Ključni problemi u procesuiranju korupcije u Bosni i Hercegovini: materijalnopravni aspekti
Key Problems in Prosecuting Corruption in Bosnia And Herzegovina: A Substantive Law Perspective

Author(s): Adela Bejtović-Janušić
Subject(s): Business Ethics, Socio-Economic Research, Corruption - Transparency - Anti-Corruption
Published by: Analitika – Centar za društvena istraživanja
Keywords: corruption in BiH; prosecuting corruption;
Summary/Abstract: Corruption is undoubtedly ubiquitous in Bosnia and Herzegovina, in all pores of society and on an increasing scale. By simply searching journalistic texts, it is possible to notice that citizens perceive corruption as one of the ways to exercise their rights and interests, primarily in health and education, but also in the police and judiciary. // A 2013 study of the national integrity system by Transparency International states that “despite years of reforms, international community engagement and donor assistance, widespread corruption remains the most significant problem in BiH and undermines any substantive reforms that would lead to until the establishment of a functional and self-sustaining country. ” Many foreign investors cite a high degree of corruption, which causes enormous moral and material damage to society, as a reason for non-investment or limited capital investment in Bosnia and Herzegovina, in addition to complicated state structure and political instability. // The reasons for the poor performance of the judiciary in prosecuting corrupt crimes range from the very nature of the phenomenon of corruption, which is shrouded in secrecy due to the interests of participants, making it difficult to detect, to insufficiently good institutional and legal solutions. This paper will address some of these reasons, while special attention will be paid to the substantive aspect of the problem, ie obstacles to the effective prosecution of corruption in BiH, which concern the very definition of corrupt crimes.

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