Criminal Code (2003) (excerpt)
Bosnia and Herzegovina
Entered into force1stMarch 2003
(Excerpts)
VII Ch a p t e r S e v e nPUNISHMENTThe Purpose of PunishmentArticle 39
The purpose of punishment is:
a)To express the community’s condemnation of a perpetrated criminal offence;
b)To deter the perpetrator from perpetrating criminal offences in the future;
c)To deter others from perpetrating criminal offences; and
d)To increase the consciousness of citizens of the danger of criminal offences and of the fairness of punishing perpetrators.
Types of PunishmentArticle 40
The following punishments may be imposed on perpetrators of criminal offences who are criminally responsible:
a)Imprisonment;
Principal and Accessory PunishmentArticle 41
(1)Imprisonment may be imposed only as principal punishment.
(2)A fine may be imposed both as a principal and as an accessory punishment.
(3)If both punishments are prescribed for a criminal offence, only one of them may be imposed as a principal punishment.
(4)For criminal offences motivated by greed, a fine may be imposed as an accessory punishment even when that is not specifically prescribed by the law or in cases where the law prescribes that the perpetrator shall be punished by imprisonment or a fine, and the court decides to impose the punishment of imprisonment as the principal punishment.
ImprisonmentArticle 42
(1)Imprisonment may not be shorter than thirty days or longer than twenty years.
(2)For the gravest forms of serious criminal offences perpetrated with intent, imprisonment for a term of twenty to forty-five years may be exceptionally prescribed (long-term imprisonment).
(3)Long-term imprisonment may never be prescribed as the sole principal punishment for a particular criminal offence.
(4)Long-term imprisonment cannot be imposed on a perpetrator who has not reached twenty-one years of age at the time of perpetrating the criminal offence.
(5)Juvenile imprisonment may be imposed under the conditions prescribed by Chapter X (Rules Relating to Educational Recommendations, Educational Measures and Punishing Juveniles) of this Code. Juvenile imprisonment is in its purpose, nature, duration and manner of execution a special punishment of deprivation of liberty.
(6)Imprisonment shall be imposed in full years and months; however, the punishment of imprisonment for a term not exceeding six months may also be measured in full days. Long-term imprisonment shall be imposed only in full years.
(7)If long-term imprisonment has been imposed, amnesty or pardon may be granted only after three-fifths of the punishment has been served.
Release on Parole(1)A convicted person who has served one half of his sentence, and as an exception, a convicted person who has served one third of his sentence, may be released from serving the punishment of imprisonment under condition that he does not perpetrate another criminal offence before expiration of the time of the sentence (parole, conditional release).
(2)A convicted person who has served one-half of hissentence, may be released from serving the punishment of imprisonment if in the course of serving his sentence he has improved to the point where he can reasonably be expected to behave himself well after his release from serving the punishment of imprisonment, and particularly not perpetrate criminal offences. In determining whether to release a convicted person on parole, account shall be taken of his conduct during the term of the sentence, as well as other circumstances indicating that the purpose of the punishment has been attained.
(3)A convicted person who has served one third of his sentence may be released on parole, provided that the conditions referred to in paragraph 1 of this Article exist, and provided that special circumstances relating to the personality of the convicted person manifestly indicate that the purpose of the punishment has been attained.
(4)The person punished by long-term imprisonment may be granted conditional release after three-fifths of thepunishment havebeen served.
Revocation of ParoleArticle 45
(1)The court shall order revocation of parole if the convicted person, while on parole, perpetrates one or more criminal offences for which a punishment of imprisonment for a term of one year or a more severe punishment has been imposed.
(2)The court may order revocation of parole if the parolee perpetrates one or more criminal offences for which a punishment of imprisonment for a term up to one year has been imposed. In deciding whether to revoke the parole or not, the court shall take into special consideration the similarity in the nature of the acts perpetrated, their significance, the motives from which they were perpetrated, as well as other circumstances indicating the appropriateness of revoking parole.
