Emerika Bluma 1, 71000 Sarajevo
Tel. 28 35 00 Fax. 28 35 01
Legal Department
CRIMINAL CODE OF THE BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA
“Official Gazette” of the Brcko District of Bosnia and Herzegovina, 6/00
NOTE: Changes and Amendments of the Law on Criminal Code of the Brcko District, published in the Official Gazette of the Brcko District of Bosnia and Herzegovina 1/01, are not included in this translation.
TABLE OF CONTENTS
GENERAL PART......
CHAPTER 1......
BASIC PROVISIONS......
Functions of the Criminal Legislation of the Brcko District of Bosnia and Herzegovina....
Basis and Limits of Criminal Justice Compulsion......
Principle of Legality......
Mandatory Application of the Less Severe Law......
Criminal Sanctions and Conditions for Their Pronouncement......
Restrictions on Execution of Criminal Sanctions......
Applicability of the General Part of this Code......
CHAPTER II......
CRIMINAL OFFENSES AND CRIMINAL LIABILITY......
1. GENERAL PROVISIONS ON CRIMINAL OFFENSE AND CRIMINAL LIABILITY......
Criminal Offense......
Offense of Minor Significance......
Self-Defense......
Last Resort......
Force and Threat......
Criminal Liability......
Competence......
Premeditation......
Negligence......
Responsibility for Graver Consequence......
Factual Delusion......
Legal Delusion......
2. ATTEMPT OF A CRIMINAL OFFENSE......
Attempt......
Inappropriate Attempt......
Voluntary Abandonment of an Attempt......
3. COLLABORATION IN COMMITTING CRIMINAL OFFENSE......
Accomplices......
Incitement......
Accessory......
Limitations as to Responsibility and Punishability of Accomplices......
4. SPECIAL PROVISIONS ON CRIMINAL LIABILITY FOR CRIMINAL ACTS COMMITTED THROUGH PRESS AND OTHER MEDIA
Criminal Liability of Editor in Chief......
Criminal Liability of Publisher, Type-Setter and Manufacturer......
Application of General Provisions Concerning Criminal Liability......
5. METHOD, TIME AND PLACE OF COMMITTING A CRIMINAL OFFENSE......
Method of Committing a Criminal Offense......
Time of Committing a Criminal Offense......
Place of Committing a Crime......
CHAPTER III......
PUNISHMENTS......
1. PURPOSE OF PUNISHING, TYPES OF PUNISHMENTS AND CONDITIONS FOR PRONOUNCING PUNISHMENTS
Purpose of Punishments......
Types of Punishments......
Principal and Subsidiary Punishments......
Legality in Pronouncing Punishments......
Long-Term Imprisonment......
Prison Sentence......
Fine......
2. METING OUT OF PUNISHMENTS......
General Rules of Meting out of Punishments......
Mitigation of Punishment......
Limitations as to Mitigation of Punishment......
Release from Punishment......
Special Conditions for Releasing from Punishment......
Increasing Punishment in Case of Multirecidivism......
Joinder of Criminal Offenses......
Meting out of Punishment to a Convicted Person......
Credit for the Period of Custody and for the Previous Punishment......
CHAPTER IV......
SUSPENDED SENTENCE......
Purpose of the Suspended Sentence......
Suspended Sentence......
Conditions for Suspended Sentence......
Revocation of Suspended Sentence Because of New Criminal Offense......
Revocation of Suspended Sentence Because of the Previously Committed Criminal Offense
Revocation of Suspended Sentence Due to Failure to Fulfill Imposed Obligations......
Time Limits for Revocation of the Suspended Sentence......
Suspended Sentence with Protective Supervision......
Content of Protective Supervision......
Ordering Protective Supervision......
CHAPTER V......
SECURITY MEASURES......
Purpose of Security Measures......
Types of Security Measures......
Imposing Security Measures......
Mandatory Psychiatric Treatment and Stay in the Medical Institution......
