The State Court announced the entire final judgment by which the former federal prime minister Fadil Novalic, the suspended director of the Federal Administration of Civil Protection (FUCZ) Fahrudin Solak and the owner of the company “F.H. “Srebrena malina” Fikret Hodzic were sentenced to a total of 15 years in prison for abuses during the procurement of respirators during the coronavirus pandemic, and former finance minister Jelka Milicevic was acquitted. The five most important parts of this decision are listed in this text.
The Appellate Panel rejected the appeals of the Prosecution and the Defense and upheld the verdict sentencing Novalic to four years in prison, Solak to a single sentence of six years, and Hodzic to five years in prison for abuse of office. “F.H. “Srebrena Malina” was declared responsible for disposing of illegally acquired property and fined 200,000 BAM.
Former Federal Minister of Finance Jelka Milicevic was acquitted of the charge of negligent work in the service. The judgment states that Novalic, Solak, Hodzic and the legal entity “F.H. Srebrena malina” were acquitted when it comes toassociation to commit criminal offenses related to abuse of position, receiving a reward or other form of benefit related to influence peddling, money laundering, falsification or destruction of business or commercial books, falsification of an official document, violation of the obligation to keep commercial and business books. But the verdict also states that Solak was convicted of forging a document.
The appellate panel, as well as the first-instance court, could not ignore the fact that from the communications, which preceded Hodzic‘s report to Novalic, there was a very detailed review of the market by the owner of “F. H. Srebrena malina“.
“Such a review of the market by the accused Hodzic would not be disputed if his certainty that the deal with the Government would be successful was not already visible in such communications, which already in such a place implies certainty in his relationship and direct contact with the prime minister at the time,” the Appellate Panel stated in its final deliberations on the sentencing part of the verdict.
Without Novalic, the crime could not have been carried out
Allegations of contradictions and incomprehensibility were also declared unfounded because the accused Novalic was found guilty as a co-perpetrator, while the explanation mentions acts of assistance.
It is clear, as stated in the judgment, that even when certain assistance is mentioned, it is “not done for the reason of assistance as a form of complicity, but of certain assistance as a decisive contribution through co-perpetration”, considering that without Novalic‘s actions, the crime would not have occurred. could not even have been carried out.
Solak’s actions favored Hodzic
According to the opinion of the Appellate Council, thanks to Solak’s active and key contribution as a representative of the contracting authority, the primary goal of completing the work solely for the purpose of favoring Hodzic was realized. The epilogue of Solak’s actions towards the Council is also in the forgery of an official document, all in order to achieve the agreed goal.
The disputed quality of respirators was not the main reason forthe decision
In the judgment, the Appellate Council considers that it is about “highly questionable quality of respirators”, but at the same time considers that the issue of quality is not decisive for the decision in this criminal matter.
“The path to the procurement of the disputed respirators was the main in making decision, and such a path was illegal, therefore every case resulting from such procurement is also illegal, regardless of its essential quality,” the judgment states.
Adequate sentence
The Appellate Panel assessed that the prison sentences imposed on Novalic, Solak and Hodzic, as well as the company “Srebrena malina” were adequate, and the appeals of the Prosecution and the Defense were rejected as unfounded.
The negligent behavior of Milicevic was not obvious
The appeal of the Prosecutor’s Office that Jelka Milicevic, as the commander of the Federal Staff of Civil Protection and the Federal Minister of Finance, gave her consent for making decisions on the procurement of materials and equipment and for the allocation of funds, with the explanation that “the first instance court cannot be criticized for it.”, Detektor reports.
E.Dz.