(3)When the court orders revocation of parole, it shall impose punishment considering the previously imposed sentence as an already fixed punishment. The part of the punishment that the convicted person served under the earlier sentence shall be credited toward service of the subsequent sentence, whereas the period of time spent on parole shall not be credited.
(4)The provisions of paragraphs 1 through 3 of this Article shall also be applied when the parolee is tried for a criminal offence perpetrated prior to his release on parole.
(5)If the parolee is convicted to imprisonment for a term up to one year, and if the court does not order revocation of parole, the term of the release on parole shall be extended for a period of time the convicted person spent serving the punishment of imprisonment.
Meting out Punishment of a Convicted PersonArticle 55
(1)If a convicted person is tried for a criminal offence he had perpetrated before commencing to serve the previous sentence, or for a criminal offence he perpetrated while serving a sentence of imprisonment, long-term imprisonment or juvenile imprisonment, the court shall impose a compound punishment for all the criminal offences applying provisions set forth under Article 53 (Concurrence of Criminal Offences) of this Code, taking the punishment from the earlier sentence as an already fixed punishment. The sentence or part of the sentence, which the convicted person had already served, shall be credited towards the imposed sentence of imprisonment or long-term imprisonment.
(2)For criminal offences perpetrated during the course of serving the punishment of imprisonment, long-term imprisonment, or juvenile imprisonment, the court shall determine the perpetrator's punishment independently of the punishment for the earlier sentence in cases when the application of the provisions set forth under Article 53 of this Code would lead to failure to achieve the purpose of punishment considering the duration of non-served portion of the previous sentence.
(3)If a convicted person, while serving the punishment of imprisonment, long-term imprisonment or juvenile imprisonment, perpetrates a criminal offence punished by law with a fine or punishment of not exceeding one year of imprisonment, he shall be punished with a disciplinary measure.
IX Ch a p t e r Nin e SECURITY MEASURESTypes of Security MeasuresArticle 69
The following security measures may be imposed on perpetrators of criminal offences:
c) Prohibition to carry out a certain occupation, activity or duty,
Ban on Carrying out a Certain Occupation, Activity or DutyArticle 73
(1)The security measure of ban on carrying out a certain occupation, activity or duty may be imposed to a perpetrator who perpetrates a criminal offence with regard to property entrusted or accessible to him by virtue of his occupation, activity or duty, if there is a danger that such role could induce the perpetrator to perpetrate another criminal offence through the abuse of the occupation, activity or duty with regard to the property entrusted or accessible to him.
(2)The security measure of ban on carrying out a certain occupation, activity or duty may be imposed for a term which exceeds one but does not exceed ten years, counting from the date the decision becomes final, with the provision that the time spent serving the punishment of imprisonment shall not be credited towards the term of this security measure.
(3)As in the case referred to in Article 43 (Community Service) paragraph 5 of this Code, the execution of imprisonment may be ordered against the perpetrator of a criminal offence who, while performing community service as a substitute to imprisonment, fails to act in accordance with the ban on carrying out a certain occupation, activity or duty.
(4)The perpetrator of a criminal offence who does not act in accordance with the ban on carrying out a certain occupation, activity or duty during a probation period set in a suspended sentence, may be treated pursuant to the provision of Article 63 (Revocation of Suspended Sentence Caused by Failure to Fulfil Particular Obligations) of this Code.
X C h a p t e r T e nRULES RELATING TO EDUCATIONAL RECOMMENDATIONS, EDUCATIONAL MEASURES AND PUNISHING JUVENILESJuvenile ImprisonmentArticle 96
(1)The duration of the sentence of juvenile imprisonment may not be shorter than one or longer than ten years, and shall be measured in full years or half-years.
(2)In meting out punishment for a senior juvenile for a criminal offence, the court may not impose juvenile imprisonment for a term exceeding that of imprisonment prescribed for that particular criminal offence, but the court shall not be bound by the minimal punishment prescribed for the particular criminal offence.
