Bail in Bosnia and Herzegovina and in Comparative Law
Bail in Bosnia and Herzegovina and in Comparative Law

Summary/Abstract: Bail represents one of the measures to ensure the presence of the suspect or accused and the successful conduct of criminal proceedings. This paper analyzes the quality of the Bosnian-Herzegovinian (hereinafter: BiH) norm for standardizing the bail, and as a hypothesis that was tested, the statement was defined that the bail is not well standardized in the laws of Bosnia and Herzegovina and there is a need for improvement. The aim of the paper and hypothesis testing was conducted through the analysis of the norm in Bosnia and Herzegovina and in comparative law, and finally empirical research has been conducted within the judicial community on the quality of the norm. The analysis of the norm shows the differences between the standard of Bosnia and Herzegovina and the norm of the surveyed countries in terms of bail. Special differences were observed in terms of detention grounds for which bail can be imposed as a substitute for detention, the existence of a conditional bail and some other specifics that are defined in the analyzed countries in a way different from the BiH norm. The conducted empirical research showed that the judicial community is not satisfied with the quality of the norm and that it needs to be improved, which is a confirmation of the research hypothesis.

• Details
• Contents