Milorad Dodik remains the president of the Bosnian entity of Republika Srpska, as the recently imposed prison sentence and ban on holding office have not yet taken effect following the verdict.

The statement issued by the Court of Bosnia and Herzegovina indicates that no measures have been enacted to prevent him from continuing in office, following the first-instance verdict delivered on February 26, which is subject to appeal by both the Prosecution and the Defense.

The ruling specifies that Dodik received a one-year prison sentence along with a six-year ban from holding the position of President of Republika Srpska (RS) for defying decisions made by the High Representative.

Miloš Lukić, the acting director of the Official Gazette of the RS, was exonerated in the first-instance proceedings.

The court did not prohibit Dodik from political activities?

The Court of BiH highlighted in its ruling that while Dodik is barred from serving as President of the RS, it does not explicitly prohibit him from engaging in political activities or holding any other office.

However, the Criminal Code of BiH states that in cases of non-compliance with decisions of the High Representative, the security measure of prohibition from performing duties applies upon the finalization of the verdict.

These measures entail the termination of official duties and employment, along with a ban on performing official duties in any legislative, executive, judicial, administrative, or other body that is either entirely or partially funded by public resources.

Additionally, holding any official position in such entities is also prohibited.

The Prosecutor’s Office of BiH is seeking for these legal ramifications, specified by the Criminal Code, to be included in the verdict.

The Court of BiH stated that no special provisions were made in the verdict, “because the legal consequences of the conviction arise automatically, that is, by operation of law, following the finalization of the verdict.”

According to the Election Law of BiH, even if Dodik is sentenced to a year in prison by a final verdict, he will be unable to run for any public office.

The BiH Election Law dictates that any official who has been sentenced by a final judgment to a prison term exceeding six months is disqualified from being a candidate for public office within the country.

If the prison sentence is finalized and lasts for the same duration, Dodik may have the option to mitigate it.

Under the law, a prison sentence of up to one year can be exchanged for a fine, payable in one installment within 30 days, at the request of the convicted individual.

In this scenario, Dodik would need to pay 100 marks (approximately 50 euros) per day, totaling 36,500 marks (over 18,000 euros) to avoid incarceration.

What are the consequences if Dodik disregards the verdict?

Aleksandar Jokić, a lawyer from Banja Luka, informed Radio Free Europe that, should the verdict become final, there would be nothing preventing Dodik from accessing the premises where the RS president’s office is located.

“Once finalized, he is not allowed to hold that office; he must either vacate it or a new election must be called. Both options are feasible,” Jokić remarked.

He further noted that Dodik should indeed be concerned about the ramifications that may arise from this situation, which include the potential for imprisonment.

“If he violates that prohibition, once it is established and legally binding, he will face imprisonment equivalent to the duration of the ban. If the ban indicates six years, and he resumes political activities after two years, he will serve four years in prison,” explained Jokić.

What steps follow the first-instance verdict?

Following the verdict against Dodik, the Court of BiH is required to provide a copy of the verdict to the involved parties within 30 days, marking the beginning of the appeal period.

The appeal period for both the defense and prosecution is 15 days, with the possibility of a 15-day extension upon a special request.

“The transcript is sent via registered mail, and the appeal deadline starts from the moment all parties receive the verdict. Effectively, the verdict is not final until the appeal period has expired, or until a decision is made regarding the appeals,” Jokić stated.

He mentioned a third possibility, where the appeal is upheld, necessitating a retrial. In such a case, proceedings would commence anew, with the understanding that previously heard witnesses would not be re-examined on the same points, but their statements would be reviewed instead.

“Thus, there are multiple scenarios regarding when the verdict can be considered final, but it is evident that it is not final on the day it is delivered or even on the day it is proclaimed,” concluded Jokić.

What were the grounds for Dodik’s conviction?

During the sessions of the RS National Assembly in June 2023, laws deemed unconstitutional were enacted, declaring that legal acts of the High Representative would not be published in the RS Official Gazette and that decisions from the Constitutional Court of BiH, which are final and binding under the BiH Constitution, would not be implemented in that entity.

High Representative Christian Schmidt, under the Bonn Authorization, annulled two entity laws on July 1, 2023, and revised the Criminal Code of BiH, rendering non-implementation of the High Representative’s decisions a criminal offense.

On July 7, 2023, Dodik issued orders affirming the validity of these laws, which were then published in the Official Gazette of the RS.

The BiH Prosecutor’s Office lodged an indictment against Dodik and Lukić on August 11, which was subsequently confirmed by the court on September 11.

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