Court of BiH pronounces Verdict to BiH’s SIPA Police Member

June 11, 2019 8:00 AM

Having held the hearing to consider a plea agreement and the sentencing hearing in the case of Darko Marčetić, on 7 June 2019, the Court of Bosnia and Herzegovina hand down a judgment finding the accused Darko Marčetić guilty of the commission of the criminal offense of Abuse of Office or Official Authority in violation of Article 220(1) of the Criminal Code of BiH (CC BiH), as read with Article 54 of the CC BiH, and the criminal offense of Unauthorized Use of Personal Data under Article 149 of the CC BiH, all as read with Article 53 of the CC BiH.

For the criminal offense of Abuse of Office or Official Authority under Article 220(1) of the CC BiH as read with Article 54 of the CC BiH, the Court imposed on the accused a prison sentence for a term of 11 (eleven) months, and for the criminal offense of Unauthorized Use of Personal Data under Article 149 of the CC BiH, a prison sentence for a term of 2 (two) months. Accordingly, pursuant to Article 53 of the CC BiH, the accused received a compound sentence of imprisonment for a term of 1 (one) year. The time the accused spent in custody, running from 6 December 2018 to 1 February 2019, shall be credited towards the imposed prison sentence.

The accused Darko Marčetić also received a security measure – ban on performing occupation, activities or duties, prohibiting the accused to perform his duties of a police official for a period of 5 (five) years, running from the judgment finality, while the time the accused spent in serving the prison sentence shall not be credited towards the length of the referenced measure.

The instruments used in the commission of the criminal offenses and the proceeds of crime in the amount of EUR 3,500.00 shall be confiscated from the accused.

The accused Darko Marčetić is guilty because, during the summer 2018, as a police official at the State Investigation and Protection Agency, holding the rank of an inspector, assigned to the work post of an investigator for prevention and detection of organized crime, trafficking in people, narcotic drugs and other criminal offenses within the Crime and Investigation Department of the Regional Office in Banja Luka, with the aim of obtaining unlawful property gain, the accused Darko Marčetić abused his office by exceeding the limits of his official authority and by non-performing his official duties, and thus also acted in violation of Articles 2 and 3 of the Law on Police Officials in Bosnia and Herzegovina and Article 3 of the Law on State Investigation and Protection Agency.

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