Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Article 217

Accepting Gifts and Other Forms of Benefits

(1) An official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person or who accepts a promise of a gift or a benefit for himself or another person in order to perform within the scope of his official function an act, which ought not to be performed by him, or for the omission of an act, which ought to be performed by him or whoever mediates in such bribing of an official or responsible person, shall be punished by imprisonment for a term between one and ten years.

(2) An official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person or who accepts a promise of a gift or a benefit for himself or another person in order to perform within the scope of his official function an act, which ought to be performed by him, or for the omission of an act, which ought not to be performed by him or whoever mediates in such bribing of an official or responsible person, shall be punished by imprisonment for a term between six months and five years.

(3) The punishment referred to in paragraph 1 of this Article shall be imposed on an official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, who demands or accepts a gift or any other benefit for himself or another person following the performance or omission of an official act referred to in paragraphs 1 and 2 of this Article and in relation to it.

(4) The gifts or any other benefits shall be forfeited.

Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Article 218

Giving Gifts and Other Forms of Benefits

(1) Whoever gives or promises a gift or any other gain for him/herself or another person to an official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, in order that he performs within the scope of his official function of an act, which ought not to be performed by him, or abstains from performing of an act which ought to be performed by him, or whoever mediates in such bribing of the official or responsible person, shall be punished by imprisonment for a term between six months and five years.

(2 )The perpetrator of the criminal offence referred to in paragraph 1 and 2 of this Article who had given a bribe on request of the official, arbiter, juror, judge or responsible person in the institutions of Bosnia and Herzegovina including also a foreign official person or an international official, but reported the deed before it being discovered or before knowing that the deed has been discovered, may be released from punishment.

(3) The gifts or any other benefits shall be forfeited, while in case referred to in paragraph 3 of this Article, they can be returned to the giver.

Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Article 219

Illegal Interceding

(1) Whoever accepts a reward or any other benefit for interceding that an official act be or not be performed, taking advantage of his official or influential position in the institutions of Bosnia and Herzegovina, shall be punished by a fine or imprisonment for a term not exceeding three years.

(2) Whoever by taking advantage of his official or influential position in the institutions of Bosnia and Herzegovina, intercedes that an official act be performed, which ought not to be performed, or that an official act be not performed, which ought to be performed, shall be punished by imprisonment for a term between six months and five years.

(3) If a reward or any other benefit has been received in return for the criminal offence referred to in paragraph 2 of this Article, the perpetrator shall be punished by imprisonment for a term between one and ten years.

(4) Any received reward or some other benefit shall be confiscated.

Chapter 19 Criminal Offences of Corruption and Criminal Offences against Official Duty or Other Responsible Duty

Accepting Reward or other Form of Benefit for Illegal Interceding

Article 219

(1) Whoever indirectly or directly requests or receives or accepts a reward or any other benefit or a promise of a reward or any other benefit for him/herself or another, taking advantage of his/her realistic or assumed official or social or influential position or any other status, intercedes that an official or responsible person in the institutions of Bosnia and Herzegovina or a foreign official person or international official or arbiter or juror judge that an official or any other action be or not be performed, shall be punished by imprisonment from six months to five years.

(2) Whoever mediates by using his/her official or influential position or other status that an official or responsible person in the institutions of Bosnia and Herzegovina or a foreign official person or international official or arbiter or juror judge that an official or any other action be or not be performed, shall be punished by imprisonment from one to eight years.

(3) If the perpetrator has requested or received or accepted a reward or other form of benefit for him/herself or another for commission of a crime referred to in paragraph (2) of this Article, he/she shall be punished by imprisonment from one to ten years.

(4) Any received reward or other benefit shall be confiscated.

Chapter 19 Criminal Offences of Corruption and Criminal Offences Against Official Duty or Other Responsible Duty

Article 219a

Offering Reward or other form of Benefit for Illegal Interceding Article 219a.

(1) Whoever indirectly or directly gives or offers or promises a reward or any other benefit to a person with official or social or influential position or any other status to intercede that an official or responsible person in the institutions of Bosnia and Herzegovina or a foreign official person or international official or arbiter or juror judge that official or any other action is performed or not performed, shall be punished by imprisonment from six months to five years.

