Prosecuting Hate Crimes in Bosnia and Herzegovina: Problems in Prosecutorial Practice
Prosecuting Hate Crimes in Bosnia and Herzegovina: Problems in Prosecutorial Practice

Author(s): Azra Kuči
Subject(s): Criminal Law, Civil Society, Penal Policy, Court case
Published by: Analitika – Centar za društvena istraživanja, sva prava pridržana
Keywords: BiH; hate crimes; court; prosecution; prosecutorial practice; police; civil society;
Summary/Abstract: Taking the current legal regulations pertaining to hate crimes as a starting point, Analitika conducted research to identify some of the key problems faced by prosecutors in Bosnia and Herzegovina in their practice of prosecuting hate crimes. The research has shown that problems arise at the very beginning of the investigation, due to shortcomings in police reports. The absence of official indicators for recognizing bias motivation causes difficulties for prosecutors and for the police. Furthermore, there is a perception of the prevalence of various manifestations of hatred and bias, which leads to difficulties in distinguishing important from less important incidents motivated by hatred. There are also practical problems, foremost among them being the lack of training in this area, lack of access to relevant literature and examples from comparative case law. Another significant factor contributing to the inadequate prosecution of hate crimes in Bosnia and Herzegovina is related to structural problems such as the absence of a procedural protocol for these cases and the insufficient cooperation of prosecutors and the police with civil society.

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