Judgment Pronounced in Rejhan Raković et al.

29.09.2023, 15:00

Having held a guilty plea agreement consideration hearing and a sentencing hearing in the case of Rejhan Raković et al., on 28 September 2023 the Court of Bosnia and Herzegovina delivered and pronounced a Judgment finding the accused Rejhan Raković and Kenit Čakić guilty of the criminal offenses of Associating for the Purpose of Committing Criminal Offenses under Article 249 of the Criminal Code of Bosnia and Herzegovina (CC BiH) and Accepting Gifts or Other Forms of Benefit under Article 217 CC BiH, and the accused Kenit Čakić also the criminal offense of Giving Gifts and Other Forms of Benefit under Article 218 CC BiH.

The Court sentenced the accused as follows:

 

  • the accused Rejhan Raković, concerning the criminal offense of Associating for the Purpose of Committing Criminal Offenses under Article 249 CC BiH, to one (1) year of imprisonment; and concerning the criminal offense of Accepting Gifts or Other Forms of Benefit under Article 217 CC BiH to 3 (three) years and 6 (six) months of imprisonment; applying the relevant legal provisions the Court ultimately imposed a compound sentence of four (4) years of imprisonment. The time the accused spent in pre-trial custody, from 24 September 2021 to 2 February 2022, shall be credited towards his sentence of imprisonment.

 

  • the accused Kenit Čakić concerning the criminal offense of Associating for the Purpose of Committing Criminal Offenses under Article 249 CC BiH, a fine in the amount of 1,000.00 BAM (one thousand convertible marks); concerning the criminal offense of Accepting Gifts or Other Forms of Benefit under Article 217 CC BiH to ten (10) months of imprisonment; and concerning the criminal offense of Receiving Gifts or Other Forms of Benefit under Article 218 CC BiH to six (6) months of imprisonment; applying the relevant legal provisions the Court ultimately imposed a compound sentence of one (1) year of imprisonment and a fine in the amount of 1,000.00 BAM (one thousand convertible marks). The time the accused spent in pre-trial custody, from 24 September 2021 to 9 March 2022, shall be credited towards his sentence of imprisonment.

 

The instrumentalities were confiscated from the accused Rejhan Raković and Kenit Čakić, while the accused Rejhan Raković was also banned from carrying out a certain activity or duty in any of the police agencies in BiH for a period of (5) years, running from the day when the Judgment becomes final, noting that the time spent serving the sentence shall not be credited towards the duration of the imposed security measure.

 

The ill-gotten gain shall be confiscated from the accused as follows:

-   from the accused Rejhan Raković, the amount of 58,000.00 BAM and 25,900.00 EUR;

-   from the accused Kenit Čakić, the amount of 1,600.00 BAM.

 

The accused are, inter alia, found  guilty that, between November 2020 and 24 September 2021, in the territory of Bosnia and Herzegovina, the accused Rejhan Raković, in his capacity as an official person, employee at the BiH Border Police, Chairman of the Commission for Selection of Candidates – Cadets of Class XI of the BiH Border Police, after the Commission announced a public vacancy for the positions of “junior inspector” and the rank of “police officer” at the BiH Border Police, with the aim of obtaining gifts and property gain, knowingly and willingly put together a group of people for the purpose of committing criminal offenses codified by the Criminal Code of BiH, specifically Receiving Gifts and Other Forms of Benefit, which was, among other persons with criminal record, also joined by the accused Kenit Čakić, who has, under a previous arrangement with Rejhan Raković and following his instructions, repeatedly solicited and received money from candidates who applied for the vacant positions, so that Rejhan Raković, using his powers as the Commission Chairman, would make sure that they had a sufficient number of points to be officially appointed.

 

Legal remedy note: No appeal lies from the imposed criminal sanction, while the Judgment may be contested on other grounds by filing an appeal with an Appellate Division Panel of the Court of Bosnia and Herzegovina within 15 (fifteen) days of the day when a written copy thereof was received.