The Republic of Srpska - Ministry of the Interior


Criminal Police Administration

Unit for High-Tech Crime

LEGAL REGULATION

CHAPTER XXXII

CRIMINAL OFFENSES AGAINST COMPUTER DATA SECURITY

Damage to Computer Data and Programs

Article 407.

(1) Whoever unauthorizedly deletes, alters, damages, conceals, or otherwise renders computer data or programs unusable shall be punished by a fine or imprisonment for up to one year.
(2) If the act from paragraph 1 of this Article causes damage exceeding 10,000 KM, the perpetrator shall be punished by imprisonment for a term of six months to three years.
(3) If the act from paragraph 1 of this Article causes damage exceeding 50,000 KM, the perpetrator shall be punished by imprisonment for a term of one to five years.
(4) Devices and means used to commit the criminal offense under paragraphs 1 and 2 of this Article shall be confiscated.

Computer Sabotage

Article 408.

Whoever introduces, destroys, deletes, alters, damages, conceals, or otherwise renders computer data or programs unusable or destroys or damages a computer or other electronic data processing and transmission device with the intention of disabling or significantly disrupting the process of electronic data processing and transmission that is important for state organs, public services, institutions, business entities, or other subjects, shall be punished by imprisonment for a term of six months to five years.

Creation and Introduction of Computer Viruses

Article 409.

(1) Whoever creates a computer virus with the intention of introducing it into another person's computer or computer or telecommunication network shall be punished by a fine or imprisonment for up to six months.
(2) Whoever introduces a computer virus into another person's computer or computer network and thereby causes damage shall be punished by a fine or imprisonment for up to two years.
(3) Devices and means used to commit the criminal offense under paragraphs 1 and 2 of this Article shall be confiscated.

Computer Fraud

Article 410.

(1) Whoever enters inaccurate data, omits entering accurate data, or otherwise conceals or falsely presents data thereby affecting the result of electronic data processing and transmission with the intention of gaining unlawful property benefit for themselves or others, and thereby causing property damage to others, shall be punished by a fine or imprisonment for up to three years.
(2) If through the act from paragraph 1 of this Article, a property benefit exceeding the amount of 10,000 KM is obtained, the perpetrator shall be punished by imprisonment for a term of one to eight years.
(3) If through the act from paragraph 1 of this Article, a property benefit exceeding the amount of 30,000 KM is obtained, the perpetrator shall be punished by imprisonment for a term of two to ten years.
(4) Whoever commits the act from paragraph 1 of this Article solely with the intention to damage another shall be punished by a fine or imprisonment for up to six months.

Unauthorized Access to Protected Computer, Computer Network, Telecommunication Network, and Electronic Data Processing

Article 411.

(1) Whoever, in violation of protective measures, unlawfully accesses a computer or computer network or unauthorizedly accesses electronic data processing, shall be punished by a fine or imprisonment for up to six months.
(2) Whoever records or uses data obtained in the manner determined in paragraph 1 of this Article shall be punished by a fine or imprisonment for up to two years.
(3) If as a result of the act from paragraph 1 of this Article there is a disruption or serious disturbance of the functioning of electronic data processing and transmission or a network or other severe consequences occur, the perpetrator shall be punished by imprisonment for up to three years.
(4) The punishment from paragraph 1 of this Article shall also be imposed on whoever produces, obtains, sells, or provides for use instructions or means intended for infiltrating a computer system.

Prevention and Restriction of Access to Public Computer Network

Article 412.

(1) Whoever unlawfully prevents or obstructs access to a public computer network shall be punished by a fine or imprisonment for up to one year.
(2) If the act from paragraph 1 of this Article is committed by an official in the performance of official duties, they shall be punished by a fine or imprisonment for up to three years.

Unauthorized Use of Computer or Computer Network

Article 413.

