Criminal Code of Bosnia and Herzegovina, General Principles of Meting out Punishments Article 48 (1) (Excerpts) 

(1) The court shall impose the punishment within the limits provided by law for that particular offence, having in mind the purpose of punishment and taking into account all the circumstances bearing on the magnitude of punishment (extenuating and aggravating circumstances), and, in particular: the degree of culpability, the motives for perpetrating the offence, the degree of danger or injury to the protected object, the circumstances in which the offence was perpetrated, the past conduct of the perpetrator, his personal situation and his conduct after the perpetration of the criminal offence, as well as other circumstances related to the personality of the perpetrator.

(2) In ruling on the punishment for the criminal offence in recidivism, the court shall take into special consideration whether the most recent offence is of the same type as the previous one, whether both acts were perpetrated from the same motive, and it will also consider the period of time which has elapsed since the pronunciation of the previous conviction, or since the punishment has been served or pardoned.

(3) In fixing a fine, the court shall take into consideration the situation of the perpetrator in terms of property, taking into account the amount of his salary, his other income, his assets and his family obligations.

 

Criminal Code of the Federation of Bosnia and Herzegovina (2003, amended 2017) (Excerpts)

(FBiH Official Gazette nos. 36/03, 37/03, 21/04, 69/04, 18/05, 42/10, 42/11, 59/14, 76/14, 46/16, 75/17)

Article 2 

Meaning of Terms Used in This Code

Article 203

Rape

(1) Whosoever compels another person to have sexual intercourse with him by force or threat of immediate physical attack upon that person or upon someone close to that person, shall be punished by imprisonment for a term of between one and ten years.

(2) Whosoever commits an offence under paragraph 1 above in an aggravated, cruel or degrading manner, or if at the same time more instances of sexual intercourse or sex acts tantamount to sexual intercourse are performed by more offenders,

shall be punished by imprisonment for a term of between three and fifteen years.

(...)

(4) The liability to sentence under paragraph 2 above shall apply to whomsoever commits the offence under paragraph 1 above out of hatred.

Article 293

Malicious Mischief

(1) Whoever damages, destroys or renders unusable any property belonging to another

shall be fined or punished by a term of imprisonment of not more than six months.

(2) Whoever damages, distorts, destroys or renders unusable any property used for religious purposes or cultural benefit situated in a public place, any especially protected natural feature, any object of art, any object of scientific or technical significance, which is part of public collection or is on display to the public, or any object which serves a public need or enhances the appearance of any square, street or park,

shall be fined or punished by a term of imprisonment of not more than one year.

(3) The punishment under paragraph 2 of this article shall also be imposed on whoever commits an offence under paragraph 1 of this article out of hatred.

 

Criminal Code of the Brcko District of Bosnia and Herzegovina (Excerpts)

(Brcko District Official Gazette nos.10/03, 45/04, 6/05, 33/13, 26/16, 13/17, 50/18)

Definition of Terms

Article 2

(37) Hatred represents a motive for perpetration of a criminal offence provided in this Code that is entirely or partly perpetrated due to actual or assumed ethnic or national origin, language or script, religious beliefs, race, colour, sex, sexual orientation, political or other affiliation, social origin, social status, age, health and other characteristics, or due to associating with persons with such characteristics.

General Rules for Meting out Punishments

Article 49

(1) The court shall met out the punishment within the limits provided by the Code for that particular offence, having in mind the purpose of punishment and taking into account all circumstances bearing on the severity of punishment (extenuating and aggravating circumstances), and, in particular: degree of culpability, motives for perpetrating the offence, degree of danger or injury to the protected object, circumstances under which the offence was perpetrated, past conduct of the perpetrator, his personal status and his conduct after the perpetration of the criminal offence, as well as other circumstances related to the personality of the perpetrator.

(2) A circumstance representing the characteristics of a particular criminal offence may not be taken into consideration also as an aggravating or extenuating circumstance, unless it surpasses the measure that is necessary for the existence of a criminal offence or a particular form of a criminal offence, or if there are two or more such circumstances but only one is sufficient for the existence of a more serious or less serious criminal offence. In cases when criminal offence was perpetrated out of hatred as provided in Article 2 Paragraph 37 of this Code the court will take it into consideration as an aggravating circumstance and fashion a more sever sentence unless the Code provides for harsher sentence for the aggravating form of a criminal offence.

 

Criminal Code of Republika Srpska (2018) (Excerpts)

Official Gazette Republika Srpska: OG 64/17, 104/18

General Principles on the Imposition of Punishments

Article 52

(3) If a criminal offence was perpetrated out of hatred as provided in Article 123, paragraph 1, item 21 of this Code, the court shall take it into consideration as an aggravating circumstance, unless hatred is the aggravating form of that criminal offence.

Meaning of terms as used in this code

Article 123

(21) Hate crime is an offence perpetrated entirely or partly because of racial, national or ethnic origin, religious beliefs, skin colour, sex or sexual orientation, health or gender identity of a person.

Murder (First Degree Murder)

Article 125

(1)The punishment of imprisonment for a minimum term of ten years or long-term imprisonment shall be imposed on a person who:

(…)

2) murders another person for gain, to commit or conceal another offence, for ruthless revenge, hatred or for any other particularly base motive,

(…)

Grievous Bodily Injury

Article 132

(1) Whoever inflicts grievous bodily injury upon another person or gravely impairs his health shall be punished by imprisonment for a term of one to five years.

(2) Whoever inflicts bodily injury upon another person or impairs his health in such a serious manner that the life of the injured person is in danger, or an important part or organ of his body is destroyed or permanently weakened to a substantial degree, or if the injured person’s earning ability has been impaired permanently or if permanent and serious damage to his health or disfigurement takes place or if the offence was perpetrated out of hatred,

shall be punished by imprisonment for a term of two to eight years.

