PRACTICE OF THE CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA

Abstract

THE RIGHT TO PERSONAL LIBERTY AND SECURITY AND THE RIGHT TO A FAIR TRIAL

Fulfillment of financial obligations

The contested provision of Article 105 of the Law on Misdemeanors is in accordance with Article II/3d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The aforementioned provision meets the standards of the right to personal freedom because it is sufficiently clear and precise from a procedural aspect and, viewed as a whole, meets all the necessary guarantees that ensure that the deprivation of liberty is not arbitrary. In addition, the disputed provision meets the standard of proportionality because its purpose is not punishment but coercion to ensure the fulfillment of a monetary obligation, and the circumstance that even after deprivation of liberty (up to 15 days) it remains recorded in the Registry of Fines is justified from the aspect of its duration, because in in any case, it is deleted after the expiration of five years from the finality of the court decision - misdemeanor order.
The provision of Article 105 of the Law on Misdemeanors is also in accordance with Article II/3e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms because it does not raise the issue of determining responsibility for the committed offense, and therefore neither does the issue of determining criminal charges. but exclusively the issue of deprivation of liberty due to non-fulfillment of the previously established obligation. In addition, the disputed provision does not call into question the principles from Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, such as the right of access to the court, the right to defense and other things pointed out by the applicant.