Sudbina neustavnih odredaba Zakona o krivičnom postupku BiH (Ogled o jednom neuspjelom usaglašavanju)
The faith of Criminal Procedure Code of Bosnia and Herzegovina unconstitutional norms (Analysis of a failed harmonisation)

Author(s): Branko Perić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: BiH; constitution; Criminal Procedure Code; criminal law; harmonisation; flaws; evaluation;
Summary/Abstract: The author analyzes the proposed Draft Law on Amendments to the CPC BiH by starting from the analysis of lack or shortcomings of procedural norms as indicated by the Constitutional Court, in order to come up with a “draft” that might be of help to parliamentary working bodies discussing the proposed Draft. The analysis points to numerous serious problems in the practical application of CPC BiH provisions, which may be of great use for understanding the drawbacks of disputed procedural norms and for finding decisions that will bring about a firm normative structure of procedural institutions the Constitutional Court's decision pertained to. Through his analysis the author particularly stresses the significance of precision of the norms for the quality of the law and the principle of legality and rule of law. Pointing to the complexity of the problem and the consequences the decision produced for the criminal justice case law, the author suggests that the parliamentary procedure, besides a careful analysis of the Constitutional Court's decision, also includes problems that emerged in the case law by the application of the challenged provisions, for in that way one will be able to also remove the structural flaws the appellation did not point to, which were not analyzed by the Constitutional Court in its decision.

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