Modern challenges in the criminal law of Bosnia and Herzegovina – expectations and reality

Abstract

In this paper, we recognize and identify contemporary challenges, problems and dilemmas faced by the criminal justice system in terms of an effective and energetic fight against crime, especially in the part related to incrimination, i.e. the prescription of new criminal offenses as well as adequate legal responses, i.e. procedural solutions in connection with the detection and proof of criminal acts. The focus of interest is primarily the adequacy of the legal norm in the context of reform processes, then the tendency to humanize modern criminal law (protection of human rights and freedoms), the development of juvenile criminal law with a special focus on the protective attitude towards minors, high-tech/cybercrime as a scourge and challenge of modern age and organized crime and corruption. Complex social relations and processes in society, both at the domestic and national level, as well as at the regional and international level, condition the real and expedient need for a timely (re)action of the legislator regarding the prescription of adequate legal solutions. The essential question is how to ensure the compatibility of the effectiveness of the criminal procedure and the tendency to protect human rights and freedoms, which is manifested through the consistent realization of the catalog of rights and universal guarantees of the suspect or accused person in the criminal procedure.