Court of BiH sends letter to CEC: Implement legal consequences of Dodik's verdict

(Patria) - The Court of Bosnia and Herzegovina sent a letter to the Central Election Commission (CEC) in which it once again clarified the legal consequences of the verdicts against Milorad Dodik in the case that was conducted against him for non-compliance with the decisions of the High Representative. The Court stated that Dodik, in accordance with the legal consequences of the conviction, cannot be the president of SNSD, writes Istraga.

Dodik was sentenced to one year in prison and, as a security measure, banned from holding the office of President of Republika Srpska for six years from the date the verdict became final. The CEC refused to revoke Milorad Dodik's mandate as party president.

The Court reminded the CEC that the imposed security measure, the ban from performing the duties of the President of Republika Srpska, is a criminal law sanction, just like sentences, suspended sentences, and educational measures. They state that, according to the law, all criminal law sanctions must be stated in the operative part of the verdict.

“The legal consequences of conviction prescribed by Article 203a, paragraph 5 of the Criminal Code of BiH, namely a) termination of official duty and termination of employment; c) prohibition of performing official duties in legislative, executive, judicial, administrative, or any body financed in whole or in part from public funds; and d) prohibition of acquiring official duties in legislative, executive, judicial, administrative, or any body financed in whole or in part from public funds) take effect by operation of law, upon the finality of the verdict, which means that, given that the verdict in question became final on June 12, 2025, the accused Milorad Dodik cannot perform any of the duties or jobs listed in points a), c), and d) of Article 203a, paragraph 5 of the Criminal Code of BiH, which you yourself stated in your decision of August 6, 2025,” the letter states.

The Court reminded that it had submitted the verdict against Milorad Dodik to the CEC for registration and execution of the imposed security measure and legal consequences of the conviction.

The Court adds that the legal consequences of conviction, according to Article 5 of the Criminal Code of BiH, are not criminal law sanctions, which is why they are not determined, imposed, or included in the verdict, given that they take effect automatically, i.e., by operation of law, in case the conviction for the criminal offense from Article 203.a, paragraph 1 of the Criminal Code of BiH becomes final.

It is further emphasized that Dodik was imposed the security measure of a ban from performing the duties of the President of Republika Srpska for a period of six years from the date the verdict became final, and that the legal consequences of the conviction remain in effect for the entire duration of this measure, and at most until the verdict is expunged.

“When the Court convicts an accused for a criminal offense from Article 203a, paragraph 1 of the Criminal Code of BiH and imposes a prison sentence, in that case, with the finality of the verdict, the legal consequences of such a conviction, prescribed by paragraph 5 of the aforementioned article, take effect by operation of law. The security measure of a ban from performing duties from Article 203a, paragraph 4 of the Criminal Code of BiH and the legal consequence of conviction – termination of official duty and termination of employment from Article 203a, paragraph 5 in conjunction with Article 114 of the Criminal Code of BiH (termination of performing certain jobs or functions in government bodies, business companies, or other legal entities) – substantially overlap in certain parts, but according to the law, they do not exclude each other, due to the different nature of criminal sanctions (security measures) and legal consequences of conviction,” the letter states.

The Court notes that the termination of official duty and termination of employment, as a legal consequence of conviction, refers to the termination of official duty and work or employment in a legal entity, regardless of its financing method.

Furthermore, the Court adds, according to Article 7 of the Law on Political Organizations (Official Gazette of Republika Srpska, No. 15/96, 17/02), political organizations have the status of legal entities and acquire it by registration in the register.

“Article 15 of the same Law stipulates that the register of political organizations is kept by the basic court in the seat of the higher court according to the seat of the political organization. The register, among other things, includes information on the names of authorized representatives, as well as information on other facts,” the Court states.

The letter adds that Article 18 of the SNSD Statute (from September 30, 2023), adopted based on Article 14 of the Law on Political Organizations, stipulates, among other things, that the president of SNSD is the political and executive body of SNSD and that the president of SNSD represents and acts on behalf of SNSD.

“According to Article 1 of paragraph 3 of the Criminal Code of BiH, a public official, among others, is considered to be a person ‘who performs a specific official duty with or without compensation based on authorization from the law or another regulation adopted based on the law.’ Article 34 of the Law on Political Organizations of Republika Srpska stipulates that supervision over the legality of the work of political organizations is carried out by the administrative body within the scope of its jurisdiction established by law. Considering the above, the Court reiterates that, in accordance with the aforementioned legal provisions, you should take all actions for the registration and execution of the imposed security measure and legal consequences of the conviction, in relation to the convicted Milorad Dodik,” concluded the Court of Bosnia and Herzegovina in its letter to the CEC.