Criminal Justice System's Response to Corruption – Who Is Being Prosecuted and for What?

Abstract

Reasons for writing and research problem: In addition to many variations in defining corruption crimes, corruption is most often described as any form of abuse of entrusted power for private gain. In criminal justice, corruption offences are “criminal offences related to official duty”, or the offences undermining proper and lawful performance of official duty. They also include offences perpetrated with intent or an intention to obtain any illegal gain, and therefore they are referred to as typical corruption offences. In light of the sanctions foreseen for these offences, it is obvious that they may be classified as serious criminal offences. The question is – how does the criminal justice system actually respond when such offences are committed?

Aims of the paper: This document examines the criminal justice system's response to typical corruption offences, in order to identify what types of offenders are being prosecuted and for what type of criminal offences.

Methodology design: For that purpose, document analysis method was applied, through which, using a custom-made record form, data were collected from 91 court cases involving 103 persons charged with typical corruption offences. 

Limitations: This research is not based on a representative sample of cases. It serves as an exploratory study, that will provide inputs for further research.

Findings: According to the results of the analysis, prosecuted and proven cases predominantly include the so-called situational or petty corruption. Vast majority of prosecuted offences are embezzlement in office, particularly its less serious forms, under which low-ranking persons in private companies acquired gain below 10,000 BAM. As a result, the offences typically prosecuted are only the obvious ones, and those registered by individuals in the private sector. 

Validity of the research: Criminal Justice System of Bosnia and Herzegovina is often criticized for having a lenient approach to fighting corruption. This paper explores the criticism.