Prosecutor's Office of Bosnia and Herzegovina

The Prosecutor’s Office of Bosnia and Herzegovina (Bosnian: Tužilaštvo Bosne i Hercegovine, Croatian: Tužiteljstvo Bosne i Hercegovine, Serbian: Тужилаштво Босне и Херцеговине; abbreviated as the Prosecutor’s Office of BiH in English) is a domestic prosecutor of the State of Bosnia and Herzegovina which includes international prosecutors. It was established in October 2002 by the Parliament of Bosnia and Herzegovina with the Law on the Court of BiH and promulgated on August 2002 by the High Representative for Bosnia and Herzegovina.

In October 2003 the Parliament of Bosnia and Herzegovina adopted the Law on the Prosecutor’s Office of Bosnia and Herzegovina which was enacted by the Decision of the High Representatives of Bosnia and Herzegovina issued in August 2002. The fist four National Prosecutors were appointed for their positions in the Prosecutor’s Office of Bosnia and Herzegovina on 16 January 2002. The first International Prosecutor in the Special Department for Organised Crime, Economic Crime and Corruption within the Prosecutor’s Office was appointed by the High Representative in March 2003.

Announcing the Completion Strategy of the International Criminal Tribunal for the Former Yugoslavia in 2003 it was obvious that the Court of Bosnia and Herzegovina and the Prosecutor’s Office of Bosnia and Herzegovina should have a jurisdiction over the prosecution of war crimes and they should take over the war crime cases from the Hague Tribunal. Therefore, in 2004 a set of legal acts was drafted and it was adopted by the BiH Parliament in December 2004. In January 2005 the third department, the War Crimes Department, was established within the Prosecutor’s Office of Bosnia and Herzegovina which prosecutes war crime cases.

The Constitution of Bosnia and Herzegovina stipulates jurisdiction of the Prosecutor’s Offices at the entity levels whereas the Prosecutor’s Office of Bosnia and Herzegovina was additionally established as an institution with special jurisdiction for proceedings before the Court of Bosnia and Herzegovina against crimes stipulated by the Law on the Court of BiH, Law on Prosecutor’s Office of BiH, Crininal Code of BiH, Criminal Procedure Code of BiH, Law on Transfer of Cases from the International Criminal Tribunal for the Former Yugoslavia to the Prosecutor’s Office of BiH.

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