(…)

Genital Mutilation of Women

Article 133

(1) Whoever entirely or partially removes or permanently alters the outside features of genitals of a female person shall be punished by imprisonment for a term of six months to five years.

(…)

(3) If the criminal offence referred to in the paragraph 1 of this Article was committed out of hatred or it was committed against a child or permanent damage to the health of a female person was caused, the perpetrator shall be punished by imprisonment for a term of one to eight years.

Rape

Article 165

(1) Whoever forces another person to sexual intercourse or equivalent act using force or threat of immediate physical attack upon that person’s life or limb or upon someone close to that person,

shall be punished by imprisonment for a term of three to ten years.

(2) If the criminal offence under paragraph 1 of this Article was committed against a child over 15 years of age or in a particularly cruel or degrading manner or by several offenders or if the rape was perpetrated out of hatred or if the criminal offence results in grievous bodily harm or serious effect on health or results in pregnancy of the female victim,

the offender shall be punished by imprisonment for a term of five to fifteen years.

(…)

Sexual Intercourse with a Helpless Person

Article 167

(1) Whoever has sexual intercourse with another or commits an equal act by taking advantage of such person’s mental illness, insufficient mental development, any other form of mental disability, helplessness or any other condition of such person due to which that person is not capable to offer resistance,

shall be punished by imprisonment for a term of two to ten years.

(2) If the criminal offence referred to in the paragraph 1 of this Article is committed in particularly cruel or extremely degrading fashion, or by several persons, or out of hatred, or if grievous bodily harm or serious effect on health or pregnancy of the helpless female victim was a consequence of the criminal offence, the perpetrator shall be punished by imprisonment for a term of no less than five years.

(…)

Aggravated Theft

Article 226

(1) A punishment of imprisonment of one to eight years shall be imposed on the perpetrator if the theft is committed:

1. by breaking in, entering by force or otherwise overcoming great obstacles in order to get to the good inside closed buildings, rooms, safes, cabinets, tills or other enclosed area,
2. in a particularly dangerous or reckless manner,
3. by a person who was in possession of a weapon or dangerous instruments for attack or defense,
4. by several persons who joined together to commit thefts,
5. by taking advantage of conditions caused by a fire, flood, earthquake or similar disaster,
6. by taking advantage of the helplessness or some other difficult situation of another,
7. out of hatred. 

(…)

Aggravated Robbery

Article 227

(1) Whoever, by use of force against another or by threatening an immediate attack against his life or limb, takes movable goods belonging to another with the intent to obtain by its appropriation illicit gain for himself or another person shall be punished by imprisonment for a term of between one and ten years.

(2) If, in the course of a criminal offence under paragraph 1 of this Article, grievous bodily injury was intentionally inflicted on a person or if the criminal offence was perpetrated out of hatred, or if the robbery is committed by a group or a gang, or if the value of stolen property exceeds 50,000.00 BAM, the offender shall be punished by imprisonment for a term of between five and fifteen years.

Robbery

Article 228

(1) Whoever, disturbed in the act of theft, and with the intention of retaining possession of the stolen property, uses force against another person or threatens immediate attack on his life or limb, shall be punished by imprisonment for a term of between one and ten years.

(2) If during the commission of a criminal offence under paragraph 1 of this Article, grievous bodily injury was intentionally inflicted on a person or if the criminal offence was perpetrated out of hatred, or if the robbery was committed by several persons, or a weapon or dangerous instrument was used during the criminal act or if the value of stolen property exceeds 50,000 BAM, the offender shall be punished by imprisonment for a term of between five and fifteen years.

Malicious Mischief

Article 240

(1) Whoever destroys, damages or renders unusable any property belonging to another, or takes unlawful possession of another’s goods for the purpose of temporary use shall be punished by a fine or imprisonment for up to two years.

(2) Whoever takes possession of another’s vehicle and uses it illegally for driving for a significant amount of time, or the vehicle sustained significant damage, shall be punished by imprisonment for a term from six months to three years.

(3) Whoever commits the criminal offence under paragraphs 1 and 2 of this Article out of hatred or wantonly, or it caused significant damage, the perpetrator shall be punished by imprisonment for a term from one to five years.

(4) Prosecution for the offence under paragraphs 1 and 2 of this Article shall be instigated on request.

Causing Public Danger

Article 394

(1) Whoever endangers human life or property of substantial value by fire, flood, explosion, poison or poisonous gas, ionizing or radioactive radiation, mechanical force, electricity or other form of energy, or by shooting from firearms or in some other dangerous manner or with some other dangerous means, shall be punished by imprisonment for a term of six months to five years.

(2) The punishment under paragraph 1 of this Article shall also be imposed on an official or any other responsible person who fails to install proper devices for protection against fire, explosion, flood, poison, poisonous gases or ionizing or radioactive radiation, electricity or other dangerous agents, or fails to maintain the said devices in a working order, or fails to operate them when required, or generally fails to comply with rules or technical regulations on protective measures, and who thereby endangers human life or property on a large scale.

(3) If any offence under paragraphs 1 and 2 of this Article is committed at the place where a large number of people is gathered, the offender shall be punished by imprisonment for a term of between one and eight years.

(4) Whoever commits any offence under paragraphs 1 and 2 of this Article through negligence shall be punished by a fine imprisonment for a term up to three years.

(5) Whoever commits offence under paragraphs 1, 2 and 3 of this Article out of hatred shall be punished by imprisonment for a term of between one and ten years.

(…)