CRIMINAL OFFENSE OF EMBEZZLEMENT IN THE SERVICE IN THE CRIMINAL LAW OF BOSNIA AND HERZEGOVINA - CRIMINAL LAW AND CRIMINAL PROCEDURE ASPECT (NORM AND CASE LAW)

Abstract

The focus of the authors’ interest is the criminal offense of embezzlement in the service, which we classify in the catalogue of corrupt criminal offences, by its nature, operationalization method, consequences and other specificities. In addition, it is a criminal offense from the catalogue of premeditated criminal offenses, so the paper pays due attention to the interconnection and cumulative conditionality of objective and subjective elements, that is, the action of execution and the subjective component. Special attention is directed to the discovery of the existence of this criminal offense, i.e. the realistic discovery possibilities and capacities, then the objectivesubjective concept based on the legal description of this criminal offense, and the aspect of gathering the necessary evidence in connection with establishing the existence of the criminal offense and guilt, considering the restrictive legal requirements. The complexity of discovering and proving this criminal offense arises from the very nature of this criminal offense and certain specificities that are directly related to the way it is operationalized. The criminal law autonomy and independence, as well as the clear differentiation of this criminal offense in relation to other related criminal offences, are emphasized in order to avoid (possible) wrong identifications, and with the aim of a better and more comprehensive understanding of the very nature of this criminal offence