Court deadlines do not cease to run during a state of emergency for domestic violence and offenses against human health

SARAJEVO, (Patria) - The FBiH Government declared a state of emergency on March 16, and it was necessary to enable the functioning of the judiciary and responsibly approach overcoming the current situation, said the Secretary of the Federal Ministry of Justice, Ajša Softić, at today's press conference.

"Work began on drafting a Law regulating the legal framework in court proceedings during a state of emergency. This law stipulates the approach related to the application of deadlines in all court proceedings during a state of emergency," she added.

According to her, Article 1 of this law stipulates the procedure regarding the application of deadlines in order to protect human health and ensure the functioning of all parties in the proceedings.

"This creates a legal basis for protecting the rights and obligations of the parties in the proceedings, by stipulating that deadlines do not run during a state of emergency, except in urgent cases," explained Softić.

She adds that Article 2 stipulates that deadlines for filing lawsuits in civil proceedings, proposals for filing non-litigation submissions, and enforcement proceedings and other submissions related to deadlines, cease to run during a state of emergency, except in urgent proceedings.

Article 3 stipulates that deadlines cease to run in criminal and misdemeanor matters, except for urgent cases.

Proceedings for criminal offenses for which deadlines do not cease to run during a state of emergency include domestic violence, transmission of infectious diseases, failure to comply with health measures during an epidemic, and serious offenses against human health.

Deadlines do not cease to apply to criminal offenses where there is a risk of statute of limitations.

"Urgent proceedings in misdemeanor cases are considered proceedings carried out during a state of emergency and related to the state of emergency," stated Softić.