Joško Cvitanović Found Guilty of the Criminal Offense of Giving Gifts and Other Forms of Benefit

19.11.2021, 10:24

The Court accepted, on 15 November 2021, a sentencing warrant in the case No. S1 2 K 040471 21 Ko and handed down a judgment finding the accused Joško Cvitanović guilty of the criminal offense of Giving Gifts and Other Forms of Benefit under Article 218(1) of the Criminal Code of Bosnia and Herzegovina, The Court imposed on the accused a suspended sentence of imprisonment for a term of 6 (six) months, having also ordered that the sentence will not be executed unless the accused commits a new criminal offense within a period of 1 (one) year following the judgment finality.

Joško Cvitanović is found guilty because, on 24 April 2014 and 25 April 2014, he contacted, by telephone and SMS messages, Z.L., official person employed with the Indirect Taxation Authority of BiH, Regional Center Sarajevo, Customs Station Airport Sarajevo, who performed the tasks and duties of a shift leader, to ask him when he would be on duty, with the intent to effectuate for him a more favorable position during the customs control and customs monitoring at the entrance in the customs are of Bosnia and Herzegovina at the International Airport Sarajevo (IA Sarajevo). Having landed, on 3 May 2014, at the IA Sarajevo on a flight from Istanbul, and having approached the customs control area with the luggage he had carried, which also contained the goods which he knew had to be subjected to customs clearance procedure, the accused  Joško Cvitanović offered Z.L. a gift in the form of money in order that Z.L. not to conduct, within his authority, the summarized customs procedure and not to collect the amount of import duties for the goods carried by the a passenger by applying single customs rate, to which Z. L. consented. The accused Joško Cvitanović gave to Z.L. a monetary gift in the currency and amount known to them, which Z.L. accepted and thereupon omitted to register the goods and issue a receipt of collected indirect taxes for the goods orally declared (CPD), that is, omitted to forward the goods to a regular customs procedure.