Application of the Legislation Concerning the Place of Commission of the Offense and Nationality of Legal Entity / Primjena zakonodavstva u vezi sa mjestom izvršenja krivičnog djela i državljanstvom pravnog lica

Abstract

Legislations in Bosnia and Herzegovina have regulated the issues of application of the national legislation to the legal persons in accordance with the international standards and solutions that are usually applied in comparative legislation.
If a national or foreign legal person committed an offence on the Bosnia and Herzegovina territory, the perpetrator shall be subject to the national legislation (territorial principle). Legislations in Bosnia and Herzegovina are applied to the foreign legal person which pursues its registered activities in Bosnia and Herzegovina or has a registered organizational unit in BiH. In other cases, national law is applied to the legal person solely to the extent necessary for the purpose of preventing it from avoidance of responsibility for the offence committed on the territory of another state.
In resolving the issue whether the requirements for application of the national law to the national or foreign legal person are satisfied, it is necessary to follow the order of checking the fulfillment of the legally prescribed requirements. At the beginning, it is necessary to establish the place of commission of the offence (where one or more acts were committed and other constitutive elements of the particular offence exist), which value was affected by the offence and who is the victim, as well as, establish the nationality of the legal person who is the offender.