The rule of law and functional prevention are needed in the fight against abusers throughout the country. Both entities are taking systemic steps towards zero tolerance for crimes that have disturbed the public for years, and abusers bought a one-year prison sentence, by amending the Criminal Code.
In the Federation, the possibility of redemption of punishment for pedophilia, human trafficking, sexual violence is abolished, while in the Republic of Srpska, judges are given greater freedom to replace sentences of up to a year in prison with work for the public interest and monetary redemption. At the state level, so far, there are no such steps, after Milorad Dodik paid a little more than 36,000 KM to avoid going to prison.
Increased redemption amount, the court decides on the requests
After dozens of reported cases of pedophilia, human trafficking, and sexual violence, the issue of tightening legal provisions was initiated in the Federal Parliament. The amendments to the FBiH Criminal Code retained the possibility of redeeming the sentence, but specified the exemptions.
“The amendment defined that pedophilia and certain criminal acts, for example, an attack on the constitutional order, cannot be redeemed. With the amendment of Article 9, it was defined so that we do not have a problem, everything was done precisely,” says Ramo Isak, Minister of Internal Affairs of the FBiH (Power of the People).
And this is according to European standards, in accordance with the rights that convicts have, adds Minister Isak, and reminds that the amount of the redemption fine has been increased by changes in the law, but also that ultimately the competent court decides on requests with exemptions.
Pećanac: Unloading prison capacity cannot be an excuse
The changes in the law are commendable, but the bottom line is that this way violates the principle of a final verdict, believes Nermin Pećanac, security expert and former minister of the interior of Sarajevo Canton, and adds that relieving prison capacity cannot be an excuse.
“Italy has so many problems with prison accommodation facilities, but it does not allow what we have here. I think we are unique in this case in changing the final judgment of the court. It used to be that it could be replaced, and the discretion of the court was whether to replace it or not. Now the changes say ‘will change’, so it must be imperative,” Pećanac points out.
An important detail in the amendments to the FBiH Criminal Code was also asserted by the chairman of the House of Representatives of the Federal Parliament, Dragan Mioković (NS), who, like Pećanac, is first and foremost a man from police structures.
“It prejudices the judge’s right and the possibility to judge in a certain case that it is not something that must be mandatory. That is why I launched the initiative to amend this article and to leave the possibility – because I think it should and in the spirit of the European judicial tradition – to replace the prison sentence of up to one year, but that it is not mandatory, but that the court and the judicial council assess whether to enter into it or not”, explains Mioković.
There are four inconsistent legal frameworks in the country
In the meantime, the Constitutional Court of the RS has made a decision in which it is impossible to redeem a prison sentence of one year. Currently, there are four non-harmonized legal frameworks in Bosnia and Herzegovina, which causes conflicting views, but also raises the question of what is and is it discriminatory for the accused. This is what the legislator must clearly define, say those in the know.
“They will also have to deal with the issue of not discriminating against people who have no money, and that redemption goes in the direction of a person’s income. It’s not the same who earns 10,000 KM and who lives on the minimum wage,” points out Stefan Blagić, political scientist and president of the ReStart Srpska Association.
“It cannot happen that you have one right or provision in one part of Bosnia and Herzegovina, and another provision in another. A comprehensive reform is necessary that will show the situation, analysis, what concrete sanctions and the purchase of prison sentences have brought, whether it is good or not. I believe that it should be abolished and the emphasis should be placed on working for the public interest”, concludes Adisa Kokić Hinović, representative of the SDA in the House of Representatives of the FBiH Parliament.
Uneven legal acts create legal uncertainty. The criminal law and its provisions should be identical for each individual, and each judgment should carry the same weight for each accused, our interlocutors agree.
(TYPE/Source: federalna.ba/Author: Adisa Šehić/Photo. FTV)
