Amendments to the Criminal Code
More resultsIntroduction
In 2018, amendments to the Criminal Code of FBiH were put forward specifically to change Article 382(1), which defines the criminal offence of accepting a reward or other benefit in exchange for trading in influence (illegal interceding). Under existing law, the offence is committed when an official takes advantage of their position in the institutions of FBiH to intercede so that an official act be performed that should not be performed, or so that an official act not be performed that should be performed.
- Country
- Bosnia and Herzegovina
- Sector
- Public institutions
- Type of Law
- Weakening checks and balances systems, Attempted law that was not passed
Description of the law
In 2018, amendments to the Criminal Code of FBiH were put forward specifically to change Article 382(1), which defines the criminal offence of accepting a reward or other benefit in exchange for trading in influence (illegal interceding). Under existing law, the offence is committed when an official takes advantage of their position in the institutions of FBiH to intercede so that an official act be performed that should not be performed, or so that an official act not be performed that should be performed.
According to the proposed amendments, the words “reward” and “benefit” in Article 382(1) would be replaced by the word “bribe”. The effect of the amendments would be to allow impunity for trading in influence in exchange for a reward or other benefit.
The amendments were proposed by the ruling Party of Democratic Action (SDA) in 2018 at the same time that high officials in the SDA were being charged with the offence of trading in influence for a reward or other benefit (see here). The indicted officials include Amir Zukić, a former SDA general secretary and member of parliament, as well as Asim Sarajlić and Mirsad Kukić, both former SDA vice-presidents.
The amendments did not pass the parliamentary procedure and they were not adopted.
Full Law Name
Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina (FBiH)
Type of law
Act of Parliament (Amendments to the law)
Scope of application
Substantive: trading in influence
Personal: the law affects all citizens, especially those holding office in FBiH institutions
Territorial: FBiH
Temporal: until abrogated
Time of adoption and entering to force
The amendments were not adopted; they did not pass the parliamentary procedure. The House of Representatives in the FBiH Parliament approved the amendments, but the upper house, the House of Peoples, did not do so.
Who drafted it
Elzina Pirić, a delegate in the House of Representatives of the Parliament of the Federation of BiH.
Who submitted it to parliament or other collective body, such local council
Elzina Pirić, a member of the ruling SDA, proposed the adoption of the amendments (see here). Pirić is an associate of Mirsad Kukić, a former parliamentary member and SDA vice-president charged with the criminal offence in question.
Relevant developments in the process of adoption that show signs it is tailor-made
The amendments to the Criminal Code were proposed in 2018 after an indictment was brought against several high-ranking officials in the ruling SDA and politically appointed managers of state-owned enterprises (see also here).
The individuals were charged with receiving rewards or other benefits in exchange for trading in influence. The OSCE Mission to Bosnia and Herzegovina raised concerns that the proposed amendments would undermine the fight against corruption and could have a direct impact on ongoing criminal investigations against politicians in FBiH, because the amendments would narrow the criminal offence in question.
Who adopted it
In the FBiH Parliament, the House of Representatives approved the amendments, but the House of Peoples did not do so (see here).
Enforcement
N/A
Initiatives to challenge it and their outcomes
There have been no challenges to the law.
Affected sector
Public institutions
Direct beneficiaries and related networks
The direct beneficiaries of the law would be public officials trading in influence.
Direct victims
The direct victims would be citizens, as well as the prosecutor's office, which would face significant difficulties in proving the criminal offence in question if the amendments were adopted.
Socio-economic impact
The amendments were not adopted. Therefore, they did not have any impact.
Impact on rule of law
In parliament, the amendments were rejected by the upper house, but they were passed by the lower house, which raised concerns over the intent of the lawmakers to allow impunity for trading in influence in exchange for a reward or other benefit. Also, the amendments were adopted by the lower house in an urgent parliamentary procedure without adequate deliberation and transparency (see here).
Is there any corruption case that is linked to the tailor-made law?
Yes. There is an ongoing trial in the Municipal Court of Sarajevo against Amir Zukić, a former SDA general secretary and member of parliament, as well as Asim Sarajlić and Mirsad Kukić, who are both former SDA vice-presidents, and other defendants in the “Bosnia” case.
The defendants stand accused of organising a group for the illegal employment of people and party members in state-owned enterprises, receiving rewards and other benefits in exchange for trading in influence, and the illegal possession of weapons, among other offences (see here).
Although the trial has not concluded, the US State Department has designated Zukić and his family members ineligible for entry into the United States because of his involvement in significant corruption.
Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of December 2020. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.
