prijava
SARAJEVO, April 20 (FENA) - Under its Decision No. Ap- 223/16 dated 31 January 2018, the Constitutional Court of Bosnia and Herzegovina (Constitutional Court of BiH) partly granted the appeal filed by the Accused Boris Rutešić and found the violation of the right to a fair trial under Article II/3.(e) of the Constitution of Bosnia and Herzegovina and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, thus revoking the Verdict of the Court of BIH No. S 1 2 K 014495 15 Kžk dated 29 September 2015 in relation to Paragraph 3 of the operative part of the Verdict and decision as to the sanction.
Deciding upon the amended Indictment of the Prosecutor’s Office of BiH, the Panel of the Section II for Organized Crime, Economic Crime and Corruption of the Appeals Division of the Court of Bosnia and Herzegovina handed down on 20 April 2018 altering the Appeals Verdict dated 29 September 2015 in the section related to Paragraph 3 and decision as to the sanction, under which the Accused Boris Rutešić is found guilty of Organized Crime in violation of Article 250(2) of the Criminal Code of Bosnia and Herzegovina (the CC of BIH) as read with the criminal offense of Illicit Trafficking in Narcotic Drugs in violation of Article 195(1) of the CC of BiH and sentenced to 5 years and 6 months in prison.
The Verdict of the Panel in the Appeals Division of the Court of BiH dated 29 September 2015 remains unchanged in terms of Paragraphs 1 and 2 of the operative part, decision on crediting the time spent in custody, decision as to the security measures and decision as to the costs of the criminal proceedings.
Boris Rutešić is found guilty because in the territory of Montenegro from late 2009 to April 2010 he bought from persons known to him the narcotic drugs Marijuana and transferred it across the state border of BiH, and on several occasions sold it to Vladimir Prodanović, which Vladimir Prodanović kept hidden in the garage of Luka Prcović where they had car mechanics shop and further sold it to final users in the territory of Trebinje.
No appeal lies from this Decision, stated the BiH Court.
(FENA) S. R.