(2) Whoever indirectly or directly, at a request of a person with official or social or influential position or any other status, commits a crime referred to in paragraph (1) of this Article and reports a crime before it is being revealed or before knowing that the crime has been revealed may be exonerated of punishment.

(3) Any received reward or some other benefit shall be confiscated whereas in situation referred to in paragraph (2) of this Article it may be returned to the person who gave the reward or any other benefit.

Chapter 20 Criminal Offences Against Administration of Justice

Article 235

Giving False Statements

(1) A witness, expert witness, translator or interpreter who makes a false statement in court, minor offence, administrative or disciplinary proceedings before the institutions of Bosnia and Herzegovina,
shall be punished by a fine or imprisonment for a term not exceeding three years.

(2) The punishment referred to in paragraph 1 of this Article shall be imposed on whoever gives false testimony in presentation of evidence by hearing a party in a civil action or administrative proceedings before the institutions of Bosnia and Herzegovina, if the decision is based on such testimony.

(3) If the false statement has been made in the course of criminal procedure, the perpetrator shall be punished by imprisonment for a term between six months and five years.

(4) If particularly grave consequences for the accused occur as a result of the criminal offence referred to in paragraph 3 of this Article, the perpetrator shall be punished by imprisonment for a term between one and ten years.

(5) If the perpetrator voluntarily withdraws his false statement before the final decision has been made, he shall be punished by a fine or imprisonment for a term not exceeding six months, but may be released from punishment.

Chapter 20 Criminal Offences Against Administration of Justice

Article 241

Obstruction of Justice

a) Whoever uses physical force, threats or intimidation or the promise, offering or giving of undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a criminal proceedings conducted pursuant to the law of Bosnia and Herzegovina,
shall be punished by imprisonment for a term between one and ten years.

b) Whoever uses physical force, threats or intimidation to interfere with the exercise of official duties by a judge, prosecutor or law enforcement official person in relation to a criminal proceedings conducted pursuant to the law of Bosnia and Herzegovina, shall be punished by imprisonment for a term between one and ten years not less than three years.

Chapter 20 Criminal Offences Against Administration of Justice

Article 241a

Obstructing an Official Person in Execution of Official Duty

(1) Whoever, by force or threat of immediate use of force, prevents an official person in the institutions of Bosnia and Herzegovina from performing an official act falling within the scope of his authority or, by using the same means, coerces him to perform an official act, shall be punished by imprisonment for a term between three months and three years.

(2) If, by the criminal offense referred to in paragraph (1) of this Article, the official person is maltreated or a minor bodily injury is inflicted upon him, or the criminal offense has been perpetrated by threatening to use weapons, the perpetrator shall be punished by imprisonment for a term between six months and five years.

(3) Whoever perpetrates the criminal offense referred to in paragraphs (1) and (2) of this Article against an official person carrying out the work related to the security of Bosnia and Herzegovina, to the apprehension of perpetrators of criminal offenses or to the guarding of confined persons, shall be punished by imprisonment for a term between one and ten years.

(4) If the perpetrator of the criminal offense referred to in paragraphs (1) through (3) of this Article has been provoked by illegal or rude treatment on the part of the official person, he may be relieved of punishment.

Chapter 20 Criminal Offences Against Administration of Justice

Article 241b

Attack against an Official Person while Carrying out Security Work, Discovering or Apprehending Perpetrators of Criminal Offenses

(1) Whoever attacks or seriously threatens to attack an official person of the institutions of Bosnia and Herzegovina or a person who assists an official person in carrying out work related to the security of Bosnia and Herzegovina, discovering or apprehending perpetrators of criminal offenses or to the guarding of confined persons, shall be punished by imprisonment for a term of between three months and three years.

(2) If, by the criminal offense referred to in paragraph (1) of this Article, a minor bodily injury is inflicted upon the official person or upon the person who assists him, or if the criminal offense referred to in paragraph (1) of this Article is perpetrated with the threat to use weapons, the perpetrator shall be punished by imprisonment for a term between six months and five years.

(3) If, by the criminal offense referred to in paragraph (1) of this Article, a serious bodily injury is inflicted upon the official person or upon the person who assists him, the perpetrator shall be punished by imprisonment for a term between one and ten years.

(4) If the perpetrator of the criminal offense referred to in paragraphs (1) through (3) of this Article has been provoked by illegal or rude treatment on the part of the official person or the person who assists him, he may be relieved of punishment.