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Instructions for Lodging a Complaint of Misconduct against Judges and Prosecutors in Bosnia and Herzegovina, Federation of Bosnia and Herzegovina, Republika Srpska and Brcko District
Instructions for Lodging a Complaint of Misconduct against Judges and Prosecutors in Bosnia and Herzegovina, Federation of Bosnia and Herzegovina, Republika Srpska and Brcko District
The purpose of this brochure is to explain how a complaint of misconduct may be lodged against a judge or prosecutor, what it should contain, and how it will be handled.
The Law on the High Judicial and Prosecutorial Council of BiH adopted by the Parliamentary Assembly of Bosnia and Herzegovina, effective June 1, 2004 (the “Law”), established the High Judicial and Prosecutorial Council of BiH (the “Council”) as a state body. Protecting the public and judicial system from judges and prosecutors who fail to adhere to their professional and ethical responsibilities is one of the Council’s important functions; in particular, the Law provides the Council with clear and transparent criteria for disciplining judges and prosecutors.
The Council’s jurisdiction for determining disciplinary liability and imposing disciplinary measures includes all prosecutors, judges, court presidents, lay judges and reserve judges in all prosecutor’s offices and courts at the state, entity, cantonal, district, municipal and basic levels in Bosnia and Herzegovina, including Brcko District, and excluding the Constitutional Courts of the State and Entities of Bosnia and Herzegovina.
ODC exercises its jurisdiction through the Council’s disciplinary activities, or more broadly, by protecting the public and judicial system and it reports directly to the Council. ODC is charged by law with receiving, investigating and prosecuting complaints of misconduct against judges and prosecutors.
Judges and Prosecutors Must Maintain High Standards
Failure to enforce professional and ethical rules jeopardizes and weakens the public’s trust in the judicial system. The Council was established in part to ensure that judges and prosecutors carry out their official duties in a manner that is consistent with their ethical and professional standards. The Law contains a comprehensive list of more than 20 disciplinary offences that a judge or prosecutor may commit if he or she acts in a manner that is inconsistent with the minimal standards of professional and ethical behavior as specified in the Law. When a judge or prosecutor acts in such a manner, accountability requires disciplinary action, and upon determination of the judge’s or the prosecutor’s disciplinary liability, imposition of appropriate disciplinary measures.
The purpose of this brochure is to explain how a complaint of misconduct may be lodged against a judge or prosecutor, what it should contain, and how it will be handled.
The Law on the High Judicial and Prosecutorial Council of BiH adopted by the Parliamentary Assembly of Bosnia and Herzegovina, effective June 1, 2004 (the “Law”), established the High Judicial and Prosecutorial Council of BiH (the “Council”) as a state body. Protecting the public and judicial system from judges and prosecutors who fail to adhere to their professional and ethical responsibilities is one of the Council’s important functions; in particular, the Law provides the Council with clear and transparent criteria for disciplining judges and prosecutors.
The Council’s jurisdiction for determining disciplinary liability and imposing disciplinary measures includes all prosecutors, judges, court presidents, lay judges and reserve judges in all prosecutor’s offices and courts at the state, entity, cantonal, district, municipal and basic levels in Bosnia and Herzegovina, including Brcko District, and excluding the Constitutional Courts of the State and Entities of Bosnia and Herzegovina.
ODC exercises its jurisdiction through the Council’s disciplinary activities, or more broadly, by protecting the public and judicial system and it reports directly to the Council. ODC is charged by law with receiving, investigating and prosecuting complaints of misconduct against judges and prosecutors.
Judges and Prosecutors Must Maintain High Standards
Failure to enforce professional and ethical rules jeopardizes and weakens the public’s trust in the judicial system. The Council was established in part to ensure that judges and prosecutors carry out their official duties in a manner that is consistent with their ethical and professional standards. The Law contains a comprehensive list of more than 20 disciplinary offences that a judge or prosecutor may commit if he or she acts in a manner that is inconsistent with the minimal standards of professional and ethical behavior as specified in the Law. When a judge or prosecutor acts in such a manner, accountability requires disciplinary action, and upon determination of the judge’s or the prosecutor’s disciplinary liability, imposition of appropriate disciplinary measures.
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