Bosnia and Herzegovina

Population

3,861,912

Population 0‑14

13.4%

Internet Users

65.1%

Facebook Users

1,500,000
* Statistics provided by CIA.gov, Internet World Stats and GSMA Intellligence

2004 - The main goals for the use of ICT in education of the Poverty Reduction Strategy Paper of 2004 are the extensive use of distance learning; the establishment of a network connecting institutions in the country and abroad; and the establishment of a joint database for library contents.9 Furthermore, the government regards the use of ICT in education as an opportunity to facilitate and improve the education process, especially in underdeveloped rural areas. They recognized the need to strengthen and develop teachers’ ICT capabilities by providing additional training for educational staff.

2004-2010 - The government developed its Policy of Information Society Development in November 2004 for the period 2004 - 2010, with the increase of know-how and abilities of the population to live in an information society being one of its main goals.10The state committed to increasing the basic digital literacy and introducing ICT as standard in the educational process, establishing ICT curricula in both primary and secondary schools as well as universities. The policy also envisaged all schools would be able to gain access to the Internet via high-speed broadband connections, and offer e-learning via various platforms.

The Strategy for Information Society Development focused on five development pillars: legal infrastructure, e-Education, e-Governance, ICT infrastructure and ICT industry.11 For e-Education, ICT is envisaged to become a normal, everyday tool in the education system. The strategy outlines the envisioned situation to be achieved by 2010 - 2015: broadband Internet for all universities, schools and other educational institutions; a national research and education network, harmonizing work at all institutions; increased computer capacities for teaching staff; and assistance to distance learning. In addition, primary and secondary students will benefit from standardized curricula teaching basic digital literacy and selected IT and Computer subjects, whilst consisting of both digital and e-learning content. Furthermore, the strategy understands that teacher training is a key component for the successful integration of ICT into the education process.

2004-2010 - In order to implement the strategy efficiently, the Action Plan of Information Society Development was prepared. It defined programs, projects and initiatives for the 2004 - 2010 period. The list of programs includes the following: establishment of the ICT education system and educating citizens in digital literacy through lifelong learning; inclusion of certified education centers into the system of ICT education; system for to increase ICT literacy among teachers in primary and secondary schools.

Among the projects is the development of IT curricula, for example, which has been assigned a timeframe of nine months and a budget of KM150,000, whilst a total of KM25 million over five years were allocated to connecting all academic and research institutions to the Internet. Other projects include the enhancement of computer capacities in teaching and research institutions; standardization of ICT capabilities in such institutions; development of e-learning in universities; standardization of IT programs for vocational secondary schools. BiH’s e-Readiness Assessment Report 2009, prepared by the UN Development Project (UNDP), reveals that the plan has been successful in, amongst others, designing new curriculum fundamentals and connecting all teaching institutions to the Internet.The report also states that only about half of the projects have been realized, whereas almost all of the programs defined in the Action Plan have either been completed or are in progress, despite the lack of resources in the education sector.

The government of Bosnia and Herzegovina signed the eSEE Agenda Plus 2007 - 2012 (Electronic South Eastern Europe Initiative) together with seven other Eastern European countries in October, 2007.The member countries pledge to, among other things, strengthen innovation and investment in ICT in education, develop digital educational content and services, invest in the ICT infrastructure of their national educational institutions, reflect the increased use of modern technologies in a revised curriculum, and make ICT curricula mandatory on all educational levels.

In 2004, a project titled Promotion of Information and Communication Technology (ICT) Education and Developing E-learning Environment in Informatics and Mathematics at Elementary and Secondary Levels for Bosnia and Herzegovina was organized. It was supported by JICA and the Government of Bosnia and Herzegovina and organized by the Center for Research on International Cooperation in Educational Development (CRICED) from University of Tsukuba, Japan.The main concept was to train small groups of teachers who would form a starting force and introduce ICT to the homeland, help create an e-learning environment,and make a base for improvements in education. For more information about this project ,visit the following link : file:///C:/Users/FOSI/Downloads/Brkic.pdf

Federal Ministry of Education and Science

The Federal Ministry of Education and Science performs administrative, professional and other activities with the jurisdiction of the Federation of Bosnia and Herzegovina, which are related to preschool, primary and secondary education, as well as pedagogical standards and norms in this field.

