Усклађеност кривичног законодавства са законодавством ЕУ у супротстављању организованом криминалу
Compliance of Criminal Legislation With European Union Law With Regard to Combating Organized Crime

Author(s): Uroš Pena, Nataša Sikimić
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Criminal legislation; Organized crime; Human rights; The rule of law;
Summary/Abstract: Criminal procedure in Bosnia and Herzegovina has been significantly reformed since 2003, when the new Criminal procedure law of B&H was adopted, as well as criminal procedure laws of the entities and District of Brcko. On the one hand, strongly influenced by the European Court of Human Rights practice, legislature tended to strengthen the guarantee of fair proceeding. On the other hand, due to expansion of international organized crime, and with regard to obligations arising from ever numerous international treaties, legislature strive to enhance more efficient criminal procedure by, among other means, strengthening prosecutor’s role. Thus,B&H has followed a trend established during the previous decades in legal systems of civil law tradition.Present Criminal procedure law of B&H has been subject to numerous amendments since it was enacted up to present day. There have been legal reforms which were intended to balance, on the one hand, the need to improve criminal procedure efficiency and, on the other hand, to protect fundamental rights of the suspect, or accused, concerning the need to accord to international law, and to European Convention on Human Rights and European Court of Human Rights practice in the first place.

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