News in English     | 19.04.2018. 14:27 |

BiH Court - Judgment revoked in the case of Azra Miletić

FENA Press release

SARAJEVO, April 19 (FENA) - On 6 April 2018, the Panel of Judges of Section II for Organized Crime, Economic Crime and Corruption at the Appellate Division of the Court of Bosnia and Herzegovina sent out the Decision issued on 20 March 2018, granting the appeal filed by defense counsel for the accused Azra Miletić, revoking the Judgment issued by the Court of Bosnia and Herzegovina on 3 August 2017, and ordering a retrial.

The same decision transferred the case versus the accused Azra Miletić, which has been conducted before the Court of Bosnia and Herzegovina under No. S 1 2 K 017381 17 Kž 3, to the court of territorial jurisdiction, that is, the Municipal Court in Sarajevo.

The Appellate Panel issued a decision to transfer the case to the court of territorial jurisdiction pursuant to Article 27(1) of the Criminal Procedure Code of Bosnia and Herzegovina having found that, in the concrete case, there are “important reasons” justifying the transfer of the conduct of the proceedings. The Panel particularly found that the transfer of the conduct of the proceedings to the other court is necessary for the reasons of both the procedural rights of the accused and the preservation of the external appearance of impartiality and independence of the Court of Bosnia and Herzegovina.

The Trial Judgment of the Court of Bosnia and Herzegovina of 3 August 2017 found the accused Azra Miletić guilty of the criminal offense of Accepting Gifts and Other Forms of Benefit in violation of Article 217(1) of the Criminal Code of Bosnia and Herzegovina, and sentenced her to two years and six months of imprisonment. The same Judgment, pursuant to Article 69(1)(d), as read with Article 74 of the CC BiH, imposed on the accused the measure of confiscation of objects and ill-gotten gain, specifically the pecuniary amount of EUR 3,000.00, in the manner that the accused was placed under the obligation to pay the EUR 3,000.00 or its BAM counter value within 3 months of the day the judgment becomes final, under the currency exchange course at the Central  Bank of Bosnia and Herzegovina applicable on the payment day. The accused also received the security measure of ban on holding judicial office for a period of 3 (three) years running from the day the judgment becomes final, where the time she spent serving her prison sentence shall not be credited towards this security measure. The accused was also placed under the obligation to cover the costs of the criminal proceedings.

Conversely, in terms of Article 284(c) of the Criminal Procedure Code of BiH, the accused Azra Miletić was acquitted of the charges that, by the acts described in the acquitting part of the Trial Judgment, she committed the criminal offense of Violation of Law by a Judge under Article 238 of the CC BiH.

The BiH Prosecutor's Office duly filed an appeal from the trial judgment on the grounds of essential violation of criminal procedure provisions, incorrectly and incompletely established facts, and the sentencing decision, moving the Appellate Division Panel of the Court of BiH to grant the appeal as well-founded and revoke the Trial Judgment, order a retrial at which to establish facts correctly and completely, and find the accused guilty also for the criminal offense of Violation of Law by a Judge under Article 238 of the CC BiH, as read with Article 53 of the CC BiH.

Defense counsel for the accused Azra Miletić also jointly appealed the Trial Judgment, on the grounds of essential violation of criminal procedure provisions, violation of criminal code, and incorrectly and/or incompletely established facts, moving the Appellate Division Panel of the Court of BiH to grant the appeal and reverse the challenged judgment so as to acquit the accused of the charges, or revoke the challenged judgment and hold a retrial before the Appellate Division Panel of the Court of BiH.

On 20 March 2018, the Appellate Division Panel held a public session at which the prosecutor and defense counsel orally presented their arguments as laid out in their respective appeals, and stated they fully stood by their arguments, which the accused joined, with a brief review of the appeal and the completed trial proceedings. The parties also presented their comments on respective appeals, while standing by their own motions.

The Appellate Division Panel has issued the foregoing decision finding that in the proceedings to be conducted before the Municipal Court in Sarajevo the essential violation of criminal procedure provisions will be rectified, after which the court will be in a position to issue a judgment in full compliance with the law, stated the BiH Court. 

(FENA) S. R.

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