GSMA Europe

This industry association represents the interests of European mobile network operators. The group engages in lobbying in areas such as children’s use of mobile phones, privacy, digital inclusion and reducing the digital gender gap. In 2008, the organization formed a mobile alliance against child sexual abuse content.

International Telecommunications Union (ITU) Europe

The ITU is is the UN agency for ICTs. Areas of focus in Europe include improving E-accessibility in Central and Eastern Europe, transitioning Europe to digital broadcasting, and sharing best practices for implementing e-applications.

Internet Governance Forum

The IGF was founded by the UN in 2006 to serve as a discussion platform for internet governance policy issues. It brings together various stakeholders to determine best practices for internet policy. Past areas of focus include cybersecurity, human rights, inclusivity and openness.

INTERPOL

INTERPOL is the world’s largest international police organization, with 190 member countries. Its mission is to enable police forces to collaborate globally to fight crime in the Internet age. Three areas of focus are crimes against children (with a focus on internet crimes and travelling sex offenders), cybercrime and human trafficking.

Sigurno Dijete

Sigurno Dijete is operated by Humanitarian organization International Forum of Solidarity – EMMAUS (IFS-EMMAUS) which was established in the beginning of 1999 in Gracanica – Bosnia and Herzegovina. This organization aims to provide assistance to vulnerable population groups. With its over 230 employees IFS-EMMAUS operates on the whole BiH territory, providing assistance to trafficked victims, illegal migrants, victims of sexual abuse and other forms of exploitation, children in need of assistance, youth at risk, as well as other vulnerable individuals.

Regional Review of National Activities on Child Online Protection in Europe (2017)

International Trade Union

This document contains a questionnaire developed by the ITU (International Telecommunication Union) that was distributed to national governments that are within the scope of the Regional Initiative for Europe on Building Confidence and Security in the use of ICT.

Country Case Studies : Regional Review of National Activities on Child Online Protection (2017)

Jaroslaw K. Ponder

The Regional Review of National Activities on Child Online Protection was developed in 2016 by the ITU (International Telecommunication Union) in partnership with the Information Technologies Authority of Turkey. This Case study covers the perceptions of online child safety issues, the availability of advice or guidance, the availability of awareness raising and related programs, national focal points, the legal framework/law enforcement resources, and perceptions of the level of co-operation with industry.

The impact of internet and new media on the occurrence of violence against children in Europe and Cyprus (2015)

Rosella Sala

This document demonstrate that countries lack of expertise on child sexual exploitation and struggle combating this issue by their own. It suggests to establish an international legal framework to prosecute offenders and protect children.

Global Research Project: A Global Landscape of Hotlines Combating Child Sexual Abuse Material on the Internet and an Assessment of Shared Challenges (2015)

Melissa Stroebe, Stacy Jeleniewski, PhD

This report examines hotlines combating Internet-facilitated Child Sexual Abuse Material.

Combatting Child Sexual Abuse (2015)

Petra Jeney

The study provides an overview of existing legislation at European Union, Member State and the international level related to online child sexual abuse, as well as the role of law enforcement agencies in combatting child sexual abuse online and other governmental and private sector initiatives.

Media and Information Literacy Policies in Bosnia and Herzegovina (2014)

Turčilo, L., Tajić, L.

This report provides an overview of the recent efforts to develop digital education in Bosnia and Herzegovina, and explains the policy struggles of this development towards ICT education.

Mapping Digital Media : Bosnia and Herzegovina (2012)

Džihana, A., Ćendić, K., Tahmaz, M.

Th e-Mapping Digital Media project assesses the global opportunities and risks that are created for media by the following developments: the switch-over from analog broadcasting to digital broadcasting, growth of new media platforms as sources of news, and the convergence of traditional broadcasting with telecommunications.

Best Practice Compendium in Implementing the e-SEE Agenda + 2011 (2011)

N. Trbonja

This publication recommends best practices for ICT development in South Eastern Europe. The projects presented in this document exhibit a large range of creative, technical, and management solutions, as well as budget-friendly options, and context sensitive approaches towards ICT development.

