Захтјев за заштиту законитости у кривичном поступку Републике Српске
Request for Protection of Legality in the Criminal Procedure of the Republic of Srpska

Author(s): Mladenka Govedarica
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Extraordinary legal remedy; Legally binding court decisions; Violations of the criminal law; Violation of the right to defense;
Summary/Abstract: Considering the importance of the extraordinary legal remedy-the request for the protection of legality-we conclude that it is important to have it in the area of criminal procedural legislation. It appears necessary to incorporate the request for legality protection into the criminal procedural legislation of the Federation of Bosnia and Herzegovina, the Brčko District of Bosnia and Herzegovina, and at the state level. The way criminal cases are handled in the courts of Bosnia and Herzegovina, the courts in the Federation of Bosnia and Herzegovina, and the courts in the Brčko District of Bosnia and Herzegovina directly and obviously violate the basic human rights and freedoms of people who have been convicted. These include equal treatment before the law, equal access to the courts, and the right not to be discriminated against in any way when exercising and protecting those rights, as protected by the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms. Fundamental legal issues that used to be solved by asking for the protection of legality are now focused on the work of the Constitutional Court of Bosnia and Herzegovina. A person who has been convicted can appeal to this court because they believe they have been violated of certain human rights and freedoms protected by the Constitution of Bosnia and Herzegovina and the European Convention of Human Rights. As a result, it follows that this court does not have the jurisdiction to consider significant violations of the criminal law's provisions that are critical to the convicted person.

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