Having held a guilty plea agreement consideration hearing and a sentencing hearing in the case of Goran Milošević et al. (S1 2 K 041390 21 K), on 20 September 2022 the Court of Bosnia and Herzegovina delivered and pronounced a judgment finding the accused guilty that by the acts described in the operative part of the Judgment they committed the criminal offenses as follows:

• Goran Milošević, Svetozar Kašiković and Vladislav Pravica - Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH, Accepting Gifts and Other Forms of Benefit under Article 217(1) CC BiH, Smuggling under Article 214(1) CC BiH and Illicit Trade in Excise Products under Article 210a(1) CC BiH as read with Article 31 CC BiH, all in conjunction with Article 53 CC BiH;
• Milorad Rogač - Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH, Giving Gifts and Other Forms of Benefit under Article 218(1) CC BiH, Smuggling under Article 214(1) CC BiH and Illicit Trade in Excise Products under Article 210a(1) CC BiH, as read with Articles 31 and 26 CC BiH, all in conjunction with Article 53 CC BiH;
• Darko Đurica - Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH, Giving Gifts and Other Forms of Benefit under Article 218(1) CC BiH, Smuggling under Article 214(1) CC BiH and Illicit Trade in Excise Products under Article 210a(1) CC BiH, as read with Article 26 CC BiH, all in conjunction with Article 53 CC BiH;
• Zoran Rogač - Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH, Smuggling under Article 214(1) CC BiH and Illicit Trade in Excise Products under Article 210a(1) CC BiH, as read with Articles 31 and 26 CC BiH, all in conjunction with Article 53 CC BiH;
• Goran Svorcan and Aleksandar Milinić - Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH, Smuggling under Article 214(1) CC BiH and Illicit Trade in Excise Products under Article 210a(1) CC BiH, as read with Article 26 CC BiH, all in conjunction with Article 53 CC BiH.

The Court imposed the following sentences on the accused Goran Milošević:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH - a fine in the amount of 5,000.00 KM;

- for the criminal offense of Accepting Gifts and Other Forms of Benefit under Article 217(1) CC BiH a sentence of 10 (ten) months of imprisonment;

- for the criminal offense of Smuggling under Article 214(1) CC BiH - a fine in the amount of 3,000.00 KM;

- for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 4 (four) months of imprisonment;

Applying the provisions set forth in Article 53(3) of the CC BiH, the Court imposed on the accused Goran Milošević a compound sentence of 1 (one) year and a compound fine in the amount of 6,000.00 KM (six thousand convertible marks). Pursuant to Article 56 CC BiH, the time the accused Goran Milošević spent in pre-trial custody between 10 April 2021 and 5 May 2021 shall be credited towards the imposed compound sentence of imprisonment.

The Court imposed the following sentences on the accused Svetozar Kašiković:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH - a fine in the amount of 4,000.00 KM

- for the criminal offense of Accepting Gifts and Other Forms of Benefit under Article 217(1) CC BiH a sentence of 10 (ten) months of imprisonment

- for the criminal offense of Smuggling under Article 214(1) CC BiH - a fine in the amount of 3,000.00 KM (three thousand convertible marks)

- for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 4 (four) months of imprisonment.

Applying the provisions set forth in Article 53(2), Subparagraphs b) and e) CC BiH and Articles 58 and 59 CC BiH, the Court imposed a suspended sentence on the accused Svetozar Kašiković, setting a compound sentence of 1 (one) year of imprisonment, while ordering that the sentence shall not be executed unless the accused commits another criminal offense within 3 (three) years of the day when the judgment becomes final, and a compound fine in the amount of 5,000.00 KM. Pursuant to Article 56 CC BiH, the time the accused Svetozar Kašiković spent in pre-trial custody between 10 April 2021 and 5 May 2021 shall be credited towards the imposed compound sentence of imprisonment.

The Court imposed the following sentences on the accused Vladislav Pravica:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH - a fine in the amount of 3,000.00 KM;

- for the criminal offense of Accepting Gifts and Other Forms of Benefit under Article 217(1) CC BiH a sentence of 10 (ten) months of imprisonment;

- for the criminal offense of Smuggling under Article 214(1) CC BiH - a fine in the amount of 3,000.00 KM;

- for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 4 (four) months of imprisonment.

Applying the provisions set forth in Article 53(2), Subparagraphs b) and e) CC BiH and Articles 58 and 59 CC BiH, the Court imposed a suspended sentence on the accused Vladislav Pravica, setting a compound sentence of 1 (one) year of imprisonment, while ordering that the sentence shall not be executed unless the accused commits another criminal offense within 3 (three) years of the day when the judgment becomes final, and a compound fine in the amount of 4,000.00 KM.

The Court imposed the following sentences on the accused Milorad Rogač:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH - a fine in the amount of 2,000.00 KM;

- for the criminal offense of Giving Gifts and Other Forms of Benefit under Article 218(1) CC BiH a sentence of 10 (ten) months of imprisonment;

- for the criminal offense of Smuggling under Article 214(1) CC BiH - a fine in the amount of 2,000.00 KM;

- for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 4 (four) months of imprisonment;

Applying the provisions set forth in Article 53(2), Subparagraphs b) and e) CC BiH, and Articles 58 and 59 CC BiH, the Court imposed a suspended sentence on the accused Milorad Rogač, setting a compound sentence of 1 (one) year of imprisonment, while ordering that the sentence shall not be executed unless the accused commits another criminal offense within 3 (three) years of the day when the judgment becomes final, and a compound fine in the amount of 3,000.00 KM.

