BUSINESS

Court of Bosnia and Herzegovina imposed a Fine and Imprisonment for Persons Receiving Gifts and other forms of Benefit

 

The Court of Bosnia and Herzegovina, having held a hearing for deliberation on a plea agreement and a hearing for the pronouncement of criminal sanction in the case of Ognjen Gajić and Other, on 6 March 2020, rendered a Judgment finding the Accused Ognjen Gajić and Adem Mujkanović guilty of the criminal offense of Receiving Gifts and Other Forms of Benefit under Article 217(1) of the Criminal Code of Bosnia and Herzegovina (CC B-H), as read with Article 29 of the CC B-H. The Court sentenced the Accused Ognjen Gajić and Adem Mujkanović to imprisonment for the term of 1 (one) year each.

The Accused were imposed a fine in the amount of 3,000.00 BAM (convertible mark) each, as an accessory punishment, which they must pay within 6 (six) months from the day the Judgment becomes final. Should the Accused fail to pay the fines within the referenced deadline, completely or in part, the fines will be substituted by the sentence of imprisonment.

The Accused Ognjen Gajić has been found guilty because he offered to the informant “Fanatikos” to import commercial goods from the Federal Republic of Germany to the customs territory of Bosnia and Herzegovina via Orašje Border Crossing, without conducting proper customs procedure for the goods being imported and without payment of proper import fees, requesting in exchange a gift in the form of money.

On 17 October 2018, the Accused Ognjen Gajić, as a customs officer at the Orašje Border Crossing customs office, and Adem Mujkanović, as a senior official-shift leader at the Orašje Border Crossing customs office, requested and received from undercover investigator “Dušan” a gift in the form of money, 200.00 EUR and 20.00 BAM, in exchange for omitting to conduct proper customs procedure for the goods being imported as part of their duties, in violation of the provisions of the Customs Policy Law of Bosnia and Herzegovina.

Having decided ex officio whether the prohibiting measures imposed on the Accused Ognjen Gajić and Adem Mujkanović should be maintained further, after a hearing of the parties and their Defense Counsel, pursuant to Article 126.b(4) of the Criminal Procedure Code of B-H, on the same day the Court rendered a decision to revoke the prohibiting measures for the Accused as follows: prohibition of performing certain business or official activities and prohibition of meeting with certain persons.

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