Legal Nature and Basic Procedural Determinants of Criminal Proceedings in Bosnia and Herzegovina


  • Sadmir Karović assistant professor for the criminal law on the Faculty of Law in Travnik, employed in the State Agency for investigations and protection, Sarajevo
  • Marina M. Simović Secretary of the Ombudsman for Children of the Republika Srpska and Associate Professor at the Faculty of Law of University „Apeiron“ in Banja Luka


In this paper, the authors focus on the legal nature of criminal procedure in Bosnia and Herzegovina with special emphasis on the reform processes of criminal procedure legislation and the adoption of new legal solutions of procedural nature in the last two decades, respecting the tendency of efficiency and protection of basic human rights and freedoms. In order to efficiently conduct criminal proceedings, we recognize and identify the main and secondary subjects of criminal proceedings whose role is very important from the aspect of clarifying and resolving certain criminal matters as well as making a court decision. In that sense, the role and importance of the mentioned subjects in terms of undertaking criminal proceedings in connection with the realization of the criminal procedure task, in order to understand the legal nature, structure and course of criminal proceedings, and the realization of the catalog of legally prescribed rights of suspects and accused persons. Also, special attention is paid to the specific procedural position and status of juveniles in criminal legislation as perpetrators and injured parties in criminal proceedings, appreciating their age as a basis for differentiation and protective treatment in relation to adults.