Emerika Bluma 1, 71000 Sarajevo Tel. 28 35 00 Fax. 28 35 01 Department for Legal Affairs CRIMINAL CODE OF REPUBLIKA SRPSKA “Official Gazette of Republika Srpska”, 64/17 NOTE: On the day of entering into force of this Law, shall cease to be valid the Criminal Code of Republika Srpska published in the “Official Gazette of Republika Srpska”, 49/03, 108/04, 37/06, 70/06, 73/10, 1/12, 67/13. CRIMINAL CODE OF REPUBLIKA SRPSKA GENERAL PART CHAPTER ONE GENERAL PROVISIONS Basis and Function of the Criminal Legislation of the Republika Srpska Article 1 (1) Criminal law provisions contained in this Code shall be based on the Constitution of the Republika Srpska and the generally acknowledged principles and norms of international law. (2) The basic function of the criminal legislation of the Republika Srpska shall be to protect the fundamental human rights and freedoms and other fundamental individual and general values established by the Republika Srpska Constitution and international law. (3) This protection shall be implemented by defining the particular criminal offences, by specifying punishments and other criminal sanctions for the perpetration of these criminal offenses and by pronouncing the sentences against the offenders in the legally prescribed proceedings. Principle of Legality Article 2 (1) Criminal offences and criminal sanctions shall be prescribed only by law. (2) No punishment or other criminal sanction may be pronounced on any person for an act which, prior to being perpetrated, has not been defined as a criminal offence by law, and no punishment or another criminal sanction that has not been prescribed by such law cannot be pronounced against the person. Basis for criminal liability and Punishment Article 3 (1) The basis for criminal liability shall be the perpetration of a criminal offense with all of its characteristics that are prescribed by law. (2) No one may be punished nor may any alternative measures be pronounced against him/her unless he/she has been found criminally liable for a perpetrated criminal offense. Principle of Constraints Regarding Criminal Justice Compulsion Article 4 Criminal offenses and criminal sanctions shall be prescribed only for those unlawful acts by which the human rights and freedoms and other individual and general values of the society established by the Constitution and international law have thus been violated or jeopardized insomuch that their protection could not be achieved without using the benefits of criminal justice compulsion. Principle of equality of the criminal offense perpetrators Article 5 Perpetrators of criminal offenses shall be equal and subject to criminal liability irrespective 2 of the nature or type of the perpetrated criminal offense, ethnic, racial or religious affiliation, language, religious or political belief, colour, sex or sexual orientation, health status or gender identity, origin, political or social status or any other circumstances. Principle of Justice and Proportionality Article 6 Punishments and other criminal justice sanctions applied to the perpetrators of criminal offences should correspond to the nature and severity of the crime, the degree of criminal liability, the circumstances under which the offense was committed and the personality of the perpetrator. Principle of respect for human dignity and personality of the perpetrator Article 7 (1) In the execution of criminal sanctions the perpetrator may be deprived of certain rights or such rights may be restricted only if so is necessary for the execution of specific criminal sanctions and to the extent that corresponds to the nature and content of these sanctions. (2) Criminal sanctions shall be executed in such a way as to ensure respect for the perpetrator’s personality and his/her human dignity. (3) During the serving of the sentence of deprivation of liberty, it is necessary to respect the personality of the convicted individual, his/her physical and spiritual integrity. Such individuals shall not be subjected to any torture or other forms of cruel, inhuman or degrading treatment. In the event of such a treatment, they shall be provided with judicial protection. The Principle of Confiscation of Illegal Material Gain Article 8 Nobody shall be allowed to retain any material gain acquired by the perpetration of a criminal offence. The material gain and the proceeds or other forms of gain derived from the material gain acquired through a criminal offence shall be confiscated. CHAPTER TWO APPLICABILITY OF CRIMINAL LEGISLATION Time Constraints Regarding the Applicability of Criminal Legislation Article 9 (1) The legislation that was in force at the time when the criminal offence was perpetrated shall be applicable to the perpetrator of the criminal offence. If the legislation was amended at the time of perpetration of the criminal offence, the legislation that was in force at the time of completion of the criminal offence shall be applicable. (2) If, after the perpetration of a criminal offence and before the enactment of a final and binding judgment, the legislation was amended on one or more occasions, the legislation that is most lenient to the perpetrator shall be applicable. (3) The perpetrator of a criminal offense that is prescribed by legislation with a specified time of applicability shall be subject to application of that legislation, regardless of when he/she is being tried, unless otherwise determined by that legislation. (4) The rules of applicability of this Code referred to in paragraphs (1), (2) and (3) of this Article shall also be applicable in relation to the effect of the legal consequences of the conviction. 