Meting Out Juvenile ImprisonmentArticle 97
In meting out juvenile imprisonment for a senior juvenile, the court shall take into consideration all circumstances that may influence the sentence being longer or shorter (Article 48,General Principles of Meting out Punishments), paying special attention to level of mental development of the juvenile and time needed for his correction and occupational training.
XI Ch a p t e r E l e v e n GENERAL PROVISIONS ON EXECUTION OF CRIMINAL SANCTIONSExecution of Sentence of Imprisonment or Long-term imprisonment(1)The sentence of imprisonment or juvenile imprisonment shall be carried out in closed, semi-open or open institutions for the execution of punishments.
(2)The sentence of long-term imprisonment shall be carried out in the closed-type institution for execution of punishments.
Limits as to the Execution of PunishmentsA person upon whom a punishment is to be executed shall be deprived of his rights or have his rights restricted pursuant to the law only insofar as it may be necessary to achieve the purpose of the particular sentence.
Labour by Convicted Persons(1)A person sentenced to imprisonment, long-term imprisonment or juvenile imprisonment, if able to work, may work if he consents to it.
(2)If a convicted person requests or consents to work, carrying out of such work shall be enabled.
(3)The work of convicted persons should be useful and should correspond as much as possible to the contemporary way of performing the same kind of work at liberty, and to the professional and other abilities of the convicted persons.
Execution of Sentence of Juvenile Imprisonment(1)The sentence of juvenile imprisonment is served by senior juveniles in special institutions for juvenile offenders, where they are allowed to stay until they reach eighteen years of age. Those who have reached eighteen but who have not reached twenty-three years of age (younger juveniles) shall serve the sentence of juvenile imprisonment in special institutions for younger juveniles or in a special department of the institution where adults are serving sentence, where measures are to be taken in order to ensure that contact of juveniles and older convicted persons is prevented. If a person has not completed serving the punishment until the time he reached twenty-three years of age, he shall be sent to prison for adults.
(2)A younger juvenile may stay in the institution for juvenile offenders as long as it is necessary in order to complete his schooling or training. A younger juvenile may not stay, under any circumstances, in the institution for juvenile offenders if this would be detrimental, in any way, for juveniles serving the sentence there.
(3)The choice of occupation for convicted juveniles shall be made in accordance with their abilities and inclinations towards some occupation, aiming to occupational training and in accordance with the possibilities available at the institution for juvenile offenders. Younger juveniles shall also have the possibility for education and training regardless of whether they are serving the sentence in special institutions or in special departments of prisons for adults.
(4)Working hours of the convicted juveniles are set so to enable schooling and training, and to leave enough time for physical exercise and entertainment.
(5)The convict can be released on parole if he has served one third of his sentence, but not before one year of the time to be spent in the institution for juvenile offenders has elapsed. During the parole, the court may order the measure of intensified supervision by a competent social care body. Revocation of parole shall be done in accordance with the provisions of Article 45 (Revocation of Parole) of this Code.
(6)The convicted juveniles, except in special circumstances, shall be entitled to maintain contacts with their family through letters and visits.
XIII Ch a p t e r T hir t een REHABILITATION, AMNESTY, PARDON AND DELETION OF CONVICTIONRehabilitation(1)Following release from the institution where they had served sentences of imprisonment, long-term imprisonment or juvenile imprisonment or after being pardoned or amnestied, or after the punishment was barred by the statute of limitation, convicted persons shall freely enjoy all rights provided by the constitution, law and other regulations, and may acquire all rights other than those whose exercise is limited as a result of a security measure imposed on them or a legal consequence of the conviction.
(2)The provision of paragraph 1 of this Article also applies to persons on parole, unless their rights are limited by special provisions on release on parole.
SPECIAL PARTXV Ch a p t e r Fif t eenCRIMINAL OFFENCES AGAINST FREEDOM AND RIGHTS OF INDIVIDUALS AND CITIZENSUnlawful Deprivation of FreedomArticle 147
(1)An official or responsible person in the institutions ofBosnia and Herzegovinawho unlawfully imprisons another person, keeps him imprisoned or otherwise restricts his freedom of movement,
shallbe punished by a fine or imprisonment for a term not exceeding three years.
