PROCJENA USKLAĐENOSTI KRIVIČNOG ZAKONODAVSTVA BOSNE I HERCEGOVINE S DIREKTIVOM (EU) 2024/1385: OSVRT NA UHOĐENJE NA INTERNETU (ČLAN 6), UZNEMIRAVANJE NA INTERNETU (ČLAN 7) I POTICANJE NASILJA ILI MRŽNJE NA INTERNETU (ČLAN 8)
ASSESSING THE COMPATIBILITY OF BOSNIA AND HERZEGOVINA’S CRIMINAL LAW WITH DIRECTIVE (EU) 2024/1385: A FOCUS ON CYBERSTALKING (ARTICLE 6), CYBERHARASSMENT (ARTICLE 7), AND CYBER INCITEMENT TO VIOLENCE OR HATRED (ARTICLE 8)

Summary/Abstract: This article examines the degree of compatibility of Bosnia and Herzegovina’s criminal legislation with Directive (EU) 2024/1385, which, inter alia, requires the criminalisation of cyberstalking, cyberharassment, and the incitement to violence or hatred through information and communication technologies. The Directive constitutes a key legislative response of the European Union to the growing prevalence of digital violence, particularly gender-based violence and online misconduct that increasingly transcends national borders. Taking into account Bosnia and Herzegovina’s status as a candidate country for European Union membership, the article analyses the obligations arising from the harmonisation of domestic criminal law with the EU acquis. Particular attention is paid to the country’s complex criminal-law structure, characterised by the existence of multiple parallel jurisdictions, which renders the process of legal approximation both normatively and institutionally challenging. Employing a normative-dogmatic and comparative methodology, the article assesses the relevant provisions of the criminal codes of the Republika Srpska, the Federation of Bosnia and Herzegovina, and the Brčko District of Bosnia and Herzegovina in light of Articles 6, 7 and 8 of the Directive.The findings reveal an uneven level of compliance across the domestic legal framework. While certain jurisdictions – most notably the Republika Srpska and, to a certain extent, the Brčko District – have established relatively comprehensive normative responses to cyberstalking and online incitement to violence or hatred, significant gaps remain in other parts of the system, particularly with regard to cyberharassment. The article concludes that, despite notable legislative developments, including the 2025 amendments to the criminal legislation, further targeted and systematic reforms are required in order to ensure the full and consistent transposition of Directive (EU) 2024/1385 into the criminal-law system of Bosnia and Herzegovina.

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