No investigation against assembly deputies and SDP BiH president based on Vujović and Tulumović's report

SARAJEVO, (Patria) - The Cantonal Prosecutor's Office of Tuzla Canton has decided not to investigate seven deputies of the Tuzla Canton Assembly from various political parties and the president of SDP BiH for the criminal offense of attacking the constitutional order of FBiH and establishing an association or obtaining means for committing criminal offenses against the constitutional order of FBiH, because it is evident from the report, collected evidence, and accompanying files that the reported offenses are not criminal offenses.

This case was formed based on a criminal report filed on December 31, 2020, by the then-President of the TK Assembly, Žarko Vujović, and the Prime Minister of the TK Government, Denijal Tulumović.

We remind you that this report relates to the events of December 31, 2020, when 18 deputies of the TK Assembly held a parallel session and other circumstances surrounding these events.

After hearing a larger number of persons as witnesses and analyzing all the material evidence obtained, this Prosecutor's Office determined that there are no elements of the criminal offense of attacking the constitutional order or other criminal offenses against the constitutional order, because Article 149 of the Criminal Code of FBiH defines this offense as committed only if the constitutional order of the Federation is attempted to be changed or its highest institutions are overthrown by the use of physical force or the threat of using physical force.

In this specific case, there was no use or legally relevant threat of using any physical force to change the constitutional order.

Regarding this criminal offense, the prohibited behavior has the form of a clear, concrete, and precise legal description, so intentions, plans, and various forms of political action that lack the dimension of physical violence remain outside the scope of criminal prosecution.

If there is no physical violence or threat of physical violence, there is no criminal offense of attacking the constitutional order of FBiH under the aforementioned article of the Criminal Code of FBiH.

This decision not to conduct an investigation does not cover the part of the criminal report against the same assembly deputies by the same complainants, which relates to the criminal offenses of abuse of position and authority, negligent work in service, and other reported offenses.

That part of the report is in the verification phase and in the process of analyzing the obtained evidence, and no prosecutorial decision has been made.

Also, the criminal report filed by seven assembly deputies against the then-President of the TK Assembly and the Prime Minister of the TK Government for several criminal offenses related to the same events is also under verification, and no prosecutorial decision has been made on this report.