The Court imposed the following sentences on the accused Darko Đurica:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH - a fine in the amount of 2,000.00 KM;

- for the criminal offense of Giving Gifts and Other Forms of Benefit under Article 218(1) CC BiH a sentence of 10 (ten) months of imprisonment;

- for the criminal offense of Smuggling under Article 214(1) CC BiH - a fine in the amount of 2,000.00 KM;

- for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 4 (four) months of imprisonment;

Applying the provisions set forth in Article 53(2), Subparagraphs b) and e) CC BiH, and Articles 58 and 59 CC BiH, the Court imposed a suspended sentence on the accused Darko Đurica, setting a compound sentence of 1 (one) year of imprisonment, while ordering that the sentence shall not be executed unless the accused commits another criminal offense within 3 (three) years of the day when the judgment becomes final, and a compound fine in the amount of 3,000.00 KM.

The Court imposed the following sentences on the accused Zoran Rogač:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH a sentence of 4 (four) months of imprisonment;

- for the criminal offense of Smuggling under Article 214(1) CC BiH a sentence of 4 (four) months of imprisonment;

- for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 6 (six) months of imprisonment.

Applying the provisions set forth in Article 53(2), Subparagraph b), of the CC BiH, and Articles 58 and 59 CC BiH, the Court imposed a suspended sentence on the accused Zoran Rogač, setting a compound sentence of 1 (one) year of imprisonment, while ordering that the sentence shall not be executed unless the accused commits another criminal offense within 2 (two) years of the day when the judgment becomes final. Pursuant to Articles 41(2) and 46(3) CC BiH, the Court also imposed a fine in the amount of 2,000.00 KM.

The Court imposed the following sentences on the accused Goran Svorcan:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH a sentence of 4 (four) months of imprisonment;

- for the criminal offense of Smuggling under Article 214(1) CC BiH a sentence of 4 (four) months of imprisonment;

- for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 6 (six) months of imprisonment.

Applying the provisions set forth in Article 53(2), Subparagraph b), of the CC BiH, and Articles 58 and 59 CC BiH, the Court imposed a suspended sentence on the accused Goran Svorcan, setting a compound sentence of 1 (one) year of imprisonment, while ordering that the sentence shall not be executed unless the accused commits another criminal offense within 2 (two) years of the day when the judgment becomes final. Pursuant to Articles 41(2) and 46(3) CC BiH, the Court also imposed a fine in the amount of 3,000.00 KM.

The Court imposed the following sentences on the accused Aleksandar Milinić:

- for the criminal offense of Associating for the Purpose of Perpetrating Criminal Offences under Article 249(2) CC BiH a sentence of 4 (four) months of imprisonment;

- for the criminal offense of Smuggling under Article 214(1) CC BiH a sentence of 4 (four) months of imprisonment;

 - for the criminal offense of Illicit Trade in Excise Products under Article 210.a(1) CC BiH a sentence of 6 (six) months of imprisonment;

Applying the provisions set forth in Article 53(2), Subparagraph b), of the CC BiH, and Articles 58 and 59 CC BiH, the Court imposed a suspended sentence on the accused Aleksandar Milinić, setting a compound sentence of 1 (one) year of imprisonment, while ordering that the sentence shall not be executed unless the accused commits another criminal offense within 2 (two) years of the day when the judgment becomes final. Pursuant to Articles 41(2) and 46(3) CC BiH, the Court also imposed a fine in the amount of 1,000.00 KM.

The accused have been found guilty because they, in the period from December 2020 until mid-April 2021, became members of a group within the meaning of Article 1(20) of the CC BiH associated with the commission of criminal offense of receiving and giving gifts and other forms of benefit, smuggling and illicit trade in excise products that, by evading measures of customs control, dealt with transporting excise products across the customs line, with each member of the group playing a role: Goran Milošević, Svetozar Kašiković and Vladislav Pravica – as official persons, police officers of the Trebinje Border Police Unit of the Border Police of BiH – police officers for border control, with work assignments prescribed by laws, by-laws, agreements and work orders, Goran Milošević as a patrol team leader, Svetozar Kašiković and Vladislav Pravica, as members of the said patrol on a Bituljica provisional border crossing for border traffic through which neither commercial goods nor goods subject to inspections may be carried. At a ramp on the Korita-Biteljica-Crkvice road and a wider area of Korita, by accepting a gift and other forms of benefit to refrain from border inspection that they were required to perform, enabled other members of the group (Milorad Rogač, Zoran Rogač, Goran Svorcan, Aleksandar Milinić, Darko Đurica and Branimir Rogač) and a number of unidentified persons to transport across a customs line and in border area large quantities of excise products not marked by stamps of BiH for the purpose of putting them in circulation in the territory of BiH. Goran Milošević also played the role of escort and controlling movement in the border area and giving fake license plates to other members of the group. Goran Milošević, Svetozar Kašiković and Vladislav Pravica, by accepting gifts and other forms of benefit in the amounts known to them, enabled a number of persons to illegally cross the border line and State border, at the point of entry into and exit from BiH, failing to discharge their official duties of border control and checks as prescribed b Articles 2 and 30 of the Law on Border Control, in the manner as described in the enacting clause of the judgment.