Efendić and Lukić Seek Amendment to FBiH Criminal Code: Prison Sentence Cannot Be Commuted to a Fine for Crimes Against Sexual Freedom and Morality

(Patria) - Federal MP Adnan Efendić and delegate in the House of Peoples of the Parliament of FBiH Saša Lukić have submitted to the parliamentary procedure an initiative to amend provisions of the Criminal Code of the Federation of BiH which would prevent the commutation of a prison sentence to a fine in cases of crimes against sexual freedom and morality.

According to the document they sent to the Parliament of the Federation of BiH, which was drafted in consultation with attorney Adela Duraković, Article 43a of the Criminal Code of FBiH would be supplemented with paragraph 4, which would read: An imposed prison sentence of up to one year cannot be commuted to a fine for the criminal offenses prescribed in Chapter Nineteen – Criminal offenses against sexual freedom and morality.

Among these criminal offenses are rape, sexual intercourse with a helpless person, sexual intercourse by abuse of position, coercion to sexual intercourse, sexual intercourse with a child, lewd acts (attempt), gratification of lust in front of a child or minor, inducement to prostitution, human trafficking, organized human trafficking, exploitation of a child or minor for pornography, introducing a child to pornography, incest.

These are criminal offenses directed against sexual freedom, personal integrity, restriction of freedom of choice, and the perpetrators exploit subordination, physical weaknesses, emotional immaturity, helplessness of persons, which makes them absolutely immoral and causes particular public concern.

"Given the prescribed penalty for these criminal offenses, it must not be allowed, even if the court imposes a prison sentence of up to one year, for it to be replaced by a fine. On the contrary, such a possibility encourages every perpetrator of this criminal offense to commit it again, and not to be adequately punished (by imprisonment), and to enjoy the freedom they denied to the person against whom this criminal offense was committed.

Replacing the imposed prison sentence with a fine for these criminal offenses also encourages other potential perpetrators of such criminal offenses to commit them. Conversely, the victim of such criminal offenses, who has been exploited, damaged both physically and emotionally, and traumatized, does not receive the necessary satisfaction of justice (at least minimal), but is further humiliated and shamed, because the perpetrator still feels superior and untouchable, and a clear message is sent to other victims that they should not report such criminal offenses, because not even the minimal part of justice is satisfied," the explanation states.