KRIVIČNA DJELA PROTIV BRAKA, PORODICE I MLADEŽI U SUDSKOJ PRAKSI OPŠTINSKOG I KANTONALNOG SUDA U TUZLI
CRIMINAL OFFENSES AGAINST MARRIAGE, FAMILY AND YOUTH IN THE PRACTICE OF THE MUNICIPAL AND CANTONAL COURTS IN TUZLA

Summary/Abstract: Criminal acts against marriage, family and youth, particularly domestic violence as the most common form are rapidly becoming a part of everyday life in the region, in Bosnia and Herzegovina and as well as in the most populous canton in the Federation of Bosnia and Herzegovina, Tuzla Canton. The legally valid court decisions brought by the Municipal Court in Tuzla and the Cantonal Court in Tuzla show that victims of crimes against marriage, family and youth stipulated in Title XX of the Criminal Law of the Federation of Bosnia and Herzegovina are not adequately protected under criminal law, even though these illegal behaviors are specially treated by a series of laws and ratified conventions. This gave the author of the article the motivation for the research presented. The aims of this research are as follows: to obtain detailed data on the current criminal policy of the abovementioned courts when applying currently valid criminal law norms and to provide suggestions for upgrading the existing protection system, which would enable a more relevant implementation of the existing legal solutions and consequently general and special prevention. The analyzed data refer to the number of persons prosecuted in proceedings in the period 2016 - 2020, types of court decisions, and sanctions imposed by these courts. The data also included the facts about age and gender structure and other personal characteristics of the prosecuted persons, as well as the information on the gender structure of the injured persons. The research results showed that the observed courts impose a warning measure in the form of a suspended sentence more often than fines or prison sentences. This ultimately leads to a large number of repeat offenders for these crimes, which indicates that the effect of general and special prevention is not achieved. In the article, the author made several suggestions for upgrading the existing protection systems for the injured, considering that the existing legal framework is adequate to the nature and forms of these crimes, but that the existing protection system does not provide adequate and expedient implementation of legal solutions.

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