Bosnia and Herzegovina: Law of 1996 on Amnesty
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 24 February 1996 |
| Cite as | Bosnia and Herzegovina: Law of 1996 on Amnesty [Bosnia and Herzegovina], 24 February 1996, available at: https://www.refworld.org/docid/3ae6b4d83c.html [accessed 28 May 2023] |
| Comments | This is an OSCE translation. The Law was adopted by the the Assembly of the Republic of Bosnia and Herzegovina on 12 February 1996 and published in the official bulletin, Sluzbeni list RBiH, No. 6/1996 dated 23 February 1996. Please note that this Law was adopted after the signing of the REF\LEG\160; which provided for the legal disappearance of the Republic. It is arguable that the Law is unconstitutional since it was adopted by a legislative body not competent to pass such legislation. Yet, only the Constitutional Court could declare it unconstitutional in order to remove it from the Bosnian legal system. Amnesty granted on the basis of this Law is recognised by the Federation authorities. Since June 1996 amnesty is granted on the basis of the REF\LEG\165; |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Article 1
Amnesty is granted to all persons who have committed, up to 14 December 1995, on the territory of Bosnia and Herzegovina:
1. The criminal acts against the bases of the social order and security of the Republic of BiH-Chapter XV and the criminal acts against Armed Forces of the Republic of BiH Chapter XX which are stipulated in the Criminal law ("Official Gazette of the Republic BiH" no: 2/92, 8/92, 10/92, 16/92 and 13/94)
2. The criminal acts of calling for the resistance to, as provided by the Article 201, the spreading of the false information, as provided by the Article 203, the unauthorised keeping of the arms and explosive materials, as provided by the Article 213 of the Criminal Law of the Republic of BiH ("Official Gazette of the SR BiH" no: 18/77, 32/84, 19/86, 40/87, 33/89, 2/90 and 24/91 and "Official Gazette of the R BiH" no: 18/92, 21/92 and 28/94), the refusing to obey the call out and the avoidance of military service by self disabling or deceiving and desertion, as provided by the Article 8 of the Law of implementation of the Criminal Law of Bosnia and Herzegovina and the Criminal Law ("Official Gazette of the R BiH" no: 6/92, 11/92 and 21/92) if this provision stipulates the punishment of those persons for a such criminal acts.
Article 2
(1)If proceedings against the persons mentioned in the Article 1 of this Law have not been initiated, the proceedings is not to be initiated.
(2)If the criminal proceedings against the persons mentioned in the Article 1 of this Law has been initiated it will be interrupted/stopped, and the order of dismissal will be made by either the judge charged with investigating the case-/ for the cases when the criminal proceedings is at the stage of investigation, or by the President of the Juidcal Council for the cases when the charges have been brought against such persons.
(3)In the cases of irrevocable decree/decree absolute for punishment of the persons mentioned in the Article 1 such a person is to be releised from the execution of punishment, if the execution of punishment have been suspended, interrupted or started such persons will be exempted from the further punishment execution.
Article 3
(1)The Decree on Amnesty Implementation as provided by the Article 2 paragraph 1 of this Law is to be made by the Competent Public Prosecutor within 3 days after this Law enters into force.
(2)The Decree on Amnesty Implementation or the Decree of Refusal the Amnesty Implementation both for the cases of irrevocable decreed persons and the persons against whom the criminal proceedings have been initiated, is to be made by the Competent Court who made the first degree sentence or by the Court that is to decide about the existing criminal proceedings, ex officio or at request of condemned/sentenced person, accused person or at the request of the persons who can, in benefit of accused person, lodge a complaint.
(3)The Decree mentioned in the paragraph 2 of this Article, is to be made by the Court and within three days after this Law enters into the force, i. e., within three days after the day of receipt of the / (an such) request.
(4)The Competent Prosecutor or the person mentioned in the paragraph 1 of this Article may lodge a complaint against the Decree mentioned in the same paragraph.
(5)A lodged complaint against the Decree on Amnesty Implementation does not prevent the execution of the Decree on Amnesty Implementation.
Article 4
The persons related to the Decree on Amnesty Implementation who have been served a sentence or have been detentioned are to be free immediately by the Court decision.
Article 5
Relating to the sending and delivery writing materials, the computation of the periods and the procedure for recovery/appeal proceedings, the provisions of the Law of Criminal Proceedings ("Official Gazette of the R BiH" no. 2/92, 9/92 and 16/93 and 13/94) as well as the provisions of the Law of the Implementation of the Law of Criminal Proceedings ("Official Gazette of the R BiH" no. 6/92,9/92 and 13/94 and 33/95) are opportunely to be applied.
Article 6
This Law enters into the force the same day following promulgation in "Official Gazette of the R BiH"
