Assessment of Compliance of the Criminal Codes in Bosnia and Herzegovina With the Council of Europe Cybercrime Convention

Abstract

Inspiration for the Paper and Issue(s) Addressed: The inspiration for this work is to evaluate directly and indirectly applicable legislation in Bosnia and Herzegovina regarding one of the most serious and the fastest growing threats in the modern world.

Aims of the Paper (scientific and/or social): The aim of the Paper is to provide analysis of compliance with the Convention.

Methodology/Design: This research is descriptive and partly comparative. Basic information about the Convention are provided prior to undertaking a detailed analysis of relevant legislation in Bosnia and Herzegovina.

Research Limitations/Paper: There are no particular limitations.

Results/Findings: The influence of the CoE Cyber Convention and considerable efforts to follow its standards are obvious. However, discrepancies and gaps are identified as well as differences between the laws in two entities.

General Conclusion: A specific problem of Bosnia and Herzegovina is the fact that there are various superfluous legislative inconsistencies in the different parts of the country due to its complex constitutional structure.

Research/Paper Justification: This assessment might be of particular importance since the Council of Europe, surprisingly, has made very limited efforts to critically evaluate legislation of the parties to the Convention, especially of the substantive criminal law provisions.