In the National Assembly the International Scientific-Expert Conference: Scientific and Expert approach towards the best law solutions on offense and calumny

17.05.2023 - 11:00

Open dialogue and a scientific view on comparative experiences is the only way to get the best results when law solution to the question of offense and calumny”, highlighted the participants of the International Scientific-Expert Conference which is being held in the National Assembly of the Republic of Srpska.

The President of the National Assembly of the Republic of Srpska Dr Nenad Stevandic said that at the scientific conference participate eminent professors from the region, representatives of the scientific community, NGOs, and the media.

“I would like for this to be the discussion which would show some things that are not good, why the law is needed or is not needed, without it being the political grading of the law from the one side and the other” stated Stevandic to the journalists before the conference on the theme:” Offense and calumny in the law of the Republic of Srpska and the countries of the region”.   

The moderator of the Conference Ljubinko Mitrovic said that at the gathering 16 reports would be exposed which talk about the offense and calumny from the scientific point of view.

Talking about the Draft Law amending the Criminal Law of the Republic of Srpska, Mitrovic evaluated that this law has a few things that cannot “pass” among which are inappropriately high penalties for offense and calumny.

“If the actual Criminal Law does not prescribe time gaps, and here we do have, then technically for me this is not all right”, said Mitrovic adding that the way of starting the procedure should also be reconsidered.  

Zoran Pavlovic a professor at the Faculty of Law at the University of Business Academy from Novi Sad pointed out that offense and calumny are criminal offenses in European legislation, and emphasized that this area should be regulated so that criticism is always allowed, but that it must not cross the line when becomes a criminal offense.

"It should also be viewed in that context, to create the best possible legal norm that will give fair results." Only through open dialogue the best solutions can be reached, and until something starts to be applied, regardless of how it is standardized, we will not be able to judge adequately," said Pavlović.

Professor of the Law Faculty of the University of Osijek Igor Vuletic says that the rights of speech and freedom of expression have their limitations but that it is very difficult to find an appropriate balance.

He said that Croatia has a different system of prescribing fines, which is related to the personal income of the convicted person, with the idea that the sentence should be adapted to the financial capabilities of the specific perpetrator.

Professor of the Faculty of Philosophy of the University of Mostar, Ilija Musa, said that the three cantons in the Federation of Bosnia and Herzegovina, where the largest number of media are located, do not have laws regulating media work, and they cannot regulate the entire legal spectrum for acts against honor and reputation.

"I am convinced that our judges and courts act independently in BiH and that there should not be any abuses regarding enforcing really act independently in BiH and that there should not be any abuses regarding enforcing of positive legal regulations," Musa emphasized.