< < >

2009 | OSCE Report: Reasoning in War Crimes Judgments in Bosnia and Herzegovina. Challenges and Good Practices

The commentary to domestic criminal procedure of BiH requires that decisions on secondary issues of the criminal proceedings be reasoned. Such secondary decisions encompass those on property claims by injured parties and requesting material or non-material compensation from the accused in the context of the criminal proceedings. In connection to compensation claims, domestic law provide that the prosecutor should investigate and that the court is obliged to rule on such requests in the context of the criminal trial, unless doing so would unduly prolong the proceedings.

However, this report recalls that it has already been noted many times that the courts persist in referring injured parties to civil proceedings for the purpose of claim compensation. They do so every time with standard reasoning: they assert that establishing facts on the amount of claims under property law would obviously require a lot of time, which would prolong the criminal proceedings. The report suggests that this reasoning is unconvincing and does not fulfill the requirement of a reasoned decision.