Zabrana i ograničenje kretanja: krivično djelo ili prekršaj?
Prohibition and restriction of movement: criminal or minor offense?

Author(s): Igor Cimeša
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Public Law, Health and medicine and law, Penal Policy
Published by: Fondacija Centar za javno pravo
Keywords: BiH; Republic of Srpska; public law; movement prohibition; COVID-19; criminal offense; minor offense;
Summary/Abstract: Since the introduction of the prohibition and restriction of movement in Republic of Srpska, institutions having jurisdiction over criminal prosecution are faced with the question whether the violation of this prohibition constitutes the criminal offence of Non-compliance with Health Regulations during an Epidemic under Article 195 of the Criminal Code of Republic of Srpska or does it constitute the minor offence under Article 22 of the Law on Public Peace and Order of Republic of Srpska. After the introduction, this paper gives an overview of the elements of the criminal offence under Article 195 of the Criminal Code of Republic of Srpska. Further, the paper analyses whether the decision on prohibition and restriction of movement which is currently in force in Republic of Srpska represents a health measure - a measure for combating and prevention of spreading an epidemic of contagious diseases and it analyses the legal framework in Republic of Srpska in terms of measures for combating and preventing spreading of contagious diseases. The paper also provides an analyses of provisions of Article 43(2)(1) of the Law on Protection of Citizens of Contagious Diseases which prescribes restriction of movement as an extraordinary measure for combating and prevention of contagious diseases. Finally, the paper summarizes the presented arguments that violation of prohibition and restriction of movement may constitute the criminal offence under Article 195 of the Criminal Code of Republic of Srpska.

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