(2)If the unlawful deprivation of freedom lasted for more than thirty days, or if the manner of the execution was cruel, or if such a treatment of the person who was illegally deprived of freedom caused grave impairment of his health, or if some other serious consequences occurred, the perpetrator
shallbe punished by imprisonment for a term between two and eight years.
(3)If the person who has been illegally deprived of freedom lost his life as a result of the deprivation, the perpetrator
shallbe punished by imprisonment for a term not less than five years.
Violation of the Right to Submit Complaints and PetitionsArticle 148
An official or responsible person in institutions ofBosnia and Herzegovinawho abuses his position or authority and prevents another person from exercising his right to submit an appeal, objection, request, petition or complaint,
shallbe punished by a fine or imprisonment for a term not exceeding one year.
Unauthorized Use of Personal DataArticle 149
An official or responsible person in institutions of Bosnia and Herzegovina who, without the consent of an individual and contrary to the conditions stipulated by the law, collects, processes or uses his personal data, or uses such data contrary to the statutory purpose of their collection,
shallbe punished by a fine or by imprisonment not exceeding six months.
XVII Ch a p t e r S e v e n t eenCRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAWTorture and Other Cruel, Inhuman or Degrading TreatmentArticle 190
An official or another person who, acting upon the instigation or with the explicit or implicit consent of a public official person, inflicts on a person physical or mental pain or severe physical or mental suffering for such purposes as to obtain from him or a third person information or a confession, or to punish him for a criminal offence he or a third person has perpetrated or is suspected of having perpetrated or who intimidates or coerces him for any other reason based on discrimination of any kind,
shallbe punished by imprisonment for a term between one and ten years.
XIX Ch a p t e r N I N E T EENCRIMINAL OFFENCES OF CORRUPTION AND CRIMINAL OFFENCES AGAINST OFFICIAL DUTY OR OTHER RESPONSIBLE DUTYAccepting Gifts and Other Forms of Benefits(1)An official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person, who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit in order to perform within the scope of his official powers an act, which ought not to be performed by him, or for the omission of an act, which ought to be performed by him,
shallbe punished by imprisonment for a term between one and ten years.
(2)An official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person, who demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit in order to perform within the scope of his official powers an act, which ought to be performed by him, or for the omission of an act, which ought not to be performed by him,
shallbe punished by imprisonment for a term between six months and five years.
(3)The punishment referred to in paragraph 1 of this Article shall be imposed on an official or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person, who demands or accepts a gift or any other benefit following the performance or omission of an official act referred to in paragraphs 1 and 2 of this Article and in relation to it.
(4)The gifts or any other benefits shall be forfeited.
Illegal IntercedingArticle 219
(1)Whoever accepts a reward or any other benefit for interceding that an official act be or not be performed, taking advantage of his official or influential position in the institutions ofBosnia and Herzegovina,
shallbe punished by a fine or imprisonment for a term not exceeding three years.
(2)Whoever by taking advantage of his official or influential position in the institutions ofBosnia and Herzegovina, intercedes that an official act be performed, which ought not to be performed, or that an official act be not performed, which ought to be performed,
shallbe punished by imprisonment for a term between six months and five years.
(3)If a reward or any other benefit has been received in return for the criminal offence referred to in paragraph 2 of this Article, the perpetrator
shallbe punished by imprisonment for a term between one and ten years.
Abuse of Office or Official Authority(1)An official or responsible person in the Bosnia and Herzegovina institutions who, by taking advantage of his office or official authority, exceeds the limits of his official authority or fails to execute his official duty, and thereby acquires a benefit to himself or to another person, or causes damage to another person or seriously violates the rights of another,
shallbe punished by imprisonment for a term between six months and five years.
