Members of the FBiH Parliament supported a proposal preventing the anti-corruption fight

It is particularly concerning that the members of the House of Representatives of the FBiH Parliament, despite constantly emphasizing that they consider the anti-corruption fight very important, supported a proposal that abolishes assumptions for the criminal prosecution of corruption.

Banjaluka, 21st June 2018 –  The House of Representatives of FBiH Parliament adopted in summary procedure the Draft Law on Amendments to theFBiH Criminal Code that alters one of the forms of criminal offense Reception of the award or other form of benefit for trading in influence, which has criminalized illegal mediation. This proposal, submitted to the summary procedure by MP Elzina Peric, actually erases serious form of this criminal offense, and criminalizes the situation when the perpetrator, using his official or social position, or influence, mediates to execute or prevent from execution certain official or other act. The controversial proposal prescribes necessary to request or receive a bribe, or a promise of a bribe for yourself or somebody else, for the act of mediation. In this way the criminal zone related to the one of the forms of trading in influence is narrowed, and the legal basis for criminal prosecution of political corruption and the most serious forms of crime is eliminated.

Transparency International in BiH (TI BiH) reminds you that the Group of States against Corruption (GRECO) in its Report last year, welcomed the fact that FBiH prescribed special form of trading in influence related to the illegal mediation. This proposal, submitted to the summary procedure by MP Elzina Peric, creates the danger to destroy this achievement and to reverse legislative framework concerning the anti-corruption fight. It is particularly concerning that the members of the House of Representatives of the FBiH Parliament, despite constantly emphasizing that they consider the anti-corruption fight very important, supported a proposal that abolishes assumptions for the criminal prosecution of corruption. The public started having reasonable doubts that the deletion of such form of criminal offense will be good for persons currently being prosecuted in some of the most serious cases, such as Illegal employments against Amir Zukic and others, since the adoption of this amendment will prevent the prosecution of persons accused of being responsible for criminal offenses.

TI BiH urges the MPs of the House of Representatives not to adopt the controversial amendments, and MP Elzina Peric to withdraw her proposal, but it also invites the Government of the FBiH and the Federal Ministry of Justice to warn the MPs on the seriousness of the consequences that could result from adopting the amendments that actually criminalize serious form of trading in influence. If this amendment was adopted, the FBiH Parliament would show that its aim was to prevent the anti-corruption fight.