The House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina last night, in the second round of voting, adopted the Law on Amendments to the Criminal Code of Bosnia and Herzegovina. This decision brings significant changes regarding the replacement of the imprisonment penalty, which caused divided reactions among citizens.
According to the provisions, the “prison sentence of an imprisonment will be rejected on the request of the convicted, a fine that is paid in one-time amount within 30 days.” However, the new amendment envisages that imprisonment to one year can be replaced by a fine only with the approval of the Court. This decision puts emphasis on judges, which will have the discretion to decide on the fate of convicts, taking into account the specific circumstances of each individual case.
In addition, the proposal of the amendment prevents the purchase of serious crimes such as causing national, racial and religious hatred, discord and intolerance, international trafficking, persons smuggling and other crimes against humanity. This means that in these cases, prison sentences will be required.
Skeps citizens according to the judicial system
Although amendments to the law sound as a step towards the stricter judicial system, the public reactions are mostly negative. Many citizens express a skepticu according to the application of new rules, pointing for distrust to the judicial system. Most believe that the law will affect the poor and marginalized groups the most, while rich, politicians and persons associated with criminal structures are likely to enjoy preferential treatment.
“The judges have so far made decisions that were often in favor of the powerful. This just gives more power to judges to decide at their discretion, and we all know how it ends, “says one of the interlocutors who wanted to remain anonymous.
Professional analyzes
Legal experts are divided into the influence of this law. While some believe that the judges are now being able to assess individual cases rightely, others warn that additional discretionary powers could open the doors for abuse and corruption.
The law has a good intention, but without the reform of the judicial system and stricter surveillance, it can happen that it is used selectively. This would only deepen the mistrust of citizens to the legal state.
Conclusion
The adoption of the BiH Criminal Code is adopted by significant changes in the exchange of prison sentence by a fine, but it also opens numerous issues on the application and justice in the judicial system. Although the stricter approach is announced, citizens express a profound suspicion of that the law will be equal to everything, which, according to many, will further empower the existing perception of inequality before the law, transmits Dobojinfo.