(2)If a property gain acquired by the perpetration of the criminal offence referred to in paragraph 1 of this Article exceeds the amount of 10.000 KM, the perpetrator
shallbe punished by imprisonment for a term between one and ten years.
(3)If a property gain acquired by the perpetration of the criminal offence referred to in paragraph 1 of this Article exceeds the amount of 50.000 KM the perpetrator
shallbe punished by imprisonment for a term of not less than three years.
Lack of Commitment in OfficeArticle 224
(1)An official or responsible person in the institutions of Bosnia and Herzegovina, who, being aware of what he or she is doing, breaches law or other regulations or general acts, fails to exercise due supervision or in any other way manifestly acts in a clearlyunconscientiousmanner in the discharge of his official duties, and such action of his results in a serious violation of rights of another or a property damage whose value exceeds the amount of 1.000 KM,
shallbe punished by a fine or imprisonment for a term not exceeding three years.
(2)If a serious violation of another man's right or damage to property exceeding the amount of 10.000 KM has occurred as a result of the criminal offence referred to in paragraph 1 of this Article, the perpetrator
shallbe punished by imprisonment for a term between six months and five years.
Disclosure of Official SecretArticle 225
(1)An official or responsible person in the institutions of Bosnia and Herzegovina, who, without authorisation communicates, conveys or in any other way makes accessible to another person information which constitutes an official secret, or who obtains such information with an aim of conveying it to an unauthorised person,
shallbe punished by imprisonment for a term between six months and five years.
(2)The punishment referred to in paragraph 1 of this Article shall be imposed onwhoever, with an aim to make an unauthorised use of such information, avails himself unlawfully of the information kept as an official secret of the institutions ofBosnia and Herzegovinaor who discloses such information without a permit.
(3)If the criminal offence referred to in paragraph 1 of this Article has been perpetrated out of greed or in respect of a particularly confidential information or for the purpose of disclosing or using the information outside ofBosnia and Herzegovina, the perpetrator
shallbe punished by imprisonment for a term between one and ten years.
(4)An official or responsible person in the institutions ofBosnia and Herzegovina, who perpetrates the criminal offence referred to in paragraph 1 of this Article by negligence,
shallbe punished by a fine or imprisonment for a term not exceeding three years.
(5)There shall be no criminal offence referred to in paragraph 2 of this Article, if somebody makes public or mediates in making public an official secret of the institutions of Bosnia and Herzegovina the contents of which are in contravention with the constitutional order of Bosnia and Herzegovina, with an aim of disclosing to the public the irregularities attached to organising, performance and management of the office, provided that the making public has no substantial prejudicial consequences for Bosnia and Herzegovina.
(6)Provisions referred to in paragraphs 1 through 4 of this Article shall also be applied to a person who has disclosed an official secret after his function as an official or responsible person in the institutions ofBosnia and Herzegovinahas ceased.
Unlawful Release of a DetaineeArticle 228
An official person in the institutions of Bosnia and Herzegovina, who unlawfully frees another person detained and entrusted to him, or who aids his escape, or enables illegal connection or correspondence the purpose of which is preparation of escape,
shallbe punished by imprisonment for a term between six months and five years.
Unlawful Appropriation of Objects whileSearchingor Carrying out an Enforcement OrderArticle 229
An official person in the institutions of Bosnia and Herzegovina, who during the search of premises or persons, or while carrying out an enforcement order, takes a movable object with an aim of obtaining illegal material benefit for himself or another,
shallbe punished by imprisonment for a term between one and ten years.
XXIII Ch a p t e r T w e n t y – T H R EETRANSITIONAL AND FINAL PROVISIONSExecution of Criminal SanctionsArticle 251
The Ministry of Justice of Bosnia and Herzegovina and the competent ministry in each Entity or the competent body in the BrčkoDistrictof Bosnia and Herzegovina shall secure the agreement regarding the execution of criminal sanctions in the institutions under the Entities’ or District’s regulation in three months time from the entry into force of this Code.