Print Criminal Code
BrckoDistrict ofBosnia and Herzegovina
Official Gazette of theBrckoDistrict ofBosnia and Herzegovina, 6/00
(Excerpts)
CHAPTER XVII
CRIMINAL OFFENSES AGAINST LIFE AND BODY
Grievous Bodily Harm
Article 172
(1)Apersonwho inflicts grievous bodily harm upon another person or gravely impairs his health, shall be sentenced to prison from six months to five years.
(3) A person who inflicts a bodily injury upon another person or impairs his health so gravely that the life of the injured person is endangered, or if an important part or organ of his body was destroyed or permanently and to a substantial degree impaired, or if the injured person was made permanently unable to work, or if permanent and grave damage to his health or disfigurement took place, shall be sentenced to prison from one to ten years.
(2)Apersonwho commits the act from Paragraph 1 of this Article out of racial, national or religious reasons, shall be punished with a sentence from Paragraph 3 of this Article.
(3)If injuries referred to in Paragraphs 1 to 4 of this Article result in death of the injured person, the perpetrator shall be sentenced to prison from one to twelveyears.
(4)A person who commits the act referred to in Paragraphs 1 to 3 of this Article out of negligence, shall be sentenced to prison up to three years.
CHAPTER XVIII
CRIMINAL OFFENSES AGAINSTLIBERTYAND RIGHTS OF CITIZENS
Duress
Article 180
A person who uses force or serious threat of force to compel another to do something, not to do something, or to suffer, shall be sentenced to prison up to three years.
Unlawful Deprivation ofLibertyArticle 182
(1) Apersonwho unlawfully imprisons another person, keeps him imprisoned or otherwise restricts his freedom of movement, shall be fined or sentenced to prison up to one year.
(2)The attempt of the offense from Paragraph 1 of this Article shall be punished.
(3)If the unlawful deprivation of freedom lasted for more than fifteen days or if the manner of execution was cruel, or if such treatment of the person who was illegally deprived of freedom caused grave impairment of his health or if some other serious consequences occurred, the perpetrator shall be sentenced to prison from three months up to five years.
(4)If an official person commits the act referred to in Paragraphs 1 and 3 of this Article while on duty, he shall be sentenced for the act referred to in Paragraph 1 of this Article to prison from three months to five years, and for the act referred to in Paragraph 3 of this Article he shall be sentenced to prison from one to eight years.
(5)If a person unlawfully deprived of freedom loses his life as a result of a committed act, the perpetrator shall be sentenced to prison from three to fifteen years.
Extraction of Statements by DuressArticle 183
(1)An official person who, while exercising his duties, uses force, threat or other prohibited ways or means in order to extract information or some other statement from the accused, witness, court expert or otherperson,shall be sentenced to prison from three months to five years.
(2)If the extraction of information or statement has been accompanied by grave violence or if the grave consequences occurred for the accused in the criminal proceedings, the perpetrator shall be sentenced to prison from one to ten years.
Abuse while Performing DutiesArticle 184
An official person who, while performing his duties, abuses another person, inflicts grave physical or mental anguish, frightens or insults that person, shall be sentenced to prison from three months to five years.
Unlawful SearchArticle 187
(1)An official person who, in performance of his duties, conducts an unlawful search of an apartment, premises or persons, shall be sentenced to prison from three months to three years.
(2)The attempt of the offense from Paragraph 1 of this Article shall be punishable.
Breach of Secrecy of Letters or Other ConsignmentsArticle 188
(1)A person who without permission opens a letter, telegram or any other sealed filing or consignment or in any other way breaches their confidentiality, as well as the confidentiality of a fax, or who withholds, conceals or destroys them without an authorization, or who delivers a sealed letter, telegram, fax, closed filling or consignment to another person, shall be fined or sentenced to prison up to six months.
(2)A person who without authorization enters a computer database containing personal data or uses such data without authorization or makes them available to another, shall be fined or sentenced to prison up to six months.
(3)A person who commits the act referred to in Paragraphs 1 and 2 of this Article to gain a benefit for himself or someoneelse,shall be sentenced to prison up to three years.
(4)If the acts referred to in Paragraphs 1 and 2 of this Article have been committed by an official on duty, he shall be sentenced for the act referred to in Paragraphs 1 and 2 of this Article to prison from three months to three years and for the act referred to in Paragraph 3 of this Article he shall be sentenced to prison from six months to five years.
Violation of the Right to File Legal MeansArticle 191
(1)A person who prevents another from using his right to file an appeal, complaint, objection or any other legal means or motion in order to achieve his rights, shall be fined or sentenced to prison up to one year.
