CRIMINALIZATION OF SEXUAL HARASSMENT IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF SRPSKA

Abstract

Ever since the introduction of the Republika Srpska of the criminal offense of Sexual Harassment (Article 170) in the Criminal Code and its amendments from 2017, there was an expert and scientific debate on the need and manner of incrimination of this behavior in criminal law. This is particularly expressed with regard to the fact that even in the specific international legal basis for this incrimination, namely the Istanbul Convention (2011), the necessity of criminal incrimination of sexual harassment as a criminal offense is not explicitly stated. On the other hand, the introduction of the new criminal offense – sexual harassment cannot be considered wrong. The question is how to criminalize behaviors that are considered sexual harassment, while at the same time making a clear distinction to behaviors that do not constitute a crime. In particular, the problem is reflected in the development of a norm that will be adequately applicable in judicial practice, which will achieve the purpose of punishment, manifested in both special and general prevention of sexual harassment. The subject of this paper was just mentioned, which is why we analyzed the existing international legal framework and harmonization with domestic legislation in this area.