Having held a hearing to deliberate on a plea agreement and a sentencing hearing, the Court of Bosnia and Herzegovina handed down, on 10 July 2020, a judgment in the case of Rajo Kikić finding the accused Rajo Kikić guilty of the commission of the criminal offense of Accepting Gifts and Other Forms of Benefit under Article 217(1) of the Criminal Code of Bosnia and Herzegovina.
The Court sentenced the accused to imprisonment for a term of 5 (five) months. Pursuant to Article 56 of the CC BiH, the time the accused spent in custody, running from 18 March to 6 May 2020, shall be credited towards the imposed prison sentence. Pursuant to Article 110 and Article 111 of the CC BiH, the proceeds of crime in the amount of EUR 20 shall be confiscated from the accused Rajo Kikić.
The accused Rajo Kikić has been found guilty because, on 16 March 2020, in the capacity of an official person – border police officer of the BiH Border Police at the Brčko International Border Crossing, while discharging his duties of passenger and vehicle control, he requested and accepted a gift in order not to prohibit or refuse, within his office, the entry into BiH for three persons although he was under obligation to do so pursuant to the Decision of the Council of Ministers of 15 March 2020 concerning the additional requirements prescribed for the entry of aliens into BiH. The accused allowed the persons arriving from the territory with an intensive transmission of the Coronavirus (Republic of Austria) to unlawfully enter BiH without having any examination of their health condition and without any decision on isolation issuance, after he had requested and received a banknote in the amount of EUR 20.00, as indicated in the Indictment.