Journal of Criminology and Criminal Law No. 1/2021

SENTENCE OF LIFE IMPRISONMENT IN THE LAW OF BOSNIA AND HERZEGOVINA AND CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Miodrag N. Simović

Constitutional Court of Bosnia and Herzegovina, Faculty of Law of the University of Banja Luka, Academy of Sciences and Arts of Bosnia and Herzegovina

Marina M. Simović

Ombudsman for Children of the Republika Srpska, Faculty of Law, University Apeiron Banja Luka

Vladimir M. Simović

Prosecutor’s Office of Bosnia and Herzegovina, Faculty of Security and Protection, Independent University in Banja Luka and Faculty of Law, University Vitez in Vitez

Received: March 7th 2021

Accepted: March 28th 2021

UDK: 343.261(497.11) 341.645.5(4)

Pages: 109-130

doi: doi.org/10.47152/rkkp.59.1.3

In the system of measures of societal reaction towards the perpetrators of criminal offences, all the modern criminal laws, including the new legislation of Bosnia and Herzegovina, recognise sentences in the first place. They are the main types of criminal sanctions whose purpose can be achieved to the fullest, and that is the protection of society and social goods from all forms and types of injury and threat caused by the commission of criminal offences. Given that in the structure of criminal offences occur those with serious consequences, violating the highest social values, committed with a severe form of guilt by a repeat offender, in concurrence or by a group or organised crime group, it is logical that all penal systems recognise the harshest sentence - longterm or life imprisonment - especially after the abolition of the death sentence - capital punishment, for the severest forms of crimes. The paper analyses issues related to the harshest sentence, long-term, or life imprisonment in Bosnia and Herzegovina, with the special emphasis on the European Court of Human Rights case law.

KEY WORDS: criminal offence, sentence, prison, long-term imprisonment, court.

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