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.
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.
No appeal lies from the Appeals Judgment.