Судска пракса није извор кривичног права у Босни и Херцеговини!
Case Law Is Not a Source of Criminal Law in Bosnia and Herzegovina!

Author(s): Igor Petković
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Court case
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Source of law; Principle of legality; Case law;
Summary/Abstract: Criminal substantive law, based on the principle of legality, does not allow the filling of legal gaps. A distinction is made between analogy as a method of interpretation (from similar to similar) where there is no legal gap and analogy as an illegal way of filling legal gaps. Recent years have witnessed an intriguing trend in domestic court decision-making, where reference to court decisions serves as a foundation for explaining the decision rendered. This in itself does not have to be negatively evaluated. However, it is necessary to repeat that case law is not the source of criminal law in Bosnia and Herzegovina.

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