Position of the Victim in Criminal Procedure in Bosnia and Herzegovina Cover Image

Položaj oštećenog u krivičnom postupku Bosne i Hercegovine
Position of the Victim in Criminal Procedure in Bosnia and Herzegovina

Author(s): Nezir Pivić, Almin Dautbegović
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: damaged party in criminal procedure; victim; criminal procedure.

Summary/Abstract: Procedural position of the victim in recent decades is experiencing dynamic development through the influence of international sources that have found their place in national legislations. However, contrary to the intention of the legislators of international documents and national laws of many countries to expend the rights of the victims and damaged, our legislator went in the wrong direction marginalizing the victim. The last significant reform of the Law on Criminal procedure in Bosnia and Herzegovina did not deal with the crucial issue how to improve the position of victim. We can conclude that one of the characteristics of our criminal procedure on the level of legislation especially in practice is inadequate legal protection of the interests of the victim. Rights that are given to the injured party, although modest, are not precisely specified in the law. Position of victim is seen through the phase of investigation, the procedure of accusation, trial and appeal. Especially important issue is how to protect the victim from the secondary victimization and how to secure the compensation from the state funds if it is not possible from the perpetrator.

  • Issue Year: 3/2010
  • Issue No: 05
  • Page Range: 7-34
  • Page Count: 28
  • Language: Bosnian