Prosecutor's number: T20 0 KTO 0011478 16
Number of parties: 4
Prosecutor: Stanojlović Elvira i Pašić Suada
Acting Judicial Council / single judge in first instance proceedings: Hasija Mašović, predsjednik vijeća Ranko Debevec, član vijeća Mirsad Strika, član vijeća
Acting Judicial Council / single judge in second instance proceedings: Sudija Senadin Begtašević, kao predsjednik vijeća Sudija dr Dragomir Vukoje, sudija izvjestilac Sudija dr Miloš Babić, član
Confirmation date: 15.02.2016.
Final decision rendered on: 25.10.2018.
Department: Section II
| Defendant: | 1. RADONČIĆ FAHRUDIN |
|---|---|
| Judgment / Decision | Liberating |
| Defendant: | 2. DAUTBAŠIĆ BAKIR |
|---|---|
| Judgment / Decision | Liberating |
| Defendant: | 3. ŠAHMAN BILSENA |
|---|---|
| Judgment / Decision | Liberating |
| Defendant: | 4. ZIJAD HADŽIJAHIĆ |
|---|---|
| Judgment / Decision |
1.
| Defendant: | Fahrudin Radončić | ||
|---|---|---|---|
| Offense: | zbog krivičnih djela Udruživanje radi činjenja krivičnih djela iz člana 249. stav 1. Krivičnog zakona Bosne i Hercegovine (KZ BiH), Ometanje rada pravosuđa iz člana 241. stav 1. KZ BiH, Ometanje rada pravosuđa iz člana 241. stav 2. u vezi sa članom 26. KZ BiH i krivičnog djela Davanje nagrade ili drugog oblika koristi za trgovinu uticajem iz člana 219a. stav 1. KZ BiH, a sve u vezi sa članom 53. KZ BiH, | ||
| Place of committment: | područje BiH | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
2.
| Defendant: | Bakir Dautbašić | ||
|---|---|---|---|
| Offense: | udruživanje radi činjenja krivičnih djela iz člana 249. stav 1., krivično djelo ometanje rada pravosuđa iz člana 241. stav 1. i stav 2. i krivično djelo davanje nagrade ili drugog oblika koristi za trgovinu uticajem iz člana 219a. stav 1., | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
3.
| Defendant: | Bilsena Šahman | ||
|---|---|---|---|
| Offense: | udruživanje radi činjenja krivičnih djela iz člana 249. stav 2. i krivično djelo ometanje rada pravosuđa iz člana 241. stav 1., | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
4.
| Defendant: | Zijad Hadžijahić | ||
|---|---|---|---|
| Offense: | udruživanje radi činjenja krivičnih djela iz člana 249. stav 2., krivično djelo ometanje rada pravosuđa iz člana 241. stav 2. i krivično djelo primanje nagrade ili drugog oblika koristi za trgovinu uticajem iz člana 219. stav 1. Krivičnog zakona Bosne i Hercegovine | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
Judgment / Decision:
Judgment / Decision:
The Indictment alleges that the accused Fahrudin Radončić organized a group of people with the aim of perpetrating criminal offenses, which the accused Bakir Dautbašić, Bilsena Šahman and Zijad Hadžijahić joined on their own free will and thus became members of an organized group of people which, by their joint activities, mutual agreements and mutually related activities, during a period from 14 December 2015 to 12 January 2016, obstructed the work of the judiciary by threatening, intimidating and promising illicit gain to witness Azra Sarić in order to make her give a false testimony in the criminal proceedings conducted under the laws of BIH, and which, by their joint activities, mutually related agreements and actions, attempted to obstruct the work of Prosecutors of the Prosecutor’s Office of BIH in implementing the laws with regard to the criminal proceedings -investigation, and by their joint efforts, accepting and giving gifts and other forms of benefits for trading in influence, effectively influenced the appointment of the BIH Ambassador to Slovenia by exerting influence on persons authorized to appoint the BIH Ambassador.
