The subject arose: By filing an Indictment
Prosecutor's number: T20 0 KTO 0007850 14
Number of parties: 1
Prosecutor: Dubravko Čampara
Preliminary Hearing Judge: Branko Perić
Acting Judicial Council / single judge in first instance proceedings: Biljana Ćuković, Izo Tankić, Amela Huskić
Acting Judicial Council / single judge in second instance proceedings: Ređžib Begić, Hilmo Vučinić, Mirko Božović
Confirmation date: 09.03.2017.
Department: Section II
The factual substrate of the indictment:
Under Count 1, the Indictment alleges that the Accused Kemal Čaušević, as an official person demanded a gift in order to perform an act he ought not to perform within the scope of his official powers, while the Accused Sedinet Karić gave a gift to an official person in the institutions of BIH to o perform an act he ought not to perform within the scope of his official powers, in a way that the Accused Karić, as the owner of “Obitex” d.o.o. Srebrenik and “KS Obitex” d.o.o. Laktaši companies handed over money to the Accused Čaušević for the imported textile per number of trucks imported in the period from 2007 to February 2011 and in the said period handed over the total amount of 425,000.00 KM so that his company is favored as a textile importer in the business activities of the Indirect Taxation Authority of BIH and decisions of the director-Accused Čaušević.
Count 2 of the Indictment alleges that in the period from November 2004 to the end of 2012, the Accused Kemal Čaušević used the money which he knew was ill-gotten by hiding the real origin of money and using it in legal transactions to purchase real estate in the amount of at least 1,261,760.43 KM.
Count 3 of the Indictment alleges that after the international competition procedure and collection of bids for the service of printing the tax stamps on a security paper with protection, the Accused Kemal Čaušević overstepped his authority and deciding outside his competence he enabled the legal entity “Glas Srpski – Grafika” A.D. Banja Luka the illicit gain in the amount of 200,000.00 KM, thus damaging the budget of Bosnia and Herzegovina in the said amoun
Case in progress
| Defendant: | Kemal Čaušević |
|---|---|
| Defender: | Suad Sultanić |
| Judgment / Decision |
1.
| Defendant: | Kemal Čaušević | ||
|---|---|---|---|
| Offense: | Primanje dara i drugih oblika koristi iz člana 217. stav 1. KZ BiH, u vezi sa članom 54. KZ BiH, te krivično djelo Pranje novca iz člana 209. stav 3. u vezi sa stavom 2. i 1. KZ BiH, sve u vezi sa članom 54. KZ BiH | ||
| Place of committment: | BiH | ||
| Committment year: | 2004. - 2012. | ||
| Damaged by crime: | Public property | Number of injured / victims: | The exact number has not been determined |
2.
| Defendant: | Anes Adiković |
|---|---|
| Offense: | krivično djelo Davanje dara i drugih oblika koristi iz člana 218. stav 1. KZ BiH, u vezi sa članom 54. KZ BiH |
| Place of committment: | BiH |
| Committment year: | 2007. - 2011. |
| Number of injured / victims: | The exact number has not been determined |
| Defendant: | Kemal Čaušević |
|---|---|
| Pritvor | Period: 18.06.2014. - 12.09.2014. |
| Defendant: | Anes Sadiković |
|---|---|
| Pritvor | Period: 19.06.2014. -15.07.2014. |
Judgment / Decision:
Judgment / Decision:
Pursuant to the Decision dated 8 March 2017 which became final and binding on 09 March 2017, the Indictment is confirmed in relation to the Accused Kemal Čaušević and Sedinet Karić in as much as Count 1 is confirmed in relation to the Accused Kemal Čaušević and Sedinet Karić and Counts 2 and 3 in relation to the Accused Kemal Čaušević, while Count 1 is refused in relation to Anes Sadiković.
On 10 May 2017, in the case of Kemal Čaušević et al. , a plea hearing was held at which the Accused Kemal Čaušević and Sedinet Karić pleaded not guilty.
The main trial was initiated on 06 July 2017. The defense is currently presenting its evidence.
The Trial Judgment found the accused Kemal Čaušević and Anes Sadiković guilty as follows:
- Kemal Čaušević - the continued criminal offense of Accepting Gifts and other Forms of Benefit under Article 217(1) CC BiH, as read with Article 54 CC BiH, and the continued criminal offense of Money Laundering under Article 209(3) as read with Paragraphs 1 and 2 CC BiH, all in conjunction with Article 54 CC BiH;
- Anes Sadiković - the criminal offense of Giving Gifts and other Forms of Benefit under Article 218(1) CC BiH, as read with Article 54 CC BiH.
The same Judgment acquitted the accused Kemal Čaušević of the charges that by the acts described in the operative part of the Judgment he committed the criminal offense of Abuse of Office or Official Authority under Article 220(3) as read with Paragraph 1 CC BiH.
The Trial Judgment sentenced the accused Kemal Čaušević to a compound sentence of nine (9) years of imprisonment, and the accused Anes Sadiković to two (2) years of imprisonment. Pursuant to Articles 110 and 111 CC BiH, as read with Article 209(5) CC BiH, the Judgment also ordered the confiscation of ill-gotten gain from the accused Kemal Čaušević in the amount of 575,239.57 KM.
The Appelate proceeding is in progress.
On 19 April 2022 the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered the following Appeals Judgment in the case of Kemal Čaušević et al.:
- The appeal filed by the accused Kemal Čaušević and his defense counsel, and the appeal filed by defense counsel for the accused Anes Sadiković, in relation to Section I.1 of the convicting part of the Trial Judgment dated 27 May 2021, are dismissed as ill-founded, whereas the appeal filed by the BiH Prosecutor's Office is partly granted in relation to the accused Kemal Čaušević so the judgment is modified in the part of the imposed criminal sanction in relation to the accused Kemal Čaušević, in the manner that the accused Kemal Čaušević is sentenced to five (5) years and six (6) months of imprisonment, concerning the criminal offense of Accepting Gifts and other Forms of Benefit under Article 217(1) CC BiH as read with Article 54 CC BiH, while the time he spent in custody, from 18 June 2014 to 12 September 2014, shall be credited towards his sentence of imprisonment.
- The appeal filed by the BiH Prosecutor's Office in relation to Section II of the acquitting part of the Trial Judgment dated 27 May 2021 is dismissed as ill-founded so the Trial Judgment is upheld in that part.
- The appeal filed by the accused Kemal Čaušević and his defense counsel, the appeal filed by Aida Čaušević and minor Kemil Čaušević, filed by way of their representative, in relation to Section I 2. of the convicting part of the judgment and in relation to the decision on confiscation of ill-gotten gain, as well as the decision on the costs of the criminal proceeding concerning this part of the Conviction, are granted, so the Trial Judgment of 27 May 2021 is revoked in that part, and a trial is ordered to take place before the Appellate Division Panel.