The accused Marko Pandža is charged with having committed the criminal offense of Accepting Gifts and Other Forms of Benefit, referred to in Article 217, paragraph 2 of the Criminal Code of Bosnia and Herzegovina.
The accused Nermin Alešević is charged with having committed the criminal offense of Giving Gifts and Other Forms of Benefit, referred to in Article 218, paragraph 2 of the Criminal Code of Bosnia and Herzegovina, and the criminal offense of Unauthorized Tapping and Sound Recording, referred to in Article 155, paragraph 2 of the Criminal Code of Republika Srpska, in concurrence with the criminal offense of Unauthorized Photographing, referred to in Article 156, paragraph 1 of the Criminal Code of Republika Srpska.
This case, known to the public and the media as the “Potkivanje affair” /bribing, lit. horseshoeing/ has aroused great public interest, and the Prosecutor’s Office of Bosnia and Herzegovina formed the case after the publication of audio and video recordings on Internet portals.
Subsequently, a detailed investigation was conducted and several witnesses were examined; also, a series of expert reports were produced by various police agencies and expert witnesses and 51 pieces of material evidence were obtained.
In this case, the suspect Nermin Alešević has requested from the Chief Prosecutor not to be subjected to criminal prosecution (immunity). The request was denied. He filed an appeal against the said decision with the Constitutional Court of Bosnia and Herzegovina, which was rejected.
The Indictment has been forwarded to the Court of Bosnia and Herzegovina for confirmation.