prijava
SOFIA/SARAJEVO, May 17 (FENA) - The Panel of the Section II for Organized Crime, Economic Crime and Corruption of the Appeals Division of the Court of Bosnia and Herzegovina sent out on 11 April 2018 the Judgment dated 8 February 2018, refusing as unfounded the appeals filed by the Defense Counsel for the Accused Goran Jovanović and Alen Jahić, and upholding the Trial Judgment of the Court of Bosnia and Herzegovina dated 16 June 2017.
Under the Trial Judgment dated 16 June 2017 the Accused Goran Jovanović if found guilty of the criminal offense of Organized Crime under Article 250(2) of the CC BiH in conjunction with the criminal offense of Money Laundering under Article 209(1) of the CC BiH, while the accused Alen Jahić was found guilty of the criminal offense of Organized Crime under Article 250(2) of the CC BiH in conjunction with the criminal offense of Illicit Trafficking in Narcotic Drugs under Article 195(1) of the CC BiH. The Court sentenced the accused Goran Jovanović and Alen Jahić to six (6) years of imprisonment each.
As a secondary punishment, the Court fined the accused Alen Jahić with 50,000.00 KM, which the accused shall pay within 6 (six) months of the day when the judgment becomes final and determined that should the Accused fail to pay the fine in the given deadline, in line with Article 47(3) of the CC of BIH, the fine shall be replaced with the prison sentence in as much as every BAM 100.00 shall be replaced with one day in prison.
Pursuant to Articles 56 and 57 of the Criminal Code of Bosnia and Herzegovina, the time the accused spent in pre-trial custody is credited towards their prison sentences, and the Accused are ordered to reimburse the costs of the criminal proceedings.
The Defense Counsel for the Accused Goran Jovanović and Alen Jahić filed timely appeals from the said Judgment.
The Defense Counsel for the Accused Goran Jovanović filed an appeal on grounds of essential violations of criminal proceedings, erroneously and incompletely established state of facts, erroneous application of substantive law, and the decision as to the sanction, confiscation of the property gaint and costs of the criminal proceedings, moving the Panel of the Appeals Division of the Court of BIH to revoke the Trial Judgment and order a re-trial to hear old as well as new pieces of evidence by the defense, including the examination of witnesses in relation o whom the defense motion had been previously refused, with the aim of reaching an acquittal for the Accused Goran Jovanović or to modify the challenged Judgment and reach the Judgment to completely acquit the Accused Goran Jovanović of the charges.
The Defense Counsel for the Accused Alen Jahić filed an appeal on grounds of essential violations of criminal proceedings, violation of criminal code, erroneously and incompletely established state of facts, decision as to the sanction and confiscation of movables, moving the Panel of the Appeals Division of the Court of BIH to grant the appeal, modify the Trial Judgment and acquit the Accused or to revoke the Trial Judgment and order a re-trial.
The Prosecutor’s Office of Bosnia and Herzegovina submitted a response to the appeal of the Defense Counsel for the Accused Goran Jovanović moving the Appeals Panel to refuse the appeal as unfounded and to uphold the Trial Judgment dated 16 June 2017.
The Panel of the Appeals Division held its session on 8 February 2018 where the defense counsel for the Accused maintained their argument in the written submission, while the Prosecution maintained its arguments laid down in the written response.
Having examined the challenged Verdict within the limits of the appellate arguments, the Oanel of the Appeals Division reached the decision as aforementioned, stated the BiH Court.
(FENA) S. R.
