Implementation of legislation in the transition that Bosnia and Herzegovina is currently going through is particularly characterized by two segments: first, adoption of new legislation, and two, reorganization of existing or establishment of new state bodies. Thus, some laws, such as the Law on Criminal Procedure, have been devised in a way totally new in comparison with old laws. Other laws, such as the Criminal Code, were carried over from before, with some changes and improvements.
When it comes to law enforcement bodies, the situation is rather incoherent. The current police forces, prosecutors, courts and legal practices, have been assigned more or less new roles, different from our earlier tradition, both in terms of organization and in terms of function. With them, judicial, financial and taxation police have been established as a totally new set of law enforcement bodies, though at the local level rather than the state, which would have been logical.
Adding to this the following: (1) in different administrative parts of Bosnia and Herzegovina there are different criminal codes (a total of four), meaning that identical actions are not unlawful across the state, and (2) new procedural legislation allows for the use of covert investigation and surveillance, though without adequate human resources and equipment, then the picture of overall inconsistency of the legal system and its implementation becomes complete. Contrary to this, the underground functions perfectly and with no administrative barriers, as confirmed by an increase in serious criminal offences such as drug-related crime, trafficking in persons, murders and fraud.
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http://www.ncjrs.gov/pdffiles1/nij/Mesko/208014.pdf
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