Procesuiranje zločina iz mržnje u Republici Srbiji i Bosni i Hercegovini

Abstract

The author deals with the issue of prosecution of hate crimes in Serbia and Bosnia and Herzegovina. In this regard, the author tries to elaborate on the most important concepts related to the legal regulation and the fight against this type of crime, to point out their differences and relationships. The paper pays special attention to the problems that judicial authorities face when they prosecute hate crimes. The current criminal policy is extremely mild; the existence of hatred as a special motive has not been taken into account and the goal is only to determine whether there is a criminal offense. The author tries to point out how important it is for a country to demonstrate determination in combating violence, which means not only the protection of individuals by the authorities and not only a contribution to social equality, but also implies state measures to promote rights and freedoms of all citizens that are guaranteed by the highest legal act - the Constitution. The paper emphasizes that one of the ways to combat this behavior is the introduction of the provisions on hate as an aggravating circumstance in the Criminal Code. Of course, it should be noted that the situation in the society cannot automatically be improved by introducing the aforementioned provisions. This is a long-term process, so it is of utmost importance the successfully implement the law as the prevention of future crimes depends on it. Therefore, the introduction of hate crimes into law is the first step towards a society in which hatred will not be tolerated. The paper aims to point out the basic shortcomings in the legal framework and practice in Bosnia and Herzegovina in this domain by observing it through the prism of criminal acts committed out of hatred as the primary focus of analysis, adopting the proposition according to which the specific social context in Bosnia and Herzegovina dictates greater intervention in the domain of criminal regulation of expression of hatred and prejudice.