The subject arose: By filing an Indictment

Indictment: Failure to Implement Decisions of the High Representative under Article 203a (1) of the Criminal Code of Bosnia and Herzegovina, as read with Article 54 of the same Code.

Prosecutor's number: T20 0 KT 0024163 23

Number of parties: 2

Prosecutor: Nives Kanevčev, Nedim Ćosić, Biljana Golijanin

Preliminary Hearing Judge: Jasmina Ćosić Dedović

Acting Judicial Council / single judge in first instance proceedings: Sena Uzunović

Confirmation date: 11.09.2023.

Final decision rendered on: 12.06.2025.

Department: Section II

The factual substrate of the indictment:

The accused Milorad Dodik and Miloš Lukić are, inter alia, charged that, during a period between 1 July 2023 and 9 July 2023 in Banja Luka, knowing full well that the High Representative for Bosnia and Herzegovina, Christian Schmidt, has issued a Decision Preventing the Entry into Force of the Law on Non-Application of the Decisions of the BiH Constitutional Court, dated 1 July 2023, which the National Assembly of Republika Srpska adopted at its 8^th Special Session held on 27 June 2023, and a Decision Preventing the Entry into Force of the Law on Amendments to the Law on Publication of Laws and Other Regulations of Republika Srpska, dated 1 July 2023, adopted by the National Assembly of Republika Srpska at the 7^th Special Session held on 21 June 2023, about which they were previously informed and nonetheless took official steps with the aim of continuing the legislative procedure, they failed to apply and implement the mentioned decisions of the High Representative in BiH. The accused Milorad Dodik is charged that, as an official person in an institution of Republika Srpska, in his capacity as Republika Srpska President, although aware that decisions of the High Representative in BiH are binding, in accordance with the powers vested in him by Article V of Annex 10 of the General Framework Agreement for Peace in Bosnia and Herzegovina and Article II 1. d) of the Agreement, he issued a Decree on Promulgation of the Law on Amendments to the Law on Publication of Laws and Other Regulations of Republika Srpska of 7 July 2023, in the manner that he signed it himself. The Law was adopted by the National Assembly of Republika Srpska at its session held on 21 June 2023, which constituted a failure to apply and implement the Decision of the High Representative Christian Schmidt. The accused Miloš Lukić is charged that, as an official person in Republika Srpska, who was by Decision of the Prime Minister of Republika Srpska on 8 July 2023 appointed as Acting Director of the Public Institution of Official Gazette of Republika Srpska, on the following day, 9 July 2023, in that very official capacity, using the powers of director of that institution, he signed the Form SG 32 of the Official Gazette of Republika Srpska No. 60/23 of 9 July 2023, in which way he enabled the implementation of the procedure of publication of the Decree on Promulgation of the Law on Amendments to the Law on Publication of Laws and Other Regulations of Republika Srpska, adopted by the National Assembly of Republika Srpska at its session held on 21 June 2023, and the Decree on Promulgation of the Law on Non-Application of the Decisions of the BiH Constitutional Court, which were then published in the Official Gazette of Republika Srpska.

Notes:

On 17 January 2024 the Court of BiH issued a Decision in the case of Milorad Dodik et al., separating the proceeding in relation to the accused Miloš Lukić, so his case was thereafter conducted under No. S1 2 K 047256 24 K - Miloš Lukić.

At the hearing held on 6 March 2024, the Court issued a Decision merging the proceeding against the accused Miloš Lukić with the proceeding conducted before the Court against the accused Milorad Dodik, which was henceforth conducted as a single case under the name of Milorad Dodik et al. (S1 2 K 046070 23 K).