RS CC rejects request of Bosniak People's Caucus regarding the changes to Criminal Code

Before the session of the Joint Commission, the RS Council of Peoples did not reach an agreement

Ustavni sud RS. Fena


The Council for the Protection of Vital Interest of the Constitutional Court of the Republika Srpska decided today on the issue of admissibility of the request of the Bosniak People's caucus in the Council of Peoples of the RS to determine the violation of the vital national interest of the constituent Bosniak people in the Law on Amendments to the Criminal of the Code of the RS, which was voted by the RS National Assembly on July 20 of this year.

When deciding on the admissibility of this request, the Council determined that it is not admissible because it does not contain legal arguments in terms of the relevant norms and guarantees of the RS Constitution on the protection of the vital national interests of the constituent peoples, but the applicant in the specific case primarily points to a violation of state attributes of Bosnia and Herzegovina, as well as a possible violation of the Constitution of Bosnia and Herzegovina, announced the RS Constitutional Court.

Did not reach an agreement

This issue was sent to the RS Constitutional Court after an earlier agreement was not reached at the session of the Joint Commission of the RS National Assembly and the RS Council of Peoples to harmonize laws, regulations and acts.

Before the session of the Joint Commission, the RS Council of Peoples did not reach an agreement regarding the mentioned law, which criminalizes defamation, that is, it did not accept the Bosniak People’s Caucus amendment to this law.

The amendment provided for the deletion of Article 8 of the Law, which represents the introduction of new criminal offenses against honor and reputation, which criminalizes defamation and introduces harsher penalties.

Negative reactions from journalists

President of the Bosniak People's caucus in the RS Council of the People, Alija Tabaković, previously told FENA that this law will probably be supported by the RS Constitutional Court since the Constitutional Court has so far shown in practice that it implements the politics of the ruling parliamentary majority.

- What the National Assembly adopts, the Constitutional Court also accepts - said Tabaković at the time.

Ever since the Government of the RS established such a draft law, and even after it was adopted in the RSNA, there have been criticisms and negative reactions from journalists, the domestic public, and international organizations.