Today, the Constitutional Court of Bosnia and Herzegovina has held the 102nd ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today, the Constitutional Court has singled out the following:
AP 1857/18 - in which the Constitutional Court concluded that there was a violation of the right to a fair trial under Article II (3) (e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention), where, given the circumstances of the particular case, more than three years had passed since the appellant's knowledge of the existence of the "charge", and where the Prosecutor’s Office did not offer any reasons or justification for the duration of the investigation. In other words, the Prosecutor’s Office did not inform the Constitutional Court whether the Collegium of the Prosecutor’s Office has already taken or is currently taking actions to end the investigation.
AP 1118/18 - in which the Constitutional Court concluded that there was a violation of the right to a fair trial under Article II (3) (e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention, since the position of the ordinary courts was arbitrary that the mechanism of temporal applicability of the Criminal Code referred to in Article 5 of the FBiH Criminal Code cannot be applied to the mechanism of substitution of imprisonment for a fine referred to in Article 43a. of FBiH Criminal Code.
All decisions adopted at today's session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
