On 1 June 2020, the Appellate Panel of the Court of Bosnia and Herzegovina delivered an appeals judgment in the case of Ernad Nukić et al. refusing as ill-founded the appeal filed by the Prosecutor’s Office of Bosnia and Herzegovina, while upholding the judgment of the Court of BiH of 3 March 2020.
The trial judgment of the Court of BiH dated 3 March 2020 acquitted the accused Ernad Nukić, Šekib Nukić and the legal entity DAMA d.o.o. Živinice of the charges as follows: that the accused Ernad Nukić – through the acts described under Counts 2, 4, 5, 6, 7, 8 and 9 of the Indictment – committed the criminal offense of Organized Crime under Article 250(2) of the Criminal Code of BiH (CC BiH), as read with the continued criminal offense of Customs Fraud under Article 216(2) CC BiH, as read with the criminal offense of Money Laundering under Article 209(2) CC BiH, as read with the criminal offense of Forging of Documents under Article 373(1) of the CC of the Federation of BiH (FBiH) and as read with the criminal offense of Aggravated Theft under Article 287(1)a) and (2)a) of the CC FBiH, as read with Article 286(1) CC FBiH;
That the accused legal entity Damao.o. Živinice – through the acts described under Counts 2 and 10 of the Indictment – committed the criminal offense of Organized Crime under Article 250(2) CC BiH, as read with the continued criminal offense of Customs Fraud under Article 216(2) CC BiH, as read with Article 54 CC BiH, as read with the criminal offense of Money Laundering under Article 209(2) CC BiH, as read with the criminal offense of Forging of Documents under Article 373(1) CC FBiH, all as read with Article 125(4) CC BiH;
And that the accused Šekib Nukić – through the acts described under Counts 1, 2 and 3 of the Indictment – committed the criminal offense of Organized Crime under Article 250(2) CC BiH, as read with the continued criminal offense of Customs Fraud under Article 216(2) CC BiH, as read with Article 54 CC BiH, as read with the criminal offense of Money Laundering under Article 209(2) CC BiH, as read with the criminal offense of Forging of Documents under Article 373(1) CC FBiH, and as read with the criminal offense of Aggravated Theft under Article 287(1)a) and (2)a) of the CC FBiH, as read with Article 286 CC FBiH.