“Digital evidence today is as important as traditional traces found at the crime scene, and courts must be ready to respond to these challenges,” said Minka Kreho, Acting President of the Court of Bosnia and Herzegovina, opening this year’s College of the Court of BiH in Neum.
The event, supported by the AIRE Centre – Western Balkans Programme, focused on the growing importance of digital evidence and the judiciary’s role in addressing cybercrime. Kreho stressed that without the effective prosecution of computer-related offences, the rule of law cannot be fully realised.
“The courts must adapt to the changes brought by technology. Only by doing so can we ensure that the rule of law is not theoretical, but tangible and credible to citizens,” she said.
The final day of the programme was dedicated to digital evidence, with a particular focus on the misuse of artificial intelligence and virtual currencies. Saša Petrović, Head of the Cybercrime Unit of the Federal Police Administration, noted that Bosnia and Herzegovina has made progress in prosecuting computer-related offences, but warned that fragmented jurisdictions, gaps in the legal framework and lengthy procedures still slow down the process. He pointed to the increasing use of cryptocurrencies for criminal purposes.
“Their legal treatment is not clearly defined under current laws, which leaves room for different interpretations. A particular problem is the lack of clear procedures for the temporary seizure, storage and possible return of virtual assets. As a result, everything that is not explicitly prohibited by law is effectively allowed”, Petrović said.
On the issue of artificial intelligence, he stressed that amendments to the Criminal Code of the Federation of BiH, which entered into force in August this year, have clarified the legal framework for dealing with its misuse.
“I believe we will not face obstacles in investigating cases involving photo manipulation, revenge pornography and similar abuses. Investigators and prosecutors are now fully enabled to document criminal acts committed through the misuse of artificial intelligence”, he concluded.
In addition to these discussions, participants at the College addressed other pressing issues in criminal, administrative and civil law, including jurisprudence in war crimes cases, evidentiary challenges, and further steps for improving the harmonisation of judicial practice.
