Deciding on the Motion for pre-trial custody filed by the BiH Prosecutor’s Office against the suspect Darko Marčetić and on Motion for prohibitive measures against suspect Adnan Aličić, on 7 December 2018 the Court of Bosnia and Herzegovina issued a decision granting the Prosecutor’s Motion in full, ordering the suspect Darko Marčetić into pre-trial custody. Pre-trial custody was ordered on the grounds set forth in Article 132(1)b) of the Criminal Procedure Code of Bosnia and Herzegovina, specifically on the grounds of concern because of possible interference with the witnesses, concealment or destruction of evidence. According to the decision, custody may last for a maximum period of one month running from the day of arrest, which means until 6 January 2019 or pending a new decision by the Court.
The Court imposed the following prohibitive measures on the suspect Adnan Aličić: travel ban, ban on meeting certain individuals, and obligation to report to a specific state authority. The prohibitive measures shall last for as long as necessary, but not beyond the date when the judgment becomes final in case no sentence of imprisonment was imposed, or until he is committed to serving his sentence of imprisonment, if one has been imposed by the judgment, or pending a different decision by the Court. The justifiability of these measures shall be checked on a bi-monthly basis. The suspect may be ordered into custody if he fails to abide by the prohibitive measures.
The Court found the existence of grounded suspicion that Darko Marčetić committed the criminal offense of Abuse of Office or Authority under Article 220(1) of the Criminal Code of Bosnia and Herzegovina (CC BiH) and the criminal offense of Extortion under Article 295(1) of the Criminal Code of the Federation of Bosnia and Herzegovina (CC FBiH), all as read with Article 53 of the CC BiH, and Adnan Aličić the criminal offense of Extortion under Article 295(1) of the CC FBiH, as read with Article 54 of the CC BiH.
