DNA Analysis in Criminal Justice System of Bosnia and Herzegovina: Advantages and Deficiencies in Regard to Existing Practice in Europe

Abstract

The aim of this paper is to present the DNA typing in criminal justice of Bosnia and Herzegovina, and its positioning in regard to the DNA typing in EU member states and states in the region. Within the modern forensic aspect, DNA analysis is considered as one of the most effective weapons in the fight against crime. Therefore, this issue has to be properly regulated by law, as well as all preconditions for the establishment of forensic DNA database. Nevertheless, this database has to be created, in order to achieve the maximum level of potential DNA analysis in criminal justice system in Bosnia and Herzegovina. In other words, inadequate legislation and lack of DNA database present the biggest problems in the system of forensic DNA testing in Bosnia and Herzegovina. Accordingly, primary objective of this paper is to point out these deficiencies and analyze their impact on the DNA testing practice. Also, the intention of this paper is to present the results of the research that consisted of two parts The first part involves analysis of court sentences in order to determine frequency of using DNA evidences in courts of Bosnia and Herzegovina, while the second part involves interviewing Bosnian DNA experts, with the aim to highlight the deficiencies in the legislation that disables reaching the maximum level of DNA analysis in criminal investigations. We argue that criminal justice system of Bosnia and Herzegovina needs obligatory modifications of existing and adoption of new laws that deal with the issue of application of DNA analysis, and establishment of professional control bodies at the state level.