Abstract
This paper deals with the legal frameworks in Bosnia and Herzegovina {BiH} for confiscation and criminal assets recovery. It contains proposals for improvement of local laws regulating domestic activities and international judicial cooperation for confiscation and criminal assets recovery. The presentation is in pursuit of two goals: increase the efficiency of confiscation in BiH and intensify international legal contacts of BiH with other countries for the purpose of depriving offenders of their wealth and deter them from committing new crimes. Several legislative proposals are made, namely: abandon the crime-related confiscation and adopt the unexplained wealth confiscation, create two domestic rules: for international sharing of crime-conditioned assets and for confiscation on foreign requests of assets when the conditioning crime is beyond the applicability of the local criminal law. Also, it is argued that BiH is in need of submitting a declaration to European Convention on Mutual Assistance in Criminal Matters and the Second Additional Protocol thereto. This declaration should state that BiH accepts letters rogatory from Parties to the Convention through the EUROJUST channel.
Highlights
IntroductionBosnia and Herzegovina {BiH} is a complex country in Southeastern Europe located on the Balkan Peninsula
Multiplicity of Legal Frameworks for Confiscation and Criminal Assets RecoveryBosnia and Herzegovina {BiH} is a complex country in Southeastern Europe located on the Balkan Peninsula
Several legislative proposals are made, namely: abandon the crime-related confiscation and adopt the unexplained wealth confiscation, create two domestic rules: for international sharing of crimeconditioned assets and for confiscation on foreign requests of assets when the conditioning crime is beyond the applicability of the local criminal law
Summary
Bosnia and Herzegovina {BiH} is a complex country in Southeastern Europe located on the Balkan Peninsula It includes 4 components, each with its own Criminal Code, Criminal Procedure Code and other laws as well. Republika Srpska {RS} is leading in the creation of the legal framework for confiscation and criminal assets recovery in BiH. The provisions of this Law are similar to some extent At this point, neither the State level nor the Brcko District has any special law in force on criminal assets recovery. Neither the State level nor the Brcko District has any special law in force on criminal assets recovery3 They rely on the application of their Criminal Codes {CC-s} and the provisions on confiscation, in particular, which have been modified to materialize the idea of extended confiscation
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