3 Territorial Applicability of Criminal Legislation Article 10 (1) Criminal legislation of the Republika Srpska shall be applicable to anybody who has perpetrated a criminal offence on its territory. (2) Criminal legislation of the Republika Srpska shall also be applicable to anybody who has perpetrated a criminal offense on board of a domestic vessel, regardless of its whereabouts at the time of the perpetration of the offense. (3) Criminal legislation of the Republika Srpska shall be applicable to anybody who has committed a criminal offense on board of a domestic civilian aircraft while in flight, regardless of the aircraft’s location at the time of the perpetration of the offense. (4) If, in the cases referred to in paragraphs (1), (2) and (3) of this Article, the criminal proceedings have been initiated or completed in a foreign country, the prosecution shall be undertaken in the Republika Srpska only upon the prior approval of the Chief Republic Prosecutor. (5) The criminal prosecution against foreign nationals in cases referred to in paragraphs (1), (2) and (3) of this Article may be transferred to a foreign State under the terms of reciprocity. Applicability of Criminal legislation of the Republika Srpska for Specific Offences Perpetrated Outside of the Territory of the Republika Srpska Article 11 Criminal legislation of Republika Srpska shall be applicable to anybody who has committed a criminal offence defined under Articles 278 through 305 of this Code outside its territory. Applicability of Criminal Legislation of the Republika Srpska to a Citizen of the Republika Srpska Committing a Criminal Offense Outside of its Territory Article 12 Criminal legislation of the Republika Srpska shall be applicable to a citizen of the Republika Srpska even when he/she has committed a criminal offence outside of its territory, except for the criminal offenses referred to in Article 11 of this Code, provided that he/she is found on the territory of Republika Srpska or has been extradited to the Republika Srpska. Applicability of Criminal Legislation of the Republika Srpska to a Foreign National Committing a Criminal Offence Outside its Territory Article 13 (1) Criminal legislation of the Republika Srpska shall also be applicable to a foreign national who has committed a criminal offense outside the territory of the Republika Srpska against Republika Srpska or against its citizen, even when the offense in question is some other than the one referred to under Article 11 of this Code, provided that he/she is found on the territory of the Republika Srpska or has been extradited to it. (2) Criminal Legislation of the Republika Srpska shall be applicable to a foreign national who has committed a criminal offense outside the territory of the Republika Srpska against another country or against a foreign national, for which offence the law of that country prescribes imprisonment for a term of five years or a heavier penalty, provided that the perpetrator is found on the territory of the Republika Srpska and does not get extradited to the other country. Unless it is stipulated otherwise in this Code, the court in such a case may not impose a heavier punishment than the one prescribed by the law of the country in which the criminal offense has been committed. 4 Special Preconditions for Prosecution Article 14 (1) In the cases referred to in Article 12 and Article 13 of this Code, the prosecution shall not be undertaken where: 1) the perpetrator has served the full punishment he was sentenced to abroad; 2) the perpetrator has been released or his/her sentence has been barred by lapse of time or he/she has been pardoned by a final and binding decision of a foreign court; 3) an appropriate security measure has been executed abroad against the perpetrator who is regarded as mentally incompetent; 4) according to the law of a foreign country, the prosecution for a criminal offence is normally undertaken on a personal complaint of the injured party, but such complaint has not be filed. (2) In the cases referred to in Article 12 and Article 13 of this Code, prosecution shall be undertaken only if the criminal offense in question is also punishable by the law of the country where the offense was committed, unless the offense has been committed against Republika Srpska and its citizens and when there is an approval of the Chief Republic Prosecutor.