CRIMINAL GROUPS – CRIMINOLOGY AND SECURITY PERSPECTIVES (CASE STUDY: BOSNIA AND HERZEGOVINA)

Abstract

This paper analyses court cases which qualified as organised crime in Bosnia and Herzegovina (B&H). The final judgments were analysed according to the following criteria: the number of defendants; the continuity of membership within the crime organisation; the existence of criminal structure; the existence of a developed plan of activities; the type and number of the offences committed; influence on public authorities, the judiciary, and citizens; and sentences imposed on the defendants. This paper seeks to identify the extent to which court judgments are based on these criteria. A secondary analysis of the data related to the organised crime cases heard in the Court of Bosnia and Herzegovina in the period between 2015 and 2018 was conducted. This analysis encompassed 21 organised crime cases in which 27 judgments were pronounced. In the observed period (2015-2018), we identified two organised criminal groups that meet the criteria analysed. The identified number of organised criminal groups is minimal in relation to the total number of organised crime cases processed. Our findings contradict the prevailing view in public discourse that organised crime is a widespread security threat in BiH. The findings of our research demonstrated the existence of legal gaps, reflected in the lack of clear criteria on the basis of which OCGs can be distinguish from other forms of criminal activity. Legal and institutional weaknesses create opportunities for OCGs to operate and create a sense of insecurity among citizens in the already complex security environment in B&H.