The Court of Bosnia and Herzegovina handed down, on 9 June 2020, the first instance judgment in the case of Božo Mihajlović finding the accused Božo Mihajlović guilty of the continued criminal offense of Lack of Commitment in Office under Article 224(2), in connection with Paragraph 1, all s read with Article 54 of the Criminal Code of Bosnia and Herzegovina. The Court sentenced the accused Božo Mihajlović to imprisonment for a term of five (5) years.
Pursuant to Article 198(2) of the Criminal Procedure Code of BiH, the accused Božo Mihajlović shall reimburse the injured party, the state of Bosnia and Herzegovina, the claim under property law in the amounts as follows: in relation to Section 1, the amount of EUR 1,210.00 and KM ,458.50; in relation to Section 2, the amount of KM 711.00 and EUR 150.00; in relation to Section 3, the amount of EUR 28,895.00, KM 48,750.00, HRK 20.00 and CHF 200.00; in relation to Section 4, the amount of EUR 150.00 and KM 8.50; in relation to Section 5, the amount of KM 1,302.00 and EUR 290.00; in relation to Section 6, the amount of KM 2,120.30, EUR 870.00 and RSD 950.00; in relation to Section 7, the amount of USD 4,870.00, EUR 17,670.00, and CHF 1,000.00; in relation to Section 8, the amount of EUR 2,100.00; in relation to Section 9, the amount of KM 26,700.00, EUR 13,440.00 and HRK 10,730.00; and in relation to Section 10, the amount of EUR 1,515.00, KM 906.00, USD 600.00 and RSD 100.00 in their KM counter values calculated pursuant to the exchange rate of the Central Bank valid on the payment day, all within a 30-day deadline after the judgment finality.
The accused Božo Mihajlović has been found guilty because, during the period of time between 15 November 2006 and 1 February 2015, while acting as the Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina, and since 10 March 2010, also as the Head of Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of BiH (POOK), he manifestly acted with negligence in the discharge of his official duties by failing to supervise the performance of Sadina Beridan – Zuhrić, who had worked as a typist since 15 November 2006, as a senior clerk-typist since 17 July 2008, and since 20 May 2011, as a specialist officer-typist at the Prosecutor’s Office of BiH, and assigned to work with Prosecutor Božo Mihajlović. Pursuant to the function he held, the powers vested upon him under the Criminal Procedure Code of Bosnia and Herzegovina and Articles 31 and 33, as read with Article 47(7) and Article 56 of the Rulebook on Internal Organization and Operations of the Prosecutor’s Office of BiH, No. A.301/03 of 6 November 2003, Articles 34 and 37, as read with Article 47h) and i) of the Rulebook on Internal Organization and Operations of the Prosecutor’s Office of BiH (“Official Gazette” of the FBiH, No. 31/10 of 31 March 2010), and Article 5 of the Code of Prosecutorial Ethics, all as read with Article 57(8), (9) and (23) of the Law on the High Judicial and Prosecutorial and Council of BiH, the accused Božo Mihajlović was under obligation to supervise her work, and by acting in the cases assigned to him, and the cases he was seised of as the Head of the POOK, and by conscientiously acting in violation of Articles 34 and 37 a) of the Rulebook on Internal Organization and Operations of the Prosecutor’s Office of BiH, of 31 March 2010, he enabled that the money seized in several cases of the Prosecutor’s Office of BiH be appropriated on several occasions.