Mandatory Psychiatric Treatment at Liberty......
Mandatory Medical Treatment of Drug Addicts and Alcoholics......
Ban to Perform the Occupation, Activity or Duty......
Ban to Drive a Motor Vehicle......
Confiscation of Objects......
Banishment of a Foreigner from the Brcko District......
CHAPTER VI......
RULES ON EDUCATIONAL RECOMMENDATIONS, EDUCATIONAL MEASURES AND PUNISHMENT OF JUVENILES
Validity of Separate Criminal Provisions for Juveniles......
Exclusion of Criminal Sanctions for Children......
1. EDUCATIONAL RECOMMENDATIONS......
Purpose of Educational Recommendations......
Conditions of Application of Educational Recommendations......
Types of Educational Recommendations......
Selection of Educational Recommendations......
Criminal Sanctions against Juveniles......
Purpose of Educational Measures and Juvenile Prison Sentence......
Types of Educational Measures......
Educational Measures......
Selection of Educational Measures......
Court Reprimand......
Committal into the Disciplinary Centre for Juveniles......
Intensified Supervision of Parents, Adoptive Parent and Guardian......
Intensified Supervision in a Foster Home......
Intensified Supervision of the Competent Agency of Social Welfare......
Special Obligations Connected to Measures of Intensified Supervision......
Committal to Educational Institution......
Committal to Correctional Institution......
Committal to Another Institution for Rehabilitation......
Termination and Modification of the Decision on Educational Measures......
Reconsideration of Educational Measures......
Punishing Senior Juveniles......
Juvenile Prison......
Meting out a Juvenile Prison Sentence......
Ordering Educational Measures and Juvenile Prison for Joinder of Criminal Offenses.....
Statute of Limitations on Execution of Juvenile Prison Sentence......
Pronouncing Criminal Sanctions to Adults for Criminal Offenses They Committed as Juveniles
Pronouncing Educational Measures to Junior Adults......
Security Measures for Juveniles......
Impact of Punishment on Educational Measures......
Impact of Educational Measures and Juvenile Prison Sentence......
Records on Pronounced Educational Measures......
CHAPTER VII......
GENERAL PROVISIONS ON EXECUTION OF SENTENCES......
Purpose of Execution of a Sentence......
Execution of Prison Sentence and Long-Term Imprisonment......
Limits as to the Execution of Punishments......
Work of Convicted Persons......
Release on Parole......
Revocation of Parole......
Execution of Juvenile Prison Sentence......
CHAPTER VIII......
CONFISCATION OF PROPERTY GAIN OBTAINED BY CRIMINAL OFFENSE......
Basis for Confiscation of Property Gain......
Manner of Confiscating Property Gain......
Protection of Injured Party......
Confiscating Property Gain from Legal Person......
CHAPTER IX......
LEGAL CONSEQUENCES OF CONVICTION......
Ensuing of Legal Consequences of Conviction......
Types of Legal Consequences of Conviction......
Commencement and Duration of Legal Consequences of the Conviction......
CHAPTER X......
REHABILITATION AND REQUIREMENTS FOR DISCLOSING INFORMATION FROM THE CRIMINAL RECORDS
Rehabilitation......
Legal Rehabilitation......
Judicial Rehabilitation......
Termination of Security Measures and Legal Consequences of Conviction on the Basis of Court Decision
Disclosing Information from Criminal Records......
CHAPTER XI......
STATUTE OF LIMITATIONS......
Statute of Limitations for Criminal Prosecution......
Running and Interruption of the Time Set by Statute of Limitations for Criminal Prosecution
Statute of Limitations for the Execution of Sentence......
Statute of Limitations for Execution of Subsidiary Sentences and Security Measures......
Running and Interruption of Statute of Limitations Regarding Execution of Sentence......
Genocide and War Crimes as Criminal Offenses Not Subject to the Statute of Limitations..
CHAPTER XII......
AMNESTY AND PARDON......