ICT in the Education of the Balkan Countries (2010)

Dr. Rossita Penkova, Dr. Violeta Mircheva, Nikolina Tsvetkova, Mirena Legurska

This is a comprehensive document on the situation of the ICT in education in the Balkan countries.

This section contains details of the country’s laws as they relate to sexual offenses, children and the use of the Internet in the commission of criminal activity. Where possible, sentence details have been given, including whether an increased custodial penalty is imposed where the victim is a child.

The age of simple majority in Bosnia and Herzegovina is eighteen, whereas the age of consent for sexual activity is fourteen. The age of consent for marriage is eighteen although a court can allow the marriage of persons of or over the age of sixteen years of age.

Bosnia and Herzegovina has signed, ratified and entered into law the Council of Europe’s Convention on Cybercrime (November 2001).

In Bosnia and Herzegovina there are four criminal codes:

  • Criminal Code of Bosnia and Herzegovina (state level)
  • Criminal Code of the Federation of Bosnia and Herzegovina (entity level)
  • Criminal Code of the Republic of Srpska (entity level)
  • Criminal Code of Brcko District (entity level)

All but the Criminal Code of Bosnia and Herzegovina (state level) provide legislation for child and sexual abuse.

Chapter 32 of the Criminal Code of the Federation of Bosnia and Herzegovina, entitled ‘Criminal Offenses Against Electronic Data Processing Systems’, covers a wide range of aspects of cybercrime, from computer fraud, unauthorized access to a protected system or network or disturbing the work thereof, as well as computer sabotage and forgery.

Chapter 32 of the Criminal Code of the Brcko District, entitled ‘Criminal Offenses Against Systems of Electronic Data Processing’, covers a wide range of aspects of cybercrime, from computer fraud, unauthorized access to a protected system or network or disturbing the work thereof, as well as the computer sabotage and forgery.

  • Article 203, Criminal Code of the Federation of Bosnia & Herzegovina. Rape. This Article states that anyone who coerces another by force or threat of immediate attack on his life or limb, or that of another person, to sexual intercourse or an equivalent sexual act, is guilty of an offense and liable to imprisonment for one to ten years. Where the act was perpetrated with particular cruelty or in a humiliating manner, or if it involved more than one offender and was performed more than once, an aggravated penalty of imprisonment for a term between three to fifteen years will apply; the same sentence applies if the offense was committed out of hatred on the grounds of national or ethnic origin, race, religion, sex or language. The Article also states that if the victim dies as a direct result of the offense, suffers serious bodily injuries, or falls pregnant, the perpetrator will be liable to a minimum of three years’ imprisonment. Where the victim is a juvenile, a minimum penalty of five years’ imprisonment will be imposed. Where the act was perpetrated with particular cruelty or in a humiliating manner, or if it involved more than one offender, and the victim dies as a direct result of the offense, suffers serious bodily injuries, or falls pregnant, the minimum penalty is five years’ imprisonment.

  • Article 204, Criminal Code, Federation BiH. Sexual Intercourse with a Helpless Person. Imposes a penalty of imprisonment for a term between one to eight years for anyone who performs sexual intercourse or an equivalent sexual act with another person by taking advantage of that person’s mental illness, temporary mental disorder, infirmity or any other state which makes the victim incapable of resisting. Where the offense itself caused the incapability to resist in the first place, the offender will be punished in pursuant to paragraph 1 of Article 203 (Rape) of this Code. Where the act was perpetrated with particular cruelty or in a humiliating manner, or if it involved more than one offender and was performed more than once, an aggravated penalty of imprisonment for a term between one to ten years will apply. The Article also states that if the victim dies as a direct result of the offense, suffers serious bodily injuries, or falls pregnant, the perpetrator will be liable to a imprisonment for a term between one and ten years. Where the act was perpetrated with particular cruelty or in a humiliating manner, or if it involved more than one offender, and the victim dies as a direct result of the offense, suffers serious bodily injuries, or falls pregnant, the minimum penalty is three years’ imprisonment.

