Published on December 2024 | Criminal law, Criminal procedural law

Family Violence in the Criminal Law of Bosnia and Herzegovina With Reference to International Standards and Modern Understandings

In this paper, certain issues of criminal law, criminal procedure and victimology nature that are directly related to the criminal offense of domestic violence are brought up to date. This criminal offense is prescribed as an independent and autonomous criminal offense in the criminal law of Bosnia and Herzegovina, which is compatible with the international legal standards that the state of Bosnia and Herzegovina has assumed or accepted. In this regard, special attention is paid to the complexity of defining the concept of domestic violence, appreciating first of all its legal, i.e. social dimension with reference to international legal standards, and the objective-subjective conception of the concept of domestic violence based on the legal description of this criminal act. Also, these criminal acts are viewed through the prism of the protection of basic human rights and freedoms of each individual. In the context of the binding, adequate and correct application of international legal standards, the importance of the Council of Europe Convention on preventing and combating violence against women and domestic violence - the Istanbul Convention - is particularly emphasized.