Amnesty......
Pardon......
Impact of Amnesty and Pardon on Rights of Third Parties......
CHAPTER XIII......
APPLICABILITY OF CRIMINAL LEGISLATION IN THE BRCKO DISTRICT WITH RESPECT TO PLACE OF COMMITTING CRIMINAL OFFENSE
Applicability of Criminal Legislation in the Brcko District on Anybody Committing Criminal Offense within the Territory of the Brcko District
Applicability of Criminal Legislation of the Brcko District to a Citizen of the Brcko District for Criminal Offenses Committed Abroad
Applicability of the Criminal Legislation of the Brcko District to a Foreigner for Criminal Offenses Commited Abroad
Special Requirements for Prosecution......
Credit for Detention and Sentence Served Abroad......
CHAPTER XIV......
MEANING OF TERMS AS USED IN THIS CODE......
SPECIAL PART......
CHAPTER XV......
CRIMINAL OFFENSES AGAINST THE STATE......
Attack on Constitutional Order and the System Established by the Statute......
Endangering Territorial Integrity......
Causing of Position of Subjugation or Dependence......
Armed Rebellion......
Terrorism......
Espionage......
Disclosing State Secret......
Sending and Transferring Armed Groups, Weapons and Ammunition to the Territory of the Brcko District and Bosnia and Herzegovina
Inducing National, Racial or Religious Hatred, Discord or Hostility......
Punishment for Preparation......
Punishment for Gravest Criminal Offenses......
CHAPTER XVI......
CRIMINAL OFFENSES AGAINST HUMANITY AND INTERNATIONAL LAW......
Genocide......
War Crimes against Civilians......
War Crime against the Wounded and Sick......
War Crimes against Prisoners of War......
Organizing a Group and Instigating the Commission of Genocide and War Crimes......
Unlawful Killing and Wounding the Enemy......
Unlawful Appropriation of Belongings from the Killed or Wounded on the Battlefield.....
Using Forbidden Means of Warfare......
Injuring the Negotiator......
Piracy......
Cruel Treatment of the Wounded, Sick and Prisoners of War......
Destruction of Cultural and Historical Monuments......
Instigating an Aggressive War......
Abuse of International Emblems......
Establishing Slavery and Transporting Enslaved People......
International Terrorism......
Endangering Persons under International Protection......
Taking Hostages......
CHAPTER XVII......
CRIMINAL OFFENSES AGAINST LIFE AND BODY......
Murder......
Brutal Murder......
Homicide Caused by Irresistible Impulse......
Negligent Homicide......
Infanticide at Childbirth......
Inducing to Suicide and Assistance in Suicide......
Illicit Abortion......
Grievous Bodily Harm......
Participation in a Brawl......
Exposure to Danger......
Abandonment of a Helpless Person......
Failure to Render Aid......
CHAPTER XVIII......
CRIMINAL OFFENSES AGAINST LIBERTY AND RIGHTS OF CITIZENS......
Infringement of the Equality of Citizens......
Violation of Right to Use Language and Alphabet......
Abduction......
Duress......
Prevention of Return of Displaced Persons and Refugees......
Unlawful Deprivation of Liberty......
Extraction of Statements by Duress......
Abuse while Performing Duties......
Endangering Safety......
Breach of Inviolability of an Apartment......
Unlawful Search......
Breach of Secrecy of Letters or Other Consignments......
Unauthorized Tapping and Sound Recording......
Preventing or Disturbing of Public Gatherings......
Violation of the Right to File Legal Means......
Preventing the Printing and Dissemination of Printed Materials and Broadcasting......
Violating the Freedom of Religion and Practising Religious Services......
Violating the Freedom of Expressing the National Background......
Violation of the Freedom to Express an Opinion......
Violating the Right to Associate and Politically Organize......
CHAPTER XIX......
CRIMINAL OFFENSES AGAINST ELECTION RIGHTS......
Preventing Elections and Voting......
