Prosecutor's number: T20 0 KTO 0015920 18

Number of parties: 2

Prosecutor: Mirza Hukeljić

Preliminary Hearing Judge: Dalida Burzić

Acting Judicial Council / single judge in first instance proceedings: Stanko Blagić

Confirmation date: 19.11.2019.

Final decision rendered on: 28.03.2020.

Department: Section II

Tino Kapetan

Dejan Damjanović

On 19 February 2020, in the case of Tino Kapetan et al. (S1 2 K 029157 19 K), the Court severed the proceeding in relation to the accused Tino Kapetan and Dejan Damjanović in view of the fact that they concluded plea agreements and the case shall henceforth be conducted under the title of Tino Kapetan et al. and a new number (S1 2 K 034924 20 K). A hearing to entertain the plea agreements was held on the same day and the agreements were accepted. The Court delivered a Judgment finding the accused Tino Kapetan and Dejan Damjanović guilty of the criminal offense of Associating for the Purpose of Committing Criminal Offenses under Article 249(2) and the criminal offense of Receiving Gifts and Other Forms of Benefit under Article 217(1) of the CC BiH, all in conjunction with Articles 29 and 53 thereof. The Court sentenced the accused Tino Kapetan to 1 (one) year imprisonment and ordered him to pay a fine of 7,000.00 BAM into the Budget of Bosnia and Herzegovina, within 6 (six) months after this judgment became final. If the accused fails to pay the fine within the set time limit, the Court shall substitute it with imprisonment pursuant to Article 47(2) of the CC BiH. The Court sentenced the accused Dejan Damjanović to 1 (one) year imprisonment and ordered him to pay a fine of 7,000.00 BAM into the Budget of Bosnia and Herzegovina within 6 (six) months after this judgment became final. If the accused fails to pay the fine within the set time limit, the Court shall substitute it with imprisonment pursuant to Article 47(2) of the CC BiH. Pursuant to Articles 110 and 111 of the CC BiH, the gain acquired by the accused Tino Kapetan through the commission of the offense in the amount of 300.00 euros is confiscated from the accused. The motion of the Prosecutor’s Office of BiH to confiscate 7,950.00 euros and 8,500.00 BAM from the accused Tino Kapetan (seized under a receipt issued by the State Investigation and Protection Agency of 26 September 2019) is dismissed, and the referenced amounts are to be returned to the accused after the judgment becomes final. Pursuant to Articles 110 and 111 of the CC BiH, the gain acquired by the accused Dejan Damjanović through the commission of the offense in the amount of 300.00 euros is confiscated from the accused. Pursuant to Article 198(2) of the CPC BiH, the accused Tino Kapetan and Dejan Damjanović are ordered to reimburse the damage caused to Bosnia and Herzegovina in the amount of 218.82 BAM each, paying the amounts into the Budget of BiH within 30 (thirty) days after this judgment became final. Instrumentalities are confiscated from the case and they are also ordered to pay costs of the judicial proceeding. Case no. S1 2 K 029157 19 K shall henceforth be called Aleksandar Tucikeš.

Tucikeš Aleksandar Case