  • Article 205, Criminal Code, Federation BiH. Sexual Intercourse by Abuse of Position. Defines the offense of inducing a person who is in a dependent position in relation to him due to the person’s financial, family, social, health or other condition or straitened circumstances, to sexual intercourse or an equivalent sexual act by abusing his position. The offense is punishable by imprisonment for a term between three months and three years. Where the offense has been committed by a teacher, educator, parent, adoptive parent, guardian, step-father, step-mother or any other person with respect to a juvenile who is entrusted to him for education, upbringing, custody or care, an aggravated sentence of imprisonment for between six months to five years shall apply.

  • Article 206, Criminal Code, Federation BiH. Forced Sexual Intercourse. This Article states that anyone who forces another person to sexual intercourse or equivalent sexual acts by a serious threat of grave harm, will be punished by imprisonment for a term between six months and five years.

  • Article 207, Criminal Code, Federation BiH. Sexual Intercourse with a Child. States that anyone who performs sexual intercourse or an equivalent sexual act on a child (person under the age of fourteen), will be liable to imprisonment for a term between one and eight years. The Article also states that anyone who performs forcible sexual intercourse or an equivalent sexual act on a child (Article 203, Rape) or on a helpless child (Article 204, Sexual Intercourse with a Helpless Person), will be liable to an aggravated penalty of imprisonment for not less than three years. Anyone who performs sexual intercourse or an equivalent sexual act on a child by abusing his position (Article 205, Sexual Intercourse by Abuse of Position), will be punished by imprisonment for between one and ten years. The penalty is imprisonment for a minimum of five years for anyone who commits any of the above mentioned offenses in a particularly cruel or humiliating manner, or if on the same occasion a number of perpetrators perform a number of acts of sexual intercourse or equivalent sexual acts against the same victim. Where the victim dies as a direct result of the offense, suffers serious bodily injuries, or falls pregnant, the perpetrator will be liable to imprisonment for a minimum of five years, or long-term imprisonment.

  • Article 208, Criminal Code, Federation BiH. Lechery. This Article states that anyone who attempts to commit rape (Article 203), sexual intercourse with a helpless person (Article 204), sexual intercourse by abuse of position (Article 205) or forced sexual intercourse (Article 206), without actually committing the act, is guilty of perpetrating a lecherous act and liable to imprisonment for a term between three months and three years. The Article also states that attempting to have sexual intercourse with a child (Article 207) is punishable by imprisonment for six months to five years.

  • Article 209, Criminal Code, Federation BiH. Satisfying Lust in the Presence of a Child or Juvenile. Defines the offense of performing acts aimed at satisfying the offender’s own lust or the lust of a third person, or inducing a child to submit to such acts in his presence or in the presence of a third person. The offense is punishable by imprisonment for a term between three months and three years.

  • Article 210, Criminal Code, Federation BiH. Pandering. Imposes a penalty of imprisonment for a term of between one to five years for anyone who, for gain, induces, incites or lures another person to offer sexual services or in another way enables turning another person over to a third person for the offering sexual services, or in any way takes part in organizing or managing of sexual services offering. An aggravated penalty of imprisonment for a term between one and ten years will apply if the offender used force or threatened to use force or to inflict greater harm, coercion or deceit to induce another person to offer sexual services. The same penalty applies to anyone who, for gain, uses force, threat of force, deception or coercion to abuse the difficult situation of a person residing in another country to offer sexual services. Where any of the above mentioned offenses were committed against a juvenile (person under the age of eighteen), the sentence will be increased to imprisonment for three to fifteen years.

  • Article 211, Criminal Code, Federation BiH. Abuse of a Child or Juvenile for Pornography. This Article states that it is a criminal offense punishable by one to five years’ imprisonment to photograph or film a child or juvenile with an aim of developing photographs, audio-visual tapes or other pornographic materials, or to possess, import, sell, deal in or project such material, or induce such persons to play in pornographic shows. Items meant for the above mentioned offense will be forfeit and destroyed.

  • Article 212, Criminal Code, Federation BiH. Introducing Pornography to a Child. States that anyone who sells, shows or renders available through a public display or in any other way writings, pictures, audio-visual and other objects containing pornography to a child, or whoever shows him a pornographic show, will be liable to imprisonment for up to one year.