Violation of the Right to Run in Elections......
Violation of the Right to Vote......
Violating the Free Decision of Voters......
Abuse of the Right to Vote......
Bribery at the Elections or Voting......
Violating Confidentiality of Voting......
Election Fraud......
Destroying the Electoral and Voting Documents......
CHAPTER XX......
CRIMINAL OFFENSES AGAINST SEXUAL INTEGRITY......
Rape......
Forced Sexual Intercourse......
Sexual Intercourse with a Helpless Person......
Sexual Abuse of a Juvenile......
Sexual Intercourse through Abuse of Official Position......
Pandering......
Intermediation in Performing Prostitution......
Showing Obscene Publications......
CHAPTER XXI......
CRIMINAL OFFENSES AGAINST MARRIAGE AND FAMILY......
Bigamy......
Enabling the Conclusion of Unlawful Marriage......
Unlawful Cohabitation with a Juvenile......
Abduction of a Juvenile......
Change of Family......
Maltreating or Neglecting a Juvenile......
Violation of Family Obligations......
Failure to Provide Maintenance......
Incest......
Preventing and Non-Performance of Measures for Protection of Juveniles......
CHAPTER XXII......
CRIMINAL OFFENSES AGAINST HEALTH......
Transmitting of Contagious Disease......
Failure to Comply with Health Regulations during an Epidemic......
Failure to Apply Protective Measures against Contagious Diseases......
Transmitting of HIV Infection......
Medical Malpractice......
Failure to Render Medical Aid......
Unlawful Medical Experiments on People......
Unlawful Rendering of Medical Aid......
Unlawful Transplantation of Parts of Human Body......
Unconscientious Preparing and Distribution of Medications......
Distribution of Harmful Products as Medications......
Unauthorized Production and Distribution of Poisons......
Manufacturing and Distribution of Harmful Products......
Unconscientious Inspection of Food Items......
Polluting Drinking Water and Food items......
Serving Alcoholic Drinks to Juveniles......
Unauthorized Production and Distribution of Narcotics......
Enabling the Consummation of Narcotics......
Grave Offenses against Public Health......
CHAPTER XXIII......
CRIMINAL OFFENSES AGAINST ECONOMY, INDUSTRY AND COMMERCE......
Violation of Equality in Performing Economic Activity......
Faking the Bankruptcy......
Unscrupulous Business Management......
Abuse of Bankruptcy Procedure......
Damaging or Privileging the Creditors......
Abuse of Authorizations in Economy......
False Balance Sheets......
Abuse of Estimation......
Fraud in Economic Transactions......
Concluding of Detrimental Contract......
Revealing and Unauthorized Obtaining of Trade Secrets......
Revealing and Using of Stock-Exchange Secrets......
Hindering the Control......
Unauthorized Use of Another’s Commercial Sign, Sample or Model......
Unauthorized Use of Another’s Invention......
Illicit Production......
Illicit Trade......
Misleading the Purchasers......
Counterfeiting Marks for Labeling of Goods, Measures and Weights......
Counterfeiting or Destroying of Business or Trade Books or Documents......
CHAPTER XXIV......
CRIMINAL OFFENSES AGAINST FINANCE......
Counterfeiting Money......
Counterfeiting and Using Securities......
Counterfeiting Credit Cards and Other Non-Cash Cards......
Counterfeiting Marks of Value......
Making, Obtaining or Giving to Others Counterfeiting Devices......
Money Laundry......
Deceit in Obtaining Loan or other Benefits......
Unlawful Banking......
Issuing Securities without Coverage......
Issuing Cheque and Non–Cash Payment Instruments without Coverage......
Unlawful Disposition with Cash......
Tax Evasion......
Smuggling......
Organizing a Group or Association for Smuggling and Distribution of Smuggled Goods...
Customs Fraud......
CHAPTER XXV......
CRIMINAL OFFENSES AGAINST PROPERTY......
