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The measure of pre-trial custody as the most serve measure to securethe presence of the suspect or accused in criminal proceedings and its successfulconduct has always attracted due attention of both legal doctrines andjudicial practices at all levels due to the consequences concerning the imposedrestriction on the right to freedom of movement. Hence, the interest of scienceand the judiciary was primarily aimed at defining very strict criteria in whichthe measure of pre-trial custody could be used and the rules that should be usedby courts when considering the use of possible alternative measures to ensurethe presence of the suspect or accused that may be the most appropriate, in theparticular situation, without the need to apply a more severe measure if thepurpose of the imposed measure can be achieved with a milder measure. Regardingthe code of criminal proceedings in Bosnia and Herzegovina, all fourlaws on criminal procedure regulate, in a largely identical manner, when andunder what circumstances the custody can be ordered, including the situationof custody order due to the danger of iteration (danger of repetition of criminaloffense or completion of an attempted criminal offense or committing a threatenedcriminal offense).2 However, the reason of confusion and perplexitiesamong the judicial practitioners at various levels of judicial decision-makingis whether the pre-trial custody imposed due to the danger of iteration can bereplaced by prohibiting measures, as milder measures, given that the purpose,in the specific case, is not ensuring the presence of the suspect or the accusedin criminal proceedings, rather than the elimination of the danger of committinga (repeated) criminal offense.It is precisely this problem that is the central point of author’s interest ofthis scientific paper and the author will analyze the theoretical reasons that arefor and the reasons against the possibilities of replacing the custody measurewhen the danger of iteration exists with the prohibiting measures, as well asthe current judicial practice in Bosnia and Herzegovina regarding this issue.

PROHIBITING MEASURES AS AN ALTERNATIVE TO PRE-TRIAL CUSTODY IF DANGER OF ITERATION EXISTS, YES OR NO?