Counts of the Indictment:
According to the Indictment, the accused Fahrudin Radončić and Bakir Dautbašić are charged with the criminal offense of Associating for the Purpose of Perpetrating Criminal Offenses in violation of Article 249(1), the criminal offense of Obstruction of Justice in violation of Article 241(1) and (2) and the criminal offense of Giving Gifts or Other Forms of Benefits for Trading in Influence in violation of Article 219a Paragraph 1, the accused Bilsena Šahman with the criminal offense of Associating for the Purpose of Perpetrating Criminal Offenses in violation of Article 249(2) and the criminal offense of Obstruction of Justice in violation of Article 241(1), and the accused Zijad Hadžijahić with the criminal offense of Associating for the Purpose of Perpetrating Criminal Offenses in violation of Article 249(2), the criminal offense of Obstruction of Justice in violation of Article 241(2) and the criminal offense of Accepting Gifts or Other Forms of Benefits for Trading in Influence in violation of Article 219(1) of the Criminal Code of Bosnia and Herzegovina.
Course of the proceedings:
On 15 February 2016, the Court of Bosnia and Herzegovina confirmed the Indictment charging the accused Fahrudin Radončić and Bakir Dautbašić with the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(1), the criminal offense of Obstruction of Justice under Article 241, Paragraphs 1 and 2, and the criminal offense of Accepting Gifts or Other Forms of Benefits for Trading in Influence under Article 219a., Paragraph 1; the accused Bilsena Šahman with the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) and the criminal offense of Obstruction of Justice under Article 241(1); and the accused Zijad Hadžijahić with the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2), the criminal offense of Obstruction of Justice under Article 241(2), and the criminal offense of Accepting Gifts or Other Forms of Benefits for Trading in Influence under Article 219(1) of the Criminal Code of Bosnia and Herzegovina.
At the plea hearing held on 11 March 2016 before Section II for Organized Crime, Economic Crime and Corruption of the Court, in the Fahrudin Radončić et al. case, the accused Bakir Dautbašić, Bilsena Šahman and Zijad Hadžijahić pleaded not guilty of the criminal offences of Associating for the Purpose of Perpetrating Criminal Offences, Obstruction of Justice and Accepting Gifts or Other Forms of Benefits for Trading in Influence. The accused Fahrudin Radončić failed to appear before the Court, therefore a new hearing shall be subsequently scheduled in relation to this accused.
At the plea hearing held on 16 March 2016 before Section II for Organized Crime, Economic Crime and Corruption of the Court, in the Fahrudin Radončić et al. case, the accused Fahrudin Radončić pleaded not guilty of the criminal offences of Associating for the Purpose of Perpetrating Criminal Offences, Obstruction of Justice and Giving Gifts or Other Forms of Benefits for Trading in Influence.
The main trial was initiated on 30 March 2016.
Panel of Judges composed of: Mašović Hasija, Debevec Ranko, Strika Mirsad
The Court of Bosnia and Herzegovina, the Panel of the Section II for Organized Crime, Economic Crime and Corruption, following the completion of the main trial in the case v. Fahrudin Radončić et al. handed down on 16 May 2018 the Verdict under which the Accused are acquitted of charges as follows: under paragraph 1) Fahrudin Radončić of charges for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offenses in violation of Article 249(1) and the Accused Bakir Dautbašić, Bilsena Šahman and Zijad Hadžijahić of charges for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offenses in violation of Article 249(2) of the CC of BIH; under paragraph 2) Fahrudin Radončić, Bakir Dautbašić and Bilsena Šahman of charges for the criminal offense of Obstruction of Justice in violation of Article 241(1); under paragraph 3) Fahrudin Radončić and Bakir Dautbašić of charges for the criminal offense of Obstruction of Justice in violation of Article 241 (2) of the CC of BIH as read with Article 26 of the CC of BIH and the criminal offense of Giving Gifts or Other Forms of Benefits for Trading in Influence in violation of Article 219a Paragraph 1 of the CC of BIH and the Accused Zijad Hadžijahić of charges for the criminal offense of Obstruction of Justice in violation of Article 241(2) as read with Article 26 of the CC of BIH and the criminal offense of Accepting Gifts or Other Forms of Benefits for Trading in Influence in violation of Article 219(1) of the Criminal Code of Bosnia and Herzegovina.
The session of the Appellate Panel was held on 25 October 2018.
On 25 October 2018 the Appellate Panel of the Court of Bosnia and Herzegovina delivered an appeals judgment in the case of Fahrudin Radončić et al., dismissing as ill-founded the appeal filed by the BiH Prosecutor's Office, and upholding the trial judgment delivered by the Court of BiH on 16 May 2018. The appeal filed by the aggrieved party Azra Sarić was dismissed as inadmissible.