(1) Whoever unlawfully uses computer services or a computer network with the intention of gaining unlawful property benefit for themselves or others shall be punished by a fine or imprisonment for up to six months.
(2) Prosecution for the offense from paragraph 1 of this Article shall be initiated upon a proposal.

CHAPTER XXI

CRIMINAL OFFENSES AGAINST ECONOMY AND PAYMENT TRANSACTIONS

Unauthorized Use of Another's Business Name and Other Special Marks of Goods or Services

Article 260.

(1) Anyone who, with the intention of deceiving buyers or service users, uses another's business name, another's geographical indication of origin, another's trademark, or another's other special mark of goods or services, or incorporates certain characteristics of these marks into their business name, their geographical indication of origin, their trademark, or their other special mark of goods or services, shall be punished by imprisonment for a term ranging from six months to three years.
(2) Anyone who, for the purpose of selling in larger quantities or value, procures, produces, processes, puts into circulation, leases, or stores goods from paragraph 1 of this Article or engages in the provision of services unauthorizedly using others' marks, shall be punished by imprisonment for a term ranging from one to five years.
(3) If the perpetrator from paragraph 2 of this Article has organized a network of resellers or intermediaries or has obtained property benefit exceeding the amount of 50,000 KM, they shall be punished by imprisonment for a term ranging from two to ten years and a fine.
(4) Items from paragraphs 1, 2, and 3 of this Article shall be confiscated.

CHAPTER XXI

CRIMINAL OFFENSES OF COPYRIGHT INFRINGEMENT

Abuse of Copyright

Article 242.

(1) A person who, under their own name or under the name of another, publishes, displays, performs, transmits, or otherwise communicates to the public the work of another that, in accordance with the laws of Bosnia and Herzegovina, is considered a copyrighted work, or allows it to be done, shall be punished by a fine or imprisonment for up to three years.
(2) A person who, without specifying the name or pseudonym of the author, publishes, displays, performs, transmits, or otherwise communicates to the public the work of another from paragraph 1 of this article on which the name or pseudonym of the author is indicated, or in an unauthorized manner incorporates parts of another's work from paragraph 1 of this article into their own copyright work or allows it to be done, shall be punished.
(3) A person who destroys, disfigures, ridicules, or otherwise alters the work of another from paragraph 1 of this article without the author's approval shall be punished by a fine or imprisonment for up to three years.
(4) A person who, without specifying the name or pseudonym of the performing artist, except where the performing artist wishes to remain anonymous, publishes, displays, transmits, or otherwise communicates the performing artist's performance to the public shall be punished.
(5) A person who destroys, disfigures, ridicules, injures, or otherwise alters the recorded performance of a performing artist without the performer's approval shall be punished.
(6) If the commission of the criminal offense from paragraphs 1 to 5 of this article results in substantial financial gain or causes substantial damage, and the perpetrator acted with the aim of obtaining such financial gain or causing such damage, they shall be punished by imprisonment for six months to five years.

Unauthorized Use of Copyrights

Article 243.

(1) Anyone who, without the permission of the author or other copyright holder, or a person authorized to grant permission when permission is required under the laws of Bosnia and Herzegovina, or contrary to their prohibition, fixes, reproduces, duplicates, puts into circulation, rents, imports, transmits across state borders, displays, performs, broadcasts, transmits, makes publicly available, translates, adapts, processes, reworks, or otherwise uses a copyrighted work shall be punished by a fine or imprisonment for up to three years.
(2) A person who, without the permission of the performing artist or a person authorized to grant permission, when required by the provisions of the law of Bosnia and Herzegovina or contrary to their prohibition, records, reproduces, duplicates, puts into circulation, rents, imports, transmits across state borders, displays, performs, broadcasts, transmits, makes publicly available, or otherwise uses the performance of a performing artist shall be punished.
(3) Anyone who, with the intention of enabling unauthorized use of a copyrighted work or a performing artist's performance, produces, imports, transmits across state borders, puts into circulation, rents, enables another person to use or employ any kind of equipment or means whose primary or predominant purpose is to enable unauthorized removal or circumvention of any technical means or computer program intended to protect the rights of authors or performing artists from unauthorized use, shall be punished.
(4) A person found in possession of items intended for or used in the commission of the criminal offense, or resulting from the commission of the criminal offense, from paragraphs 1 to 3 of this article, and who knew or could or should have known about it, shall be punished by a fine or imprisonment for up to six months.
(5) If the commission of the criminal offense from paragraphs 1 to 3 of this article results in substantial financial gain or causes substantial damage, and the perpetrator acted with the aim of obtaining such financial gain or causing such damage, they shall be punished by imprisonment for six months to five years.
(6) Objects intended for or used in the commission of the criminal offense, or resulting from the commission of the criminal offense, from paragraphs 1 to 3 of this article shall be confiscated and destroyed.

