Having held an open session on 3 April 2023 in the case of Frano Gavranović et al. (S1 2 K 036587 23 Kž), the Panel of the Appellate Division of the Court of BiH delivered the second instance judgment dismissing as ill-founded the appeals filed by defense counsel for the accused Frano Gavranović and Duško Simikić, and partly granting the appeal filed by the Prosecutor’s Office of Bosnia and Herzegovina in relation to the acquitting part of the Judgment. The Court revised the First Instance Judgment of 1 November 2022 in the part of the decision on criminal sanction, and imposed on the accused Frano Gavranović and Duško Simikić, for the criminal offense of Illicit Trafficking in Narcotic Drugs under Article 195(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH) of which they were found guilty under the First Instance Judgment, the sentence of imprisonment for a term of two (2) years each, based on the same legal regulation and by applying Articles 39, 42, 48, 49 and 50(1) of the CC BiH.
In addition, the Court granted the appeal of the Prosecutor’s Office of Bosnia and Herzegovina in relation to the acquitting part of the Judgment related to the accused Adis Velagić, revoked the First Instance Judgment of 1 November 2022 in that part, and ordered a hearing before a panel of the Appellate Division of the Court of BiH.
The First Instance Judgment remains unaltered in its remaining part.
The First Instance Judgment of 1 November 2022 found the accused Frano Gavranović and Duško Simikić guilty because, by the acts described in the convicting part of the Judgment, they committed the criminal offense of Illicit Trafficking in Narcotic Drugs under Article 195(1) of the CC BiH. The Court imposed on them the sentence of imprisonment for a term of one (1) year each. The same Judgment acquitted the accused Adis Velagić of the charges because it was not proved that, by the acts described in the acquitting part of the Judgment, he had indeed committed the criminal offense of Illicit Trafficking in Narcotic Drugs under Article 195(1) of the CC BiH.
