Procesuiranje počinitelja krivičnog djela nasilja u porodici pred nadležnim sudovima u Bosni i Hercegovini
Prosecution of the Perpetrator of the Criminal Offense of Domestic Violence in Bosnia and Herzegovina Courts Jurisdiction

Summary/Abstract: In this paper, the author elaborates the analysis of case law in cases in which are the perpetrators of the criminal offense of domestic violence were prosecuted before the courts in Bosnia and Herzegovina. The author conducted the research on 425 court cases that were completed in the period from 2013 to 2017. The research sample has involved 250 of the court cases that were completed in the ten largest courts in the Federation of Bosnia and Herzegovina, 150 cases which were completed in the six largest courts in Republika Srpska and 25 cases which were completed in the Basic Court of Brčko District of Bosnia and Herzegovina. The research is focused on several different observed categories, namely the type and amount of pronounced criminal sanctions, and especially the amount of imposed the prison sentence, the amount of imprisonment sentence determined in the suspended sentence and a certain probation period, as well as the types of passed court decisions and the procedures in which are mentioned cases are completed. The analysis of court criminal policy in criminal cases of domestic violence has shown that these criminal offence are unjustifiably observed as acts of less social danger, in accordance to the results of conducted research in the structure of the imposed criminal sanctions are dominated suspended sentence which is in the researched period pronounced in 72% of cases in entire Bosnia and Herzegovina. Also, in 94% of the cases of the imposed sentences, it was found that imprisonment sentences were pronounced in the shortest possible period, up to 6 months. In 81 % of cases it is similar situation at determined imprisonment in suspended sentence which were pronounced for up to 6 months. The results of the conducted investigation refer on the conclusion that the courts in Bosnia and Herzegovina have a very weak criminal policy referring sanctioning perpetrators of domestic violence offenses, so in the aim of appropriate protection of victims against violence, it is necessary to change the existing policy of criminal sanctioning of perpetrators of domestic violence by imposing of more appropriate criminal sanctioning.

• Details
• Contents