Unauthorized Use of Sound Recording Producer Rights

Article 244.

(1) Whoever, without the permission of the sound recording producer, when such permission is required in accordance with the laws of Bosnia and Herzegovina, or contrary to their prohibition, broadcasts, reproduces directly or indirectly their sound recording, unlawfully places it on the market, rents it out, imports, crosses state borders, or makes it available to the public, shall be punished by a fine or imprisonment for up to one year.
(2) Whoever, without the permission of the rights holder in connection with radio broadcasts when such permission is required under the laws of Bosnia and Herzegovina or contrary to their prohibition, re-broadcasts the broadcast, or records, reproduces, or markets the recording of the broadcast, shall be punished by a fine or imprisonment.
(3) If the commission of the criminal offense under paragraphs 1 and 2 of this Article results in substantial financial gain or significant damage, and the perpetrator acted with the aim of obtaining such financial gain or causing such damage, they shall be punished by imprisonment for a term of six months to five years.
(4) Objects intended for or used in the commission of the criminal offense, or resulting from the commission of the criminal offense under paragraphs 1 to 3 of this Article, shall be confiscated and destroyed.

Unauthorized Use of Broadcasting Rights

Article 245.

(1) Whoever, without the authorization of an authorized distributor of encrypted satellite signals, produces or performs installation, modification, import, export, sale, rental, or otherwise places on the market a material or immaterial device or system for decoding such a signal, if they know or must know that such a device or system is primarily used for decoding encrypted satellite signals, shall be punished by a fine or imprisonment for up to three years.
(2) If the commission of the criminal offense under paragraph 1 of this Article results in substantial financial gain or significant damage, and the perpetrator acted with the aim of obtaining such financial gain or causing such damage, they shall be punished by imprisonment for a term of six months to five years.
(3) Objects intended for or used in the commission of the criminal offense or resulting from the commission of the criminal offense under paragraphs 1 and 2 of this Article shall be confiscated and destroyed.
(4) Objects intended for or used in the commission of the criminal offense or resulting from the commission of the criminal offense under paragraphs 1 to 3 of this Article shall be confiscated and destroyed.

Unauthorized Distribution of Satellite Signal

Article 246.

(1) Whoever receives an encrypted satellite signal that has been decoded without the permission of its authorized distributor and further distributes such signal, knowing or must know that the signal has been unlawfully decoded, shall be punished by a fine or imprisonment for up to six months.
(2) If the commission of the criminal offense under paragraph 1 of this Article results in substantial financial gain or significant damage, and the perpetrator acted with the aim of obtaining such financial gain or causing such damage, they shall be punished by a fine or imprisonment for up to three years.



INTERNATIONAL DOCUMENTS

Citizenship is not under the jurisdiction of the Ministry of Internal Affairs of the Republic of Srpska. In this regard, it is necessary to contact the Ministry of Administration and Local Self-Government of the Republic of Srpska, as the competent ministry.

The request for entering data on blood type and entity citizenship in the identity card must be submitted when submitting the application for an identity card.

The request for entering data on blood type is submitted with a confirmation from the appropriate health institution regarding the blood type.