Larceny......
Grand Larceny......
Robbery......
Armed Robbery......
Embezzlement......
Seizure of Piece of Someone Else’s Movable Property......
Unlawful Occupying of Real Property......
Damaging Another’s Article......
Fraud......
Petty Larceny, Embezzlement or Fraud......
Release from Punishment......
Extortion......
Blackmail......
Abuse of Authorization......
Usury......
Violating Other Person’s Rights......
Concealment......
Prosecution in Cases When the Perpetrator is Closely Related to the Victim......
CHAPTER XXVI......
CRIMINAL OFFENSES AGAINST ENVIRONMENT, AGRICULTURE AND NATURAL RESOURCES
Pollution of Environment......
Manufacturing Harmful Products for Medical Treatment of Livestock......
Unconscientious Rendering of Veterinary Aid......
Unauthorized Exercising of Veterinary Services......
Failure to Comply with Regulations Concerning the Suppression of Animal and Plant Diseases
Contaminating Fodder or Water Used by Livestock......
Destruction of Plants by Use of Harmful Substance......
Negligent Trade of Pesticides......
Concealing Existence of Contagious Disease among Animals......
Failure to Execute Decisions on Environment Protection Measures......
Importing Dangerous Substances into the Brcko District......
Changing the Purpose of Farming Land......
Destruction of Forests......
Forest Theft......
Torturing and Killing Animals......
Game Poaching......
Fish Poaching......
Damaging, Destroying and Illicit Export of Cultural Monuments and Protected Natural Treasures
Unlawful Researches and Expropriation of Cultural Monuments......
CHAPTER XXVII......
OFFENSES AGAINST GENERAL SECURITY OF PEOPLE AND PROPERTY......
Causing the State of Emergency......
Destroying or Damaging Important Economic Facilities or Public Facilities......
Damaging Protective Equipment in Mines, Factories or Construction Sites......
Unlawful and Improper Construction......
Felonies against General Security of People and Property......
Unauthorized Manufacture and Distribution of Generally Dangerous Substances......
Unauthorized Obtaining and Disposal with Nuclear Substances......
Jeopardizing Safety by Nuclear Substances......
Damaging of Dams......
Failure to Prevent Danger......
CHAPTER XXVIII......
CRIMINAL OFFENSES AGAINST TRAFFIC......
Jeopardizing Traffic......
Jeopardizing Traffic Because of Intoxication......
Jeopardizing Traffic by a Dangerous Activity or Means......
Careless Supervision over Traffic......
Failure to Render Aid to a Person Injured in a Traffic Accident......
Felonies against Safety of Traffic......
Hijacking an Aircraft or a Vessel......
Jeopardizing Safety of Air Traffic......
Abuse of Telecommunication Signals......
CHAPTER XXIX......
CRIMINAL OFFENSES AGAINST JUDICIARY......
Failure to Report Preparation of a Criminal Offense......
Failure to Report a Criminal Offense or a Perpetrator......
Assistance to the Perpetrator after the Commission of a Criminal Offense......
False Reporting......
False Testimony......
Preventing the Gathering of Evidence......
Breach of Secrecy of Proceedings......
Failure to Execute a Court Decision......
Violating a Court Ban to Perform a Duty or Occupation......
Mutiny of Detained Persons......
Escape of a Detained Person......
Enabling Escape to a Detained Person......
CHAPTER XXX......
CRIMINAL OFFENSES AGAINST PUBLIC ORDER AND LEGAL TRANSACTIONS......
Obstructing an Official in Execution of the Official Duty......
Attack on an Official Executing Security Duties......
Participating in a Group Preventing Officials in Executing the Official Duty......
Organizing of Resistance......
Violent Behaviour......
Unauthorized Ownership and Use of Radio or Television Station......
Unauthorized Exercise of a Profession......
Failing to Participate in Averting a Public Emergency......
Removing or Damaging of an Official Seal or Sign......
