Krivična odgovornost zbog širenja zaraznih bolesti i provođenje krivičnog postupka u F BiH na primjeru COVID-19
Criminal liability for spreading infectious diseases and criminal proceedings in the F BiH based on the example of COVID-19: analysis of positive and proposed legal provisions

Author(s): Maja Mirković
Subject(s): Criminal Law, Public Law, Health and medicine and law
Published by: Fondacija Centar za javno pravo
Keywords: BiH; FBiH; public law; COVID-19; criminal law; criminal liability; Republic of Serbia;
Summary/Abstract: The pandemic of COVID-19 was declared by the World Health Organization (WHO) on 11 March 2020 and, to this day, the disease was present in 207 countries in the world, according to the official data provided by the WHO. The first case in BiH was registered on 5 March 2020, which triggered the fast reaction on the side of the BiH authorities. The F BiH Government declared the state of natural disaster on 16 March 2020, as did the RS Government and the BiH Presidency. This extraordinary situation has posed numerous challenges and obstacles in front of all levels of governance in BiH, including the area of criminal justice and response of the judicial organs. The purpose of this paper is to analyze de lege lata solutions regarding criminal liability for spreading infectious diseases and the relevant principles of criminal proceedings in F BiH, as well as de lege ferenda proposed provisions. In that sense, the question of public announcement of personal data of persons that failed to comply with the imposed measure of self-quarantine and the issue of holding main trial hearings online will be explored, as well as their possible implications. Also, the example of Republic of Serbia will be explained.

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