Analysing the criminal law framework for processing a certain type of criminal offence presupposes that this criminal offence differs from other criminal offences by one or more characteristics and that this specificity has implications for the application of certain general institutes of criminal law (substantive and procedural). With hate crimes, this distinctive characteristic is the particular motive for their commission.
Themes: Judiciary and Access to Justice , Human Rights
This paper deals with the significance of this special characteristic for the processing of hate crimes understood as per the changes and amendments to the Criminal Code of Republika Srpska, the Criminal Code of the Brčko District of Bosnia and Herzegovina from 2010 and the Draft Law on Changes and Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina, 2013.
This publication is prepared as part of the project “Prosecuting hate: Towards adoption and implementation of EU standards and best practices in combating hate crimes in BiH”, implemented by the Association of Prosecutors of Federation BiH and Analitika, with the support of the Royal Norwegian Embassy in Bosnia and Herzegovina.
The publication is also published in local languages as part of the edited volume “Hate Crimes: Challenges of Regulation and Prosecution in BiH”.