Property claim to the injured party in the legislation and jurisprudence in the Federation of Bosnia and Herzegovina Cover Image

Imovinskopravni zahtjev oštećenog u zakonodavstvu i sudskoj praksi u Federaciji Bosne i Hercegovine
Property claim to the injured party in the legislation and jurisprudence in the Federation of Bosnia and Herzegovina

Author(s): Vedad Gurda, Muhamed Tulumović
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: injured party in criminal procedure; property claim; temporary measures; mediation;

Summary/Abstract: The paper describes the procedural position of the injured party in the criminal procedure legislation of the Federation of Bosnia and Herzegovina in the context of a property claim. In that regard, was analyzed its legal nature, preconditions for the application, the procedure and the way of decision making. Also, were analyzed the legal requirements and procedures for the application of temporary guarantee measures of this requirement, and mediation between the injured party and the accused regard to compensation for a crime. At the same time were conducted and empirical research on the application of these institutes in the courts in the Federation of Bosnia and Herzegovina. It was found that the courts in a relatively small number of cases decide on the request for property claim in the criminal proceedings, and that does not apply temporary measures for its insurance nor institute mediation. At the end the authors have offered certain proposals de lege ferenda.

  • Issue Year: 2/2016
  • Issue No: 2
  • Page Range: 88-117
  • Page Count: 30
  • Language: Bosnian