Criminal offenses against honor and reputation in the light of the amendment of the Criminal code of the Republic of Srpska

Abstract

The issue of (de)criminalization of behavior that injures, that is, endangers honor and reputation is one of the most important in modern criminal law. The demand for decriminalization arises from the norms of international law and it rests on the postulate of the right to freedom of thought and expression. However, it is also inviolable the right of a person to protect his honor and reputation, which is the basis of criminalization. Because of that it is not easy to find a balance in the exercise of these rights. They are opposed to each other from which arises danger that excessive protection of one of them undermines the other. It is a common understanding that modern criminal legislation is moving in the direction of decriminalization of such behaviors. Our legislator opted for the opposite solution. This is not a solution that has not been represented in the criminal legislation of the Republic of Srpska, because criminal offenses against honor and reputation existed until 2002 when they are decriminalized. In the article is apostrophized protection of honor and reputation in the light of the latest amendment to the Criminal Code of the Republic of Srpska.