Preliminary communication

PENAL POLICY FOR CORRUPTION OFFENSES IN CANTON SARAJEVO

Darko Datzer orcid.org/0000-0002-0242-5470 ; Faculty of Criminalistics, Criminology and Security Studies,University of Sarajevo
Srđan Vujović

Abstract

The purpose of the paper is to describe the practice of courts in Canton Sarajevo (Bosnia and Herzegovina) with respect to the sanctions for corruption offenses, and to compare it to the relevant legislature. The research encompassed 89 cases (with 108 defendants) of trials for corruption at the Municipal and Cantonal court in Sarajevo, in the 2005- 2011 period. The whole population of cases was analyzed, and Sarajevo, being a big administrative center, was selected due to the nature of crimes and territorial jurisdiction of courts. Research suggests that in more than a half of analyzed cases the defendants were found guilty (N=60). In the vast majority of cases (87 %), a suspended sentence was adjudged. Unsuspended imprisonment, which was applied in eight cases, was predominantly imposed in duration of six months. In each case, the punishment was determined in duration equal to the lower bound of the sentence range, and in three (of eight) cases, punishment was mitigated. Only in four cases the security measure of prohibition to engage in a profession, activity or duty, was applied. Community service was applied in none of cases. Therefore, it seems plausible to deduce that when rendering a penalty, courts tended to be lenient. Bearing in mind that criminal law is separated from other law branches by accentuated punitivity, and that by inadequate application of punishment, the decisiveness of the whole criminal justice system declines, it is no surprise that, in the field of criminal and legal response to corruption, Bosnia and Herzegovina does not make good progress. Although criminal law is just a portion of the system of social control, it is its important and necessary part, and if not applied appropriately, may imply inadequate overall outcomes in the field of anti-corruption activities.

Keywords

corruption offenses; criminal sanctions; penal policy; purpose of punishment

Hrčak ID:

114588

URI

https://hrcak.srce.hr/114588

Publication date:

27.1.2014.

Article data in other languages: croatian

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