(2) If the act referred to in Paragraph 1 of this Article has been committed by an official who has abused his position or authorization, he shall be sentenced to prison from three months to three years
Violating the Freedom of Religion and Practising Religious ServicesArticle 193
(1)A person who deprives or limits the freedom of religion orpractisingof the religion, shall be fined or sentenced to prison up to one year.
(2)The sentence referred to in Paragraph 1 of this Article shall be pronounced on a person who deprives the religious community, acting in accordance with law, of the right on equality with other religious communities, or who denies the freedom to another religious community to hold religious services publicly.
CHAPTER XXI
CRIMINAL OFFENSES AGAINST MARRIAGE AND FAMILY
Preventing and Non-Performance of Measures for Protection of Juveniles
Article 223
(1)A person who prevents the execution of educational and other measures pronounced by the court, Prosecutor and competent bodies for protection of juveniles, shall be fined or sentenced to prison up to one year.
(2)A responsible person working with the organs or institutions for protection, education or professional training of juveniles, who acts unconscientiously in his work and consequently seriously jeopardizes the health and growing up of the juvenile, shall be sentenced to prison from three months to three years.
CHAPTER XXII
CRIMINAL OFFENSES AGAINST HEALTH
Failure to Render Medical Aid
Article 229
A medical doctor or other health worker who, contrary to his medical duty, refuses to render medical aid to a patient or to a person who needs the aid and whose life is in imminent danger, or who is in a danger of grievous bodily injury or serious impairment of health, shall be fined or sentenced to prison up to three years.
CHAPTER XXXI
CRIMINAL OFFENSES AGAINST OFFICIAL OR OTHER RESPONSIBLE DUTY
Abuse of Office or Official AuthorityArticle 371
(1)An official or a responsible person who uses his office or official authority to acquire a benefit for himself or for another, or to cause a damage or to seriously violate the rights of another by exceeding the limits of his official authority or by failing to perform his official duty, shall be sentenced to prison from six months to five years.
(2)If theoffensereferred to in Paragraph 1 of this Article resulted in acquiring a property gain exceeding the amount of 10,000 KM, the perpetrator shall be sentenced to prison from one to ten years.
(3)If theoffensereferred to in Paragraph 1 of this Article resulted in acquiring a property gain exceeding the amount of 50,000 KM, the perpetrator shall be sentenced to prison from three to fifteen years.
Accepting BribeArticle 375
(1)An official or a responsible person, a person representing interests of a legal person and a person of a medical profession who demands or accepts a gift or other benefit or who accepts a promise of a gift or other benefit to perform within the scope of his authorization an action which he should not perform, or not to perform an action he should perform, shall be sentenced to prison from one to ten years.
(2)An official or a responsible person, a person representing interests of a legal person and a person of a medical profession who demands or accepts a gift or other benefit or who accepts the promise of a gift or other benefit to perform within the scope of his authorization an action which he should perform, or not to perform an action he should not perform, shall be sentenced to prison from six months to five years.
(3)An official or a responsible person, a person representing interests of a legal person and a person of a medical profession who demands or accepts a gift or other benefit upon finishing the action referred to in Paragraphs 1 and 2 of thisArticle,shall be sentenced to prison from three months to three years.
(4)The accepted gift or property gain shall be confiscated.
Manipulation with InfluenceArticle 387
(1)A person who premeditatedly promises, gives or offers, directly or indirectly, any unlawful benefit to anyone who claims or affirms that he is in a position to have an unlawful influence in decision-making on any person among local public officials, members of local assemblies, foreign public officials, members of foreign assemblies, officials of international organizations, members of international assemblies, and judges and officials of international courts, regardless whether the benefit is intended for such person or for another; as well as who solicits, takes or accepts an offer or a promise of such benefit in order to perform such influence, regardless of the fact whether such influence is performed or such influence may lead to the expected result, shall be sentenced to prison from one to ten years.
(2)The accepted gift or property gain shall be confiscated.
Unprofessional Exercise of Official DutiesArticle 392
(1)An official who consciously violates the law or other regulations, or fails to exercise the official supervision or in some other way acts unprofessionally in exercising official duties, and by doing so causes the violation of right of another or a property damage exceeding the amount of 2,000 KM, shall be sentenced to prison up to three years.
If theoffensereferred to in Paragraph 1 of this Article resulted in a serious violation of right of another or in a property damage exceeding the amount of 20,000 KM, the perpetrator shall be sentenced to prison from six months to five years, and if it resulted in a damage exceeding 50,000 KM, the perpetrator shall be sentenced to prison from one to eight years.
Unlawful Liberation of a Detained PersonArticle 396
An official person who unlawfully liberates a detained person entrusted to him or helps the detained person to escape, or allows him to keep an illegal connection or correspondence whose purpose is to prepare the escape, shall be sentenced to prison from three months to five years.