Appeals Judgment Pronounced in Zijad Mutap et al.

21.07.2023, 12:34

On 21 July 2023 the Appellate Division Panel of the Court of Bosnia and Herzegovina delivered an Appeals Judgment in the case of Zijad Mutap et al., finding the accused Hasan Dupovac and Alisa Ramić guilty that by the acts described in the operative part of the Judgment they committed the following offenses:

  • the accused Hasan Dupovac, the continued criminal offense of Abuse of Office or Official Authority under Article 383(1) of the Criminal Code of BiH Federation, as read with Article 55 of the Code,
  • the accused Alisa Ramić, the criminal offense of Giving False Statement under Article 348(3) as read with Paragraph 1 of the Criminal Code of BiH Federation.

 

Applying the foregoing statutory provisions, as well as Articles 41, 42, 43 and 49 of the Criminal Code of FBiH, the Court sentenced the accused Hasan Dupovac to 3 (three) years of imprisonment, and the accused Alisa Ramić to two (2) years and 6 (six) months of imprisonment. The time the accused spent in pre-trial custody, specifically Hasan Dupovac from 1 February 2021 to 15 July 2021, and Alisa Ramić from 16 June 2021 to 15 July 2021, shall be credited towards their respective prison sentences.

 

Conversely, pursuant to Article 284 c) CPC BIH, the accused Zijad Mutap, Alisa Ramić, Hasan Dupovac, Josip Barić and Muamer Ožegović are all acquitted of the charges, for it was not proven that they committed the criminal offenses charged against them by the Indictment, namely the criminal offense of Organized Crime under Article 342, Paragraphs 2 and 3, as read with the criminal offenses of Illegal Interceding under Article 382(2) CC FBiH, Accessory After the Fact under Article 346(2) CC FBiH, and Tampering with Evidence under Article 349(1) CC FBiH.

 

An appeal from the convicting part of the Judgment may be filed with the Third-Instance Panel of the Court within 15 days of the receipt of a written copy of the Judgment, whereas no appeal lies from the acquitting part of the Judgment.