death_penalty_new.qxd 02-08-27 12:57 Page 29 BOSNIA AND HERZEGOVINA REPUBLIKA SRPSKA The Constitution of Republika Srpska provides that the death penalty may be pronounced for the most serious crimes84. However, there is no provision for the death penalty in the Republika Srpska Criminal Code85. FEDERATION OF BOSNIA AND HERZEGOVINA In contrast, the Constitution of the Federation does not provide for the death penalty but the Criminal Code does86. It provides that severe crimes that are ordinarily punishable by long-term imprisonment may be punishable by the death penalty when committed in a state of war or imminent danger of war87. The Criminal Code includes a long list of crimes that may ordinarily be punishable by long-term imprisonment. There are 19 relevant crimes in total. There are six relevant crimes in Chapter XV on Criminal Offences Against the Constitutional Establishment of the Federation of Bosnia and Herzegovina, nine relevant crimes in Chapter XVI on Criminal Offences Against Humanity and International Law, one relevant crime in Chapter XVII on Criminal Offences Against Life and Limb, one relevant crime in Chapter XXV on Criminal Offences Against Property and two relevant crimes in the Chapter on Criminal Offences Against Safety of Public Transportation. There is a new draft Criminal Code for the whole of Bosnia and Herzegovina. It does not refer to the death penalty at all. If the draft law is adopted, the entity codes will be harmonized with this Code. 84 85 86 87 Article 11(2) of the Constitution of Republika Srpska. (As amended by 21/92, 28/94, 8/96, 13/96, 15/96, 16/96, 21/96, 21/02, 31/02.) Criminal Code of Republika Srpska, RS Official Gazette 22/00. Criminal Code of the Federation of Bosnia and Herzegovina, F BiH Offical Gazette 43/98. Article 34(2) of the Criminal Code of the Federation of Bosnia and Herzegovina. 29