News in English     | 02.06.2021. 16:23 |

Court of BiH has acquitted Pandža and Alešević of bribery charges

FENA Press release

SARAJEVO, June 2 (FENA) - Upon the completion of the trial, the Court of Bosnia and Herzegovina delivered today, 2 June 2021, the judgment in Marko Pandža et al. acquitting the Accused Marko Pandža of the charge that he committed the criminal offense of Accepting Gifts and Other Forms of Benefit in violation of Article 217(2) of the Criminal Code of Bosnia and Herzegovina (CC BiH), and acquitting the Accused Nermin Alešević of the charge that he committed the criminal offense of Giving Gifts and Other Forms of Benefit in violation of Article 218(2) of the CC BiH.

The Accused Marko Pandža was acquitted of the charge that as an official person in an institution of Bosnia and Herzegovina, as a police officer of the State Investigation and Protection Agency of Bosnia and Herzegovina, aware that his act was unlawful and with a view to obtaining illegal personal benefit, demanded and accepted a gift for himself in order to perform, within the scope of his official function, acts that ought to be performed by him. The Accused Nermin Alešević was acquitted of the charge that he gave a gift to an official person in the institution of Bosnia and Herzegovina, for him or another person, to mediate within the scope of his official function to perform the act that ought to be performed by him.

In the stage of the confirmation of the Indictment of the Accused Nermin Alešević, the Preliminary Hearing Judge refused to confirm Count 3 of the Indictment for the criminal offenses of Unauthorized Tapping and Sound Recording in violation of Article 155(2) and Unauthorized Photographing in violation of Article 156(1) of the Criminal Code of Republika Srpska, because the evidence submitted with the Indictment did not give rise to the existence of the grounded suspicion that the suspect Nermin Alešević also committed the referenced criminal offenses.

At a trial hearing held on 21 May 2021, the Court, having heard the evidence and the respective submissions by the parties and defense counsel, accepted the arguments contesting the lawfulness of evidence and found that substantial violations of the provisions of the Criminal Procedure Code of BiH (CPC BiH) and the European Convention for the Protection of Human Rights pertaining to the rights of suspects and rights of witnesses were committed during the investigation by the Prosecutor's Office of BiH.

In that connection, certain provisions on lawful interrogation of suspects and examination of witnesses were violated. Furthermore, evidence resulting from a violation of rights of citizens to privacy by unauthorized recording and photographing was proposed. For those reasons, such evidence has been found to be unlawful and the same applies to evidence resulting from that evidence, pursuant to Article 10(2) and (3) of the CPC BiH.

Given the state of things where the key evidence of the Prosecutor's Office of BiH based on which the Indictment was confirmed has been rejected, the Court ruled that neither Defense's evidence nor the additional evidence of the Prosecutor's Office of BiH would be presented and announced that the evidentiary procedure has been completed. Thereafter, the Court delivered a Judgment acquitting the accused of the charges on the grounds of Article 284(c) of the CPC BiH, as it has not been proved that they committed the criminal offenses charged, stated the BiH Court. 

 

(FENA) S. R.

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