This paper critiques the status of law-making in Bosnia and Herzegovina in the course of its transition to new policies and institutions of government and crime control.
The transition has been marked by new legislation and the reorganization of existing or the establishment of new government bodies. Some laws, such as the Law on Criminal Procedure, have struck a new direction for processing criminal cases. Other laws, such as the Criminal Code have undergone only minor changes. The roles and responsibilities of police forces, prosecutors, the courts, and legal practitioners have been reformed in terms of organization and function. A number of law enforcement bodies have been established to perform specialized enforcement functions. These include judicial police to provide security services for the courts, the State Border Service to control borders, the financial police to address complex economic crimes, an enforcement agency for tax administration, and the military police. Although these bodies provide needed specialized enforcement services, the coordination and cooperation of these agencies has been weak. Local administrative districts have developed their own criminal codes, which undermines uniformity in defining crimes throughout the country. Overall, there is inconsistency in crime control policies and practices due to the lack of a centralized, comprehensive plan for the development of criminal justice policies and institutions. This has allowed the emergence of organized criminal enterprises such as drug trafficking, trafficking in persons, murders, and fraud. 28 notes and 35 references
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