Law in Procedure: Penalty up to 4 Years for denying Genocide!

March 30, 2016 6:30 PM

GenocideThe caucus of delegates of the Social Democratic Party (SDP) BiH referred to the parliamentary procedure the Proposal of the Law on the prohibition of public denial, minimizing, justification or approval of the Holocaust, genocide, and crimes against humanity.

The Proposal of the law states that the Holocaust is defined as a crime of genocide and a crime against humanity committed by the German Nazi regime during the Second World War, which is recognized as such by final and binding decisions or judgments of the International Military Tribunal established by the London Agreement of August 8, 1945.

Genocide is designated as a crime defined by the article II of the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948 and recognized as such by final and binding decisions or judgments of the International Court of Justice and any other international court established by relevant international mechanisms whose jurisdiction was recognized by Bosnia and Herzegovina or the Court of Bosnia and Herzegovina.

Crime against humanity is defined as such by international law and recognized by final and binding decisions or judgments of the International Court of Justice and any other international court established by relevant international mechanisms whose jurisdiction was recognized by Bosnia and Herzegovina or the Court of Bosnia and Herzegovina.

In this context, public denial is any statement, action or activity as well as any oral, written, audio, visual or electronic material that, regardless of the form or the manner of presenting or dissemination, denies the Holocaust, a crime of genocide or a crime against humanity.

Minimizing is any action and activity, especially any oral, written, audio, visual or electronic material, regardless of the form or the manner of presentation or dissemination, by which the Holocaust, a crime of genocide or a crime against humanity are minimized, trivialized or embellished with the aim of diminishing the number of victims or with the intention to present these crimes as an event or a set of events with positive, beneficial or acceptable characteristics and outcome.

The Proposal of the Law foresees a prison sentence between eight days and three years or a financial penalty between 1.000 BAM and 10.000 BAM for everyone who publicly denies, minimizes, justifies or approves the Holocaust, a crime of genocide or a crime against humanity. If the offender is a person in the capacity of a civil servant or if the offense is committed through the abuse of position or authority or if the offense resulted in riots, violence or other grave consequences for the life of the citizens of BiH, the penalty is prison sentence between six months and three years or financial penalty amounting between 5.000 BAM and 10.000 BAM.

Those who distribute or make the materials that publicly deny, minimize, justify and approve the Holocaust, a crime of genocide or a crime against humanity public through computer, media, electronic or any other system, will be punished with up to three years in prison or financial penalty ranging between 1.000 BAM and 10.000 BAM. If the offender is in the capacity of a civil servant, the punishment is prison sentence between six months and three years or financial penalty between 5.000 BAM and 10.000 BAM.

Similar penalties are foreseen for the denial of judgments. Therefore, the Proposal states that anyone who denies the judgments by the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia is committing a criminal offense punishable with a prison sentence lasting up to three years or financial penalty amounting to between 1.000 BAM and 10.000 BAM. If the judgment is denied by a civil servant, the punishment is prison sentence between six months and three years and financial penalty ranging between 5.000 BAM and 10.000 BAM.

Multiple perpetrators of this criminal offense will be punished with a prison sentence lasting between six months and four years or financial penalty amounting between 5.000 BAM and 10.000 BAM.

(Source: klix.ba)

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