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The House of Representatives of the FBiH Parliament adopted, in a shortened procedure, the Bill on Amendments to the Criminal Code of FBiH, which amends one of the forms of the criminal offense of Receiving a reward or other benefit for trading in influence, which criminalizes illegal mediation.
The proposal, which was sent to the shortened legislative procedure by MP Elzina Perić, effectively abolishes the more severe form of this criminal offense, which criminalized situations where the perpetrator, using their official or social position, or influence, mediates the execution or non-execution of an official or other action.
The controversial proposal stipulates that it is necessary for bribery, or the promise of bribery, to be requested or received for oneself or another, in addition to mediation. In this way, the criminal zone is narrowed concerning one of the forms of trading in influence, and the legal basis for the criminal prosecution of political corruption and the most severe forms of crime is removed.
Transparency International in Bosnia and Herzegovina (TI BiH) reminds that in its report last year, the Group of States against Corruption (GRECO) welcomed the fact that the Criminal Code of FBiH prescribed a special form of trading in influence, which relates to illegal mediation. The proposal sent to the shortened procedure by MP Elzina Perić creates a danger of nullifying this achievement and regressing the legislative framework related to the fight against corruption.
- It is particularly concerning that the MPs of the House of Representatives of the FBiH Parliament, despite constantly emphasizing that they consider the fight against corruption very important, supported a proposal that abolishes the prerequisites for the criminal prosecution of corruption. Justified doubts have arisen in public that the deletion of one form of corruption offense will benefit individuals currently on trial in some of the largest cases, such as the case of Illegal Employment against Amir Zukić and others. This is because, by adopting this amendment, they will no longer be prosecuted for the offenses they are accused of.
TI BiH calls on the MPs of the House of Representatives not to adopt the controversial amendments, and MP Elzina Perić to withdraw it, but also the Government of FBiH and the Federal Ministry of Justice to warn MPs about the seriousness of the consequences that could arise from adopting amendments that actually decriminalize the more severe form of trading in influence. If these amendments were adopted, the FBiH Parliament would show that its goal is to prevent the fight against corruption - stated TI.
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