The Appellate Division Panel of the Court of BiH delivered Appeals Judgments in Two Cases

October 30, 2018 11:00 AM

On 26 October 2018, the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered an appeals judgment in the case of Ivan Medić et al.  finding the accused Tonćo Rajič guilty of the criminal offense of War Crimes against Civilians under Article 142(1) of the Criminal Code of Socialist Federative Republic of Yugoslavia (CC SFRY), adopted based on the Law on Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code of SFRY.

The Appellate Division Panel sentenced the accused Tonćo Rajič to 2 (two) years of imprisonment.

The accused was found guilty that, in August 1992, during the war and imminent threat of war in the territory of Bosnia and Herzegovina, and the armed conflict between the Croat Defense Forces (HOS) and the Croat Defense Council (HVO) on the one side, and the Armed forces of the Serb Republic of Bosnia and Herzegovina on the other, in the territory of Čapljina municipality, as a member of HOS stationed at the Bruno Bušić Dretelj military barracks, he acted in violation of the rules of international humanitarian law, specifically Article 3(1)c) of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949, in the manner that he subjected to inhuman treatment a civilian-victim, while unlawfully detained at the Dretelj camp.

An appeal from this judgment may be filed with the third-instance panel of the Appellate Division of the Court of BiH within 15 (fifteen) days of the date when the written copy of the judgment was received.

On 26 October 2018, the Court of Bosnia and Herzegovina delivered a trial judgment finding the accused Milan Novaković guilty of the criminal offense of Tax Evasion or Fraud under Article 210(4) of the Criminal Code of Bosnia and Herzegovina (CC BiH), as read with Paragraph 1, all in conjunction with Articles 31 and 54 of the CC BiH. In that regard, the Court sentenced him to 1 (one) year of imprisonment.

Pursuant to Article 56 of the CC BiH, the time the accused spent in pre-trial custody, from 19 August 2011 to 17 November 2011, shall be credited towards his sentence of imprisonment.

Also imposed on the accused Milan Novaković was an accessory punishment in the form of a fine in the amount of 5,000.00 KM (five thousand convertible marks) which the accused must pay within one month of the date when the judgment becomes final.

The accused Milan Novaković was found guilty that, acting on orders given by Miroslav Crnčević, for the benefit of Nebojša Antonić (legal entity Antonić Trade d.o.o. Laktaši) and legal entity Gipo d.o.o. Posušje, which had committed the criminal offense punishable by the BiH law, he made it possible that the foregoing persons evade the dues prescribed by the BiH tax legislation by failing to provide requested data or by providing false data about the acquired taxable income, with the amount of evaded tax exceeding 200,000.00 KM.

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