Ministry of Justice of Bosnia and Herzegovina is the central coordinating body in the field of judiciary in Bosnia and Herzegovina. Ministry is competent for drafting of proposals of laws and sub-law acts and other regulations at the state level, efficient administrative functioning of the judicial bodies of Bosnia and Herzegovina, and cooperation with international criminal courts.
Drafting of proposals of laws and sub-law acts
Ministry of Justice of BiH is competent for drafting, interpreting and monitoring of the application of the regulations in the field of judiciary at the state level. In order to ensure more efficient judicial system, the Ministry prepares the adequate legal solutions in compliance to the needs of practice and European standards, and provides expert opinions on the drafts of laws and sub-law acts.
As it is necessary to remove the noticed legal obstacles in the process of the reform of judiciary, the Ministry constantly monitors and prepares the numerous amendments to the laws, especially the Criminal Procedure Code of BiH (“Official Gazette of BiH”, no. 36/03), Criminal Code of BiH (“Official Gazette of BiH”, no. 37/03)...
Consultations in Writing of the Legal Regulations
During the preparation of proposals of laws, sub-law acts and other regulations, the Ministry ensures full participation of the public. By conducting different kinds of public consultations, and according to the Rules of Consultations in Writing of the Legal Regulations of the Council of Ministers of BiH the participation of the public in writing of the legal regulations is regulated by the state ministries. Ministry of Justice of BiH is the first state authority that completely follows Public consultations in drafting of laws, sub-law acts and other legal regulations which are important for the public.
Judicial Bodies at the State Level
Ministry of Justice of BiH ensures the legal conditions for the work of the judiciary institutions at the state level: Court of BiH, Prosecutor’s office of BiH, High Judiciary and Prosecutors Council and Public Attorney’s Office of BiH. Beside the laws for establishing of the judiciary institutions (Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor’s Office of Bosnia and Herzegovina, Law on High Judiciary and Prosecutors Council of Bosnia and Herzegovina аnd Law on Public Attorney’s Office of Bosnia and Herzegovinа) the Ministry is also competent for drafting of process and material laws in criminal and civil area at the state level.
International Courts and Arbitrations
Ministry of Justice of BiH is authorized for cooperation of Bosnia and Herzegovina and International Criminal Tribunal for Foreign Yugoslavia and International Court of Justice, and other international institutions. The cooperation includes writing and normative defining of the appropriate regulation from this field /Law on the Transfer of Cases from the International Criminal Tribunal for the Foreign Yugoslavia (“Official Gazette of BiH”, no. 61/04)/ and preparation of the periodical reports, information and opinions. The Ministry harmonizes and directs the activities of coordination with international courts, including the monitoring of implementation of rights and obligations that derive from the relevant international obligations and it actively participates at all important international meetings.
Solving of the Unsolved Court Cases
Ministry of Justice of BiH has a mandate of the leading coordinating authority in solving the problem of large number of unsolved cases. At the moment, the activities of proposing the concrete solutions are in progress and they are supposed to remove the obstacles in establishing the efficient judiciary in Bosnia and Herzegovina. In cooperation with the High Judicial and Prosecutorial Council of BiH, the Action plan for reducing the number of unsolved cases was made, which, among the rest, foresees the establishing of the Coordination Committee and working groups with the task of solving about two million of unsolved cases…
Ministry of Justice of BiH actively participates in writing the Strategy for processing of war crimes cases.
Central Data Base
According to the Criminal Procedure Codes, all courts in Bosnia and Herzegovina are obliged to, without any delay, deliver to the Ministry of Justice of Bosnia and Herzegovina all final and legally binding verdicts for criminal offences:
- Making of false money and bringing it into circulation,
- Illicit producing, processing and selling of narcotic drugs and poisons,
- Human Trafficking,
- Producing and distributing of pornography files, as well as other criminal offences for which is prescribed the centralized database by International Agreements
Centralization of data presents extremely useful and important instrument of overview and analyses of the solved cases, and it can be used for different needs of the competent institutions.
Court Police
Ministry of Justice of Bosnia and Herzegovina is competent for the work of Court Police at the state level. According to the Law on Court police of BiH the court police provides assistance to the Court of BiH and the Prosecutor’s Office of BiH in executing the orders of the Court for the forcedly bringing of the accused persons and witnesses, escorting the convicted persons to the penitentiary institutions, maintaining the order in courtrooms, securing the judges and employees of the Court and Prosecutor’s Office, and internal securing of the Complex of judicial institutions. The court police execute the orders of the Court for extradition, as well as other orders that ensure successful conduction of the court procedures.
The Court police at the state level currently has 48 authorized court policemen, who work in accordance to the Law and related Rulebooks, such us /Rulebook on official secret of the officials and employees of the Court police of Bosnia and Herzegovina (“Official Gazette of BiH”, no. 89/07/ and other Rulebooks that regulate the work of the Court Police of Bosnia and Herzegovina.
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