Confiscating or Destroying an Official Seal or Official Documents......
Destroying or Concealing Archive Materials......
False Impersonation......
Arbitrary Exercise of Rights......
Criminal Association......
Agreement to Commit a Criminal Offense......
Participation in a Group which Committed a Criminal Offense......
Manufacturing and Obtaining Weapons and Means Designed for Commission of Criminal Offenses
Unlawful Possession of Weapons or Explosive Substances......
Defiling a Grave or a Corpse......
Misuse of Emergency or Alarm Signals......
Counterfeiting of Documents......
Special Cases of Counterfeiting Documents......
Making, Obtaining, Possessing, Selling or Giving for Use the Means of Counterfeiting Documents
Inducing Certification of False Contents......
Issuing and Use of False Medical or Veterinary Health Certificate......
CHAPTER XXXI......
CRIMINAL OFFENSES AGAINST OFFICIAL OR OTHER RESPONSIBLE DUTY......
Abuse of Office or Official Authority......
Misappropriation......
Fraud in Performing an Official Duty......
Unauthorized Use of Office Property......
Accepting Bribe......
Giving Bribe......
Giving Bribe to Local Public Officials......
Accepting Bribe by Local Public Officials......
Bribery of Members of Local Assemblies......
Bribery of Foreign Public Officials......
Bribery of Members of Foreign Assemblies......
Giving Bribe in the Private Sector......
Accepting Bribe in the Private Sector......
Bribery of Officials from International Organizations......
Bribery of Members of International Parliamentary Assemblies......
Bribery of Judges and Officials from International Courts......
Manipulation with Influence......
Laundry of Money Obtained through Criminally Punishable Offense of Corruption......
Accounting Offense......
Unlawful Intermediation......
Violation of Law by a Judge......
Unprofessional Exercise of Official Duties......
Revealing of Official Secret......
Counterfeiting Official Documents......
Unlawful Collection and Payment......
Unlawful Liberation of a Detained Person......
Unlawful Appropriation of Objects during Search or Carrying Out an Effective Order.....
CHAPTER XXXII......
CRIMINAL OFFENSES AGAINST SYSTEMS OF ELECTRONIC DATA PROCESSING......
Damaging of Computer Information and Programs......
Computer Sabotage......
Computer Fraud......
Disrupting the Operation of the System and Network for Electronic Data Processing......
Unauthorized Access into Protected System or Network for Electronic Data Processing....
CHAPTER XXXIII......
TRANSITIONAL AND FINAL PROVISIONS......
Pursuant to Article 23 of the Statute of the Brcko District of Bosnia and Herzegovina, the Assembly of the Brcko District, at the 9th session held on October 19 and 23, 2000, adopts the following
CRIMINAL CODE OF THE BRCKO DISTRICT OF BOSNIA AND HERZEGOVINA
GENERAL PART
CHAPTER 1
BASIC PROVISIONS
Functions of the Criminal Legislation of the Brcko District of Bosnia and Herzegovina
Article 1
(1)Criminal legislature of the Brcko District of Bosnia and Herzegovina (hereinafter: the Brcko District) protects fundamental rights and freedoms of men and citizens and other basic individual and general values established and guaranteed by the legal system.
(2)This protection shall be exercised by determining which actions represent criminal offenses, prescribing sentences and other criminal sanctions for these actions, and pronouncing these sanctions to the perpetrators in procedures determined by law.
Basis and Limits of Criminal Justice Compulsion
Article 2
Criminal justice compulsion (Article 1, Paragraph 2 of this Code) shall be applied only when fundamental social values cannot be ensured otherwise, and only to the degree necessary to provide such protection.
Principle of Legality
Article 3
(1)Criminal offenses and criminal sanctions are prescribed only by law.
(2)No criminal sanction may be pronounced on a person for an act which, prior to being committed, had not been defined by law as a criminal offense, and whose legal qualifications had not been described and for which a criminal sanction has not been prescribed.