Conference Proceedings: Conference on Hate Crimes in South-East Europe,
Sarajevo, 8 November 2016
and Hate Speech
established in 2013 in advocating for adoption of hate crimes
amendments to criminal codes in BiH (Vasić, 2015).
In their general sentencing rules, the criminal codes of BDBiH and RS
provide for hate as aggravating circumstance for those crimes for which hatred
as aggravating form of the underlying offence has not been prescribed.
FBiH contains the same provision, but under Article 2, Paragraph (11) where
denition of hate crime is provided for.
The Criminal Code of BDBiH provides denition of hatred, while CCs RS
and FBiH denition of hate crimes. The CC BDBiH denes hate as a “motive for
commission of a crime provided for by this Law, which is entirely or in part based on
differences on the grounds of an actual or perceived ethnic or national background,
language or script, religious beliefs, race, skin colour, sex, sexual orientation,
political or other afliation, social background, social status, age, health and other
characteristics, or due to associating with persons with such characteristics.“
legislation dene hate crimes as any crime committed (entirely or in part)
race, national or ethnic background/origin, skin colour, religious belief, language,
sex, sexual orientation or gender identity.
In the FBiH disability is also one of
the protected characteristics, and in RS it is health. Hatred is provided for as an
aggravating circumstance for the following crimes: murder
/rst degree murder,
grievous bodily harm,
The last crime for which hate is aggravating circumstance in
BDBiH is serious crimes against general security,
while in RS it is causing public
Therefore, it can be said that the BiH legislation is harmonized with the
Article 4 of the Framework Decision.
More on the Coalition available at http://www.diskriminacija.ba/koalicija-za-borbu-protiv-
govora-mr%C5%BEnje-i-zlo%C4%8Dina-iz-mr%C5%BEnje, accessed on 01/06/2016.
In addition to the Coalition, hate crimes related activities are also carried out by: Sarajevo Open
Centre, Interreligious Council BiH, Center for Social Research Analitika, Civil Rights Defenders,
Association for Democratic Initiatives and Youth Initiative for Human Rights BiH.
CC BDBiH, Art. 49, para. 2; CC RS, Art. 37, para. 3.
CC BDBiH, Art. 2, para. 37.
Only CC RS.
CC RS, Art. 147, para. 25; CC FBiH, Art. 2, para.11.
Ibid. Art. 163, para. 2, item 3; Ibid, Art. 166, para.2, item c.
CC RS, Art. 149, para.1, item 2.
CC BDBiH, Art. 169, para. 4; CC FBiH, Art. 172, Art.4; CC RS, Art. 156, para. 2.
Ibid, Art. 200, para. 4.; Ibid, Art. 203, para. 4.; Ibid, Art. 193, para. 2.
Ibid, Art. 287, para. 3.; Ibid, Art. 293, para. 3.; Ibid, Art. 249, para. 3.
CC BDBiH, Art. 281, para. 1, item 5; CC RS, Art. 232, para. 7.
Ibid, Art. 282, para. 2; Ibid, Art. 234, para. 2.
Ibid, Art. 283, para. 2; Ibid, Art. 233, para. 2.
CC BDBiH, Art. 322, para. 1.
CC RS, Art. 402, para. 5.