(In)sufficient procedural rights of the injured party in criminal proceedings in Bosnia and Herzegovina (dis)enable fighting against human trafficking

The procedural position of the injured party is the most favourable pursuant to the Criminal Procedure Code of Republika Srpska, when compared to other criminal procedure laws of Bosnia and Herzegovina. Namely, the injured party can submit a motion to present evidence that is important for the subject claim and they can assume criminal prosecution after the indictment has been confirmed.1 However, what is the importance of these procedural rights of the injured party if they do not have the right to appeal a judgment on the basis of an incorrect or incomplete finding of facts? It is particularly important to improve the procedural position of the injured party when it comes to discovering and proving the criminal offense of human trafficking. As the purpose of human trafficking is, unfortunately, acquiring material gains by exploiting the victims of human trafficking, the confiscation of assets acquired through the criminal act appears to also be a useful means to compensate the victim, even when the criminal procedure is not completed due to procedural issues related to running the proceedings. The court is not required to decide on a property claim in criminal proceedings if that would delay the criminal proceedings, which is an additional reason why the confiscation of assets acquired through the criminal act is an efficient measure via which every person that is the victim of human trafficking can realize their right to compensation.