was ordered, directly or indirectly, to behave in a way referred to in paragraph (1) of this Article, but informed the competent prosecutor of such a situation, shall be released from punishment.
(4) For the criminal offence from paragraph (1) of this Article, the security measure of ban on carrying out a duty shall be imposed.
(5) In accordance with Articles 113 and 114 of this Code, a sentence for a criminal offence from paragraph (1) of this Article shall entail as legal consequences incident to conviction:
a) cessation of an official duty and termination of employment;
b) deprivation of decorations;
c) ban on performance of an official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part;
d) ban on acquisition of an official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part.”
Article 3
(Amendment to Article 239)
Article 239 of the Criminal Code shall be amended to read:
“(1) An official person in an institution of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, Republika Srpska, the Brčko District of Bosnia and Herzegovina, or in a canton, a city or a municipality or a local community or any form of local government and self-government, or a responsible person, who does not apply, implement, enforce or otherwise comply with the final and binding decision of the Constitutional Court of Bosnia and Herzegovina including a decision on interim measure, the final and binding decision or a provisional measure of the Court of Bosnia and Herzegovina, Human Rights Chamber of Bosnia and Herzegovina or European Court of Human Rights, or who prevents or otherwise obstructs application, implementation or enforcement of such a decision,
shall be punished by imprisonment for a term between six months and five years.
(2) A person from paragraph (1), who was ordered, directly or indirectly, to behave in a way referred to in paragraph (1) of this Article, and felt compelled to follow such an order not to lose the livelihood or not to be exposed to maltreatment at work, but informed the superior that by such actions a criminal offence might be committed, may be punished less severely.
(3) A person from paragraph (1), who was ordered, directly or indirectly, to behave in a way referred to in paragraph (1) of this Article, but informed the competent prosecutor of such a situation, shall be released from punishment.
(4) For the criminal offence from paragraph (1) of this Article, the security measure of ban on carrying out a duty shall be imposed.
(5) In accordance with Articles 113 and 114 of this Code, a sentence for a criminal offence from paragraph (1) of this Article shall entail as legal consequences incident to conviction:
a) cessation of an official duty and termination of employment;
b) deprivation of decorations;
c) ban on performance of an official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part;
d) ban on acquisition of an official duty in the legislative, executive, judicial, administrative or any body financed by public funds in whole or in part.
Article 4
(Entry into Force)
This Law shall enter into force on 2 July 2023, being published on the official website of the Office of the High Representative and shall be published without delay in the “Official Gazette of Bosnia and Herzegovina”.
