Реформа кривичног законодавства у области сузбијања тешких облика криминалитета у Републици Српској и Босни и Херцеговини
Reform of Criminal Legislation in Combating Serious Crime in Republic of Srpska and Bosnia and Heruegovina

Author(s): Mile Šikman
Subject(s): Criminal Law, Security and defense, Criminology
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Criminal law;Criminal procedure;Organized crime;Terrorism;
Summary/Abstract: Serious forms of crime are a term that is more and more used in criminal law reforms. At the same time, this represents one of the most complex issues for at least two reasons: first, the very notion of serious crime is quite questionable and subject to debate on different levels and secondly, criminal incriminations and procedural mechanisms are extremely sensitive areas of criminal and procedural law which encompass serious forms of crime. More¬over, the noted area is under significant influence of the internationalization of criminal law, whereas numerous international legal instruments are treating this issue. In this regard, the paper will present an analysis of the criminal justice response to organized crime and terrorism, as ‘synonyms’ for serious crimes. This analysis will include the development of norms of substantive and procedural criminal law in the last 20 years (since the Dayton Peace Agreement up to present). Special emphasis will be on the period after adoption of new criminal laws and the Criminal Procedure Code (2003), which introduced not only new sanctions, but also established a new concept of investigative proceedings (for investigations) and introduced a new subjects of criminal proceedings. The above mentioned norms (organized crime, terror¬ism and crimes related to it, organized crime groups, terrorist groups, etc.), as well as introducing special investigative actions, are the key components of the criminal justice response to serious forms of crime.

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