  • Article 193, Criminal Code of the Republic of Srpska. Rape. This Article states that anyone who compels another person to sexual intercourse or any other sexual act by force or threat of immediate attack on his life or limb, or that of another person close to them, is guilty of an offense and liable to imprisonment for one to ten years. An aggravated penalty of imprisonment for a term between three to fifteen years will apply if the act was committed against a minor; in a particularly cruel or humiliating manner; where the act was committed jointly by more than one person; if the victim suffered grievous bodily injury or a serious impairment of health; if the victim falls pregnant as a result of the offense. Where the victim dies as a result of the offense, the offender will be liable to a minimum term of five years’ imprisonment. The Article also states that it is an offense to compel another person to sexual intercourse or another sexual act by serious threat of disclosing some information that would harm his/her reputation or the reputation of someone close to the victim or by threat of any other serious harm; the offense is punishable by imprisonment for a term of between six months and five years.

  • Article 194, Criminal Code, Republic of Srpska. Sexual Intercourse with a Helpless Person. Defines the offense of taking advantage of a person’s mental disease, mental retardation, any other mental disorder, helplessness or any other state of that person which makes him/her incapable of resisting, in order to have sexual intercourse or commit another sexual act with that person. The offense is punishable by imprisonment for a term between six months to five years. An increased penalty of a three to fifteen years’ imprisonment will apply where the victim is a minor; the offense was committed in a particularly cruel or degrading manner; the victim was raped more than once by more than one perpetrator on the same occasion; the victim suffered grievous bodily injury or a serious impairment of health; the helpless female victim falls pregnant. The Article also states that if the victim dies as a result of the offense, the perpetrator will be rendered liable to a minimum of five years’ imprisonment.

  • Article 195, Criminal Code, Republic of Srpska. Sexual Abuse of a Child. States that anyone who has sexual intercourse or commits any other sexual act with a child is liable to imprisonment for a term between one to eight years. Anyone who has forced sexual intercourse or any other sex act with a child or a helpless person (Article 194), is liable to imprisonment for a term between three and fifteen years. The Article also states that if the offense was committed by a teacher, teacher in an institution or home, guardian, adoptive parent, physician, priest or some other person by abuse of his position against the child entrusted to him for teaching, up-bringing or care, an aggravated penalty of five to fifteen years’ imprisonment will apply. An aggravated penalty of imprisonment for a minimum of five years will apply if the act was committed in a particularly cruel or humiliating manner; the act was committed more than once by more than one perpetrator on the same occasion; the victim suffered grievous bodily injury or a serious impairment of health; the helpless female victim falls pregnant or if the age discrepancy between the offender and the victim was high. The Article also states that if the victim dies as a result of the offense, the perpetrator will be rendered liable to a minimum of ten years’ imprisonment or long-term imprisonment.

  • Article 196, Criminal Code, Republic of Srpska. Sexual Intercourse by Abuse of Position. This Article states that anyone who induces a dependent or subordinate person to sexual intercourse or another sexual act is liable to imprisonment for up to three years. Any teacher, guardian, adoptive parent or other person who, by abuse of his position, has sexual intercourse or any other sex act with a minor entrusted to him for teaching, up-bringing or care, will be punished by imprisonment for a term between six months and five years.

  • Article 197, Criminal Code, Republic of Srpska. Satisfying Lust in Front of Others. Imposes a penalty of imprisonment for up to one year for anyone who commits sexual acts in front of others. The Article also states that anyone who engages into actions intended to satisfy his or someone else’s lust in front of a child or a minor, or who incites a child to engage in such actions in front of him or another person, is liable to a fine or imprisonment for up to three years.

  • Article 198, Criminal Code, Republic of Srpska. Trafficking in Human Beings for the Purpose of Prostitution. States that anyone who, in order to get financial benefit, entices, incites or lures another person into prostitution or, in any way, enables turning a person over to another for the exercise of prostitution or takes part in organizing or managing prostitution, is liable to imprisonment for a term between six months to five years. The Article also states that it is an offense to force another person into prostitution by employing force or threat to use force, by inflicting serious harm or deception, for the purpose of financial gain; the offense is punishable by imprisonment for one to five years. The same penalty will apply to anyone who, in order to achieve financial benefit, has forced or incited a person into prostitution by abusing the victim’s difficult situation as a foreigner in the country, or who professionally engages another person to do so. The Article also states that where the offense of trafficking for the purposes of prostitution has been committed against a child or a minor, an aggravated penalty of one to twelve years’ imprisonment will apply.

