Within the EU4 Justice project, Jussi Tapani, judge of the Supreme Court of Finland, held a training for 30 participants, prosecutors, investigators and legal advisors from the Prosecutor’s Office of Bosnia and Herzegovina, and judges from the Court of Bosnia and Herzegovina on criminal law and the theory of intent in the context of trial management.
Bosnia and Herzegovina has taken significant steps in combating corruption, a persistent challenge that undermines trust in institutions and impedes socio-economic progress. Central to these efforts is not only identifying corrupt practices but also ensuring fair and effective legal proceedings. In this pursuit, a key aspect that demands attention is the threshold for burden of proof concerning the intention of suspected or accused individuals. The burden of proof is a fundamental principle in any legal system, determining the obligation to establish facts in a case.
‘Establishing the threshold for burden of proof is a demanding task to assess the credibility and probative value of individual pieces of evidence. Therefore, this training promotes the exchange of knowledge and experience and aims to identify the decisive elements when assessing intent in the context of abuse of office and money laundering crimes. The question is what intent requires to be addressed,’ Jussi Tapani, judge of the Supreme Court of Finland, pointed out.
When it comes to corruption allegations, particularly in cases where intention plays a pivotal role, setting the threshold for the objective burden of proof appropriately is of paramount importance. Therefore, the threshold for burden of proof must be set at a level that acknowledges this complexity while upholding the principles of fairness and accountability.
Chief Prosecutor of Prosecutors Office of BiH Milanko Kajganić pointed out that he is grateful for the fruitful EU structure support and added, ‘In the past period, the BiH Prosecutor’s Office has significantly focused on work on cases of corruption and financial crime. In the past year (2023) alone, multimillion-worth assets were blocked in BiH Prosecutor’s Office cases. Activities are being carried out with the aim of confiscating unlawful property benefits and such trainings are useful for prosecutors and investigators to see what the practice is in European countries when dealing with such complex cases.’
By ensuring that the threshold for burden of proof regarding intention is set, the judiciary of Bosnia and Herzegovina demonstrates its resolve to root out corruption and foster a society in which integrity prevails.
Mika Aalto, component leader within the EU4Justice project and a Finish prosecutor assisting the Prosecutor’s Office of BiH said, ‘The assessment of intent within corruption crimes and money laundering crimes, including in terms of evaluating evidence, is a difficult task for judges and prosecutors. Therefore, it is fundamental to provide tools to judges and prosecutors to enhance their knowledge. The exchange of professional opinions with the international judge was very productive.’
The training was held as part of the EU4Justice Project, Phase II, ‘Support to Judicial Professionalism and the Fight against Organised Crime and Corruption in Bosnia and Herzegovina,’ which is implemented through the financial support of the European Union with the aim of harmonizing the judicial system of BiH with European standards through strengthening the independence, effectiveness, responsibility and efficiency of the judicial sector in BiH.
