Current Issues of the Procedural Nature: Proof of Criminal Offenses and Guilt in the Criminal Proceedings of Bosnia and Herzegovina


  • Samir Karović Vanredni profesor, Pravni fakultet, Univerzitet u Travniku, BiH, zaposlen u Državnoj agenciji za istrage i zaštitu
  • Marina Simović Sekretar Ombudsmena za djecu Republike Srpske, vanredni profesor, Fakultet pravnih nauka Univerziteta „Apeiron” Banja Luka



In this paper, the authors highlighted certain issues that are directly related to the complexity of determining or proving the existence of a particular crime and guilt, taking into account the legal nature and basic specifics of criminal procedure in Bosnia and Herzegovina. Considering the legally regulated stages of criminal procedure, consistency and consistent application of the law as an imperative obligation of all criminal procedural subjects in terms of realization of criminal procedural task is aimed at proper and legal court decision which clarifies and resolves a specific criminal matter. In that sense, the authors paid special attention to the differentiation between intelligence and information on the one hand and evidence in criminal proceedings on the other, then legal collection of evidence, secrecy of the investigation as a basic precondition for effective investigation, and conduct of the hearing. During the hearing, the importance of the criminal procedure was emphasized as the central part, which by the nature of things deserves special interest.