Reforming Confiscation Laws in Bosnia and Herzegovina: A Three-Step Approach

Step 1: Removal of Overly Insubstantial Preconditions for Confiscation

Confiscating instrumentalities and objects related to criminal offenses is a crucial measure for ensuring public safety. However, the current laws in Bosnia and Herzegovina contain overly vague conditions that hinder the effective application of this security measure.

Reviewing Articles in Criminal Codes

• Competent authorities at State level, Federation of Bosnia and Herzegovina, and Brcko District should review articles in respective Criminal Codes that provide for confiscation.
• The aim is to remove or concretize overly insubstantial preconditions under which this security measure can be applied.

Changes Adopted in the Criminal Codes

While no specific changes are mentioned, the following steps aim to improve the laws:

• Remove overly insubstantial preconditions of in rem confiscation of instrumentalities and other objects (‘interests of general security’ etc.).
• Concretize conditions for confiscation at all levels.

Step 2: Introduction of Provisions for Confiscating Proceeds

Confiscating proceeds from criminal offenses is essential for disrupting the financial networks of organized crime groups. However, the current laws lack provisions to enable this type of confiscation.

Considering New Provisions in Criminal Procedure

• Competent authorities should consider provisions in the criminal procedure which would enable the confiscation of proceeds where the criminal procedure cannot be concluded.
• The condition is that there must be a proof that the assets derive from criminal offenses.

Provisions Introduced

While no specific provisions are mentioned, the following steps aim to improve the laws:

• Introduce provisions in the criminal procedure which would enable the confiscation of proceeds where the criminal procedure cannot be concluded because the death or absconding of the perpetrator or for any other reason.
• Ensure that there is a proof that the assets derive from criminal offenses.

Step 3: Review of Practical Functioning of Provisions

To ensure that the new laws are effective, it is essential to review their practical functioning.

Assessing Effectiveness and Operational Tools

• Domestic authorities should review the practical functioning of provisions on confiscation and provisional measures.
• The aim is to ensure that these provisions are fully operational and satisfy themselves that necessary tools are in place for a complete and effective system.