  • Article 199, Criminal Code, Republic of Srpska. Abuse of a Child or Juvenile for Pornography. Defines the offense of photographing or filming a child with a view to developing photographs, audio-visual tapes or other pornographic materials, or inciting a child or juvenile to play in pornographic shows. The offense is punishable by imprisonment for a term between six months and five years. The items will be forfeit.

  • Article 200, Criminal Code, Republic of Srpska. Production and Screening Child Pornography. This Article states that anyone who sells, shows or renders available through a public display or in any other way writings, pictures, audio-visual and other items containing child pornography, or whoever produces, purchase, keeps or screens a child pornographic show for the same reasons, is guilty of an offense and liable to imprisonment for up to one year. Where the victim is under the age of sixteen, an increased penalty of three years’ imprisonment will apply. If the offense is committed through mass media or the Internet, the offender will be liable to imprisonment for a term between six months to five years. The items will be forfeit. For the purposes of this Article, child pornography is any pornographic material that visually shows a child or a minor involved in an obvious sexual act, or realistic photographs that show a child or a minor involved in an obvious sexual act.

  • Article 200, Criminal Code of Brcko District. Rape. This Article states that anyone who compels another person to sexual intercourse or an equivalent act by use of force, or by threat of direct attack on life and body of the victim or somebody close to them, is liable to imprisonment for one to ten years. This will be increased to three to fifteen years’ imprisonment if the offense was committed in an extremely brutal or humiliating way, or if the offense has been committed several times by several people; the same sentence applies if the offense was committed out of hatred on the grounds of national or ethnic origin, race, religion, sex or language. Where the victim dies as a result of the rape, or suffers grievous bodily injury, a serious impairment of health or pregnancy, the offender will be liable to at least three years’ imprisonment; the same sentence applies to anyone who commits rape against a juvenile. The Article also states that an increased penalty of at least five years’ imprisonment will apply where the rape of a juvenile was committed in an extremely brutal or humiliating way, or if the offense has been committed several times by several people; out of hatred on the grounds of national or ethnic origin, race, religion, sex or language; resulted in the death of the victim, caused grievous bodily injury, a serious impairment of health or pregnancy. Where the offense the was committed in an extremely brutal or humiliating way, or if the offense has been committed several times by several people, and, as a result, the victim dies, suffered grievous bodily injury, a serious impairment of health or pregnancy, a minimum sentence of five years’ imprisonment will apply.

  • Article 201, Criminal Code, Brcko District. Sexual Intercourse with a Helpless Person. States that it is a criminal offense to commit sexual intercourse or an equivalent act against a person by taking advantage of the victim’s mental illness, disorder, retardation, some other serious mental impairment, or another condition which makes the victim incapable to oppose. The offense is punishable by imprisonment for one to eight years. If the victim’s incapacity to oppose was caused by the perpetrator himself, or if the perpetrator participated in making the victim incapable to oppose, an aggravated penalty of one to ten years’ imprisonment will apply. The same penalty applies if the offense was committed in an extremely brutal way or humiliating manner, or if the victim was raped more than once by more than one offender. Where the offense was committed in an extremely brutal way or humiliating manner, or if the victim was raped more than once by more than one offender, and the victim’s incapacity to oppose was caused by the perpetrator himself, or if the perpetrator participated in making the victim incapable to oppose, a three to fifteen years’ prison sentence will apply. If the victim dies as a result of the offense, suffers grievous bodily injury, serious impairment of health, or pregnancy, the offender will be liable to imprisonment for one to ten years.

