NASILJE U PORODICI U KRIVIČNOM PRAVU DRŽAVA U OKRUŽENJU BOSNE I HERCEGOVINE
DOMESTIC VIOLENCE IN THE CRIMINAL LAW OF STATES AROUND BOSNIA AND HERZEGOVINA

Summary/Abstract: Different forms and types of manifestations of domestic violence represent an old, archaic social phenomenon within the crime of violence. These illicit, proscribed, forbidden, and punishable behaviors were present in all societies of the world. However, such behaviors with elements of violence, which took place in a narrow circle of spouses or members of the same family (blood relatives in direct or collateral kin line), remained for a long time far beyond the sphere of observation of the legislator. That is why the incriminations of domestic violence as independent criminal offenses with threatened criminal sanctions were incorporated much later into the national criminal legislations of certain countries, i.e. only at the end of the 20th century. In order to fully and comprehensively understand the problem of domestic violence in Bosnia and Herzegovina, it is not enough to focus only on theoretical and practical analysis of the manifestations, characteristics and features of these crimes in basic, qualified or privileged forms according to domestic positive legislation, but it is necessary to pay some attention to the comparative law (comparative) analysis of these criminal offenses in the criminal justice systems of the countries around Bosnia and Herzegovina. This is logical and justified because these are legal systems (family, criminal, misdemeanor) of states that were part of the same state until the end of the twentieth century - SFRY, which inherited an identical legal tradition and regulations in many spheres of social and legal life. In this context, the paper analyzes criminal legislations of Montenegro, Croatia, Northern Macedonia, Slovenia and Serbia.

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