Panel of the Appellate Division of the Court of Bosnia and Herzegovina delivered a second-instance Judgment in the case of Zlatko Marijanović et al. on 22 February 2022, finding the accused guilty as follows: Zlatko Marijanović – the criminal offense of Organized Crime under Article 250(3) as read with a continued criminal offense of Illicit Trade in Excise Products under Article 210a of the Criminal Code of Bosnia and Herzegovina /CC BiH/ and Article 54 thereof; Stanko Čolak - the criminal offense of Organized Crime under Article 250(3) as read with a continued criminal offense of Illicit Trade in Excise Products under Article 210a of the CC BiH and Article 54 thereof and the criminal offense of Money Laundering under Article 209(2) as read with paragraph (1) of the CC BiH; Goran Marijanović - the criminal offense of Organized Crime under Article 250(2) as read with a continued criminal offense of Illicit Trade in Excise Products under Article 210a of the CC BiH and Article 54 thereof; and Zdenko Tomić - the criminal offense of Organized Crime under Article 250(2) as read with a continued criminal offense of Illicit Trade in Excise Products under Article 210a of the CC BiH.
The Court imposed the following sentences on the accused: Zlatko Marijanović – 5 (five) years’ imprisonment, Stanko Čolak – single sentence of imprisonment for a term of 5 (five) years and ten (10) months, and Goran Marijanović and Zdenko Tomić – 1 (one) year imprisonment each.
The time that the accused spent in pre-trial custody shall be credited towards the imposed sentences of imprisonment, and the previously seized objects are now permanently confiscated. The following amounts are confiscated from the accused as proceeds of crime: 30,000.00 BAM from Zlatko Marijanović; 15,790.00 BAM, 16,930.00 EUR and 50 HRK from Stanko Čolak; 1,200.00 BAM from Zdenko Tomić and 1,000.00 BAM from Goran Marijanović.
The accused Zlatko Marijanović and Stanko Čolak are guilty because they organized/led a group for organized crime whereas the accused Goran Marijanović and Zdenko Tomić became members of that group. The group, through joint activities, illegally manufactured and placed on the market products that are not marked with control and tax stamps in the manner prescribed by the tax legislation of Bosnia and Herzegovina, acquiring through joint activities illegal gain in the amount of not less than 165,000.00 BAM. The accused Stanko Čolak disposed of money for which he knew was obtained through the commission of the criminal offenses that he himself committed and used it in business transactions.
In contrast, pursuant to Article 284(a) of the Criminal Procedure Code of Bosnia and Herzegovina, the accused have been acquitted of some of the charges referred to in the Indictment, while the vehicle that had been seized from the accused Goran Marijanović was returned to him.
