The Framework of Criminal Law

Legislation on Bias-motivated Violence

Bias-motivated Violent Crimes as Specific Offenses	Bias as an Express General Aggravating Factor	Bias as an Aggravating Factor in Specific Common Crimes
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Bias Types Covered by Provisions on Aggravating Circumstances

Race/National Origin/Ethnicity	Religion	Sexual Orientation	Gender	Disability	Other
X	X

The Criminal Code of Bosnia and Herzegovina, which entered into force August 1, 2003, does not contain general provisions that explicitly enable racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.[1]

Bias as an Aggravating Factor in Specific Common Crimes

The Criminal Code does, however, contain provisions for enhanced penalties in the specific cases of murder, grievous bodily harm, and murder.

Article 166(1) punishes murder “by imprisonment for a minimum term of five years,” where article 166(2) stipulates that murder committed on “racial, national, or religious grounds” is punishable by a minimum term of ten years imprisonment.

Article 172 provides for punishment of between six months to 5 years imprisonment for acts constituting “grievous bodily harm.” Those same acts, committed on “racial, national, or religious grounds,” are punishable by a sentence of one to ten years.

Article 203 provides for punishment of between one to ten years imprisonment for “rape.” Those same acts, committed with “racial, national, or religious grounds” are punishable by imprisonment of between three and fifteen years.[2]

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[1] Criminal Code of the Federation of Bosnia and Herzegovina, Legislationline, OSCE/ODIHR, available at: http://www.legislationline.org/topics/country/40/topic/4.

[2] Criminal Code of the Federation of Bosnia and Herzegovina, Legislationline, OSCE/ODIHR, available at: http://www.legislationline.org/topics/country/40/topic/4.