Corporate Criminal Liability and Anti-Corruption Laws in Bosnia and Herzegovina

Mitigating Corporate Liability

In Bosnia and Herzegovina, the Criminal Law provides some measures to mitigate corporate liability for corruption crimes. These include:

• Voluntary reporting: If a company’s governing or supervisory body voluntarily reports the perpetrator after the crime has been committed, they may receive less severe punishment.
• Returning illegally obtained benefits: Companies that return an illegally obtained benefit after the committed criminal offense may be released from punishment.
• Eliminating harmful consequences: Companies that eliminate the harmful consequences of a corruption crime may also be released from punishment.
• Announcing merits of liability: If a company announces the merits of the liability of other legal entities, they may be released from punishment.

Sanctions for Corporate Criminal Entities

The Criminal Law stipulates that the fine imposed on a corporate criminal entity may not be less than BAM 5,000 (approximately EUR 2,500) or more than BAM 5 million (approximately EUR 2.5 million). The penalty of confiscation of property is also possible, as well as termination of the corporate entity.

Reporting Bribery and Corruption Cases

All officials and responsible persons in government bodies, public companies, and institutions, as well as all other individuals, are required to report bribery and corruption cases. Failure to disclose such cases can result in imprisonment or fines.

Leniency Law

While there are provisions in place to mitigate corporate liability for corruption crimes in Bosnia and Herzegovina, these do not appear to be part of a formal leniency program. However, companies that return an illegally obtained benefit after the committed criminal offense, eliminate harmful consequences, or announce the merits of the liability of other legal entities may receive reduced penalties.