  • Article 202, Criminal Code, Brcko District. Sexual Intercourse through Abuse of Office. Defines the offense of abusing office to compel a person who is dependent on the offender due to financial, family, social, health or some other status or difficult circumstances, to sexual intercourse or a sexual act equal to it. The offense is punishable by imprisonment for three months to three years. A teacher, tutor, parent, adoptive parent, guardian, stepfather, stepmother or other person who abuses his position and performs a sexual intercourse or an act equal to it, against a juvenile entrusted to him for the purpose of teaching, education, guarding or care, will be sentenced to prison from six months to five years.

  • Article 203, Criminal Code, Brcko District. Forced Sexual Intercourse. Imposes a penalty of imprisonment for six months to five years for anyone who forces another person to sexual intercourse by use of serious threat of revealing information with the potential to harm the honor or reputation of the victim or a person close to him/her.

  • Article 204, Criminal Code, Brcko District. Sexual Intercourse with a Child. This Article states that anyone who performs sexual intercourse or an equivalent act with a child will be sentenced to imprisonment for one to eight years. The Article also states that anyone who performs forcible sexual intercourse or an equivalent sexual act on a child (Article 200, Rape) or on a helpless child (Article 201, Sexual Intercourse with a Helpless Person), will be liable to an aggravated penalty of imprisonment for not less than three years. Anyone who performs sexual intercourse or an equivalent sexual act on a child by abusing his position (Article 202, Sexual Intercourse by Abuse of Position), will be punished by imprisonment for between one and ten years. The penalty is imprisonment for a minimum of five years for anyone who commits any of the above mentioned offenses in a particularly cruel or humiliating manner, or if on the same occasion a number of perpetrators perform a number of acts of sexual intercourse or equivalent sexual acts against the same victim. Where the victim dies as a direct result of the offense, suffers serious bodily injuries, or falls pregnant, the perpetrator will be liable to imprisonment for a minimum of five years, or long-term imprisonment.

  • Article 205, Criminal Code, Brcko District. Debauchery. Imposes a penalty of imprisonment for a term between three months and three years for anyone who commits an offence involving only debauchery in the cases referred to in Article 200 (Rape), 201 (Sexual Intercourse with a Helpless Person), 202 (Sexual Intercourse through Abuse of Office), and 203 (Forced Sexual Intercourse) of this Code, when there was no attempt of that criminal offense. Anyone who commits an offense involving only debauchery in the case referred to in Article 204 (Sexual Intercourse with a Child), when there was no attempt of that criminal offense; or a person who commits the criminal offense referred to in the first part of this Article against a child or a minor, will be sentenced from six months to five years of prison.

  • Article 206, Criminal Code, Brcko District. Satisfying Sexual Desire in the Presence of a Child or Minor. Defines the offense of committing acts aimed at satisfying his own lust or the lust of a third person, or enticing a child to submit to such acts in his presence or in the presence of a third person. The offense is punishable by imprisonment for a term between three months and three years.

  • Article 207, Criminal Code, Brcko District. Enticing Prostitution. Imposes a penalty of imprisonment for a term between six months to five years for anyone who, for material gain, induces, incites or lures another person to engage in prostitution, or in another way facilitates the prostitution of that person for the benefit of another person, or in any other way organizes or manages the prostitution of others . An aggravated penalty of imprisonment for a term between one and ten years will apply if the offender used force or threatened to use force or to inflict greater harm, force or deceit to induce another person to engage in prostitution for material gain. The same penalty applies to anyone who, for gain, uses force, threat of force, deception or coercion to abuse the difficult situation of a person residing in another country to engage in prostitution. Where any of the above mentioned offenses were committed against a child or minor, the sentence will be increased to imprisonment for three to fifteen years.

  • Article 208, Criminal Code, Brcko District. Abuse of a Child or Minor for Pornographic Purposes. This Article states that it is a criminal offense punishable by one to five years’ imprisonment to photograph or film a child or juvenile with an aim of developing photographs, audio-visual tapes or other pornographic materials, or to possess, import, sell, distribute or present such material, or induce such persons to play in pornographic performances. Items meant for the above mentioned offense will be forfeit and destroyed.

  • Article 209, Criminal Code, Brcko District. Showing Pornographic Material to a Child. States that anyone who sells, shows or presents to the public, or in any other way makes available documents, photographs, audio-visual and other pornographic material to a child, or whoever shows them a pornographic performance, will be liable to imprisonment for up to one year.