On 30 May 2019, the Appellate Panel of the Court of Bosnia and Herzegovina rendered a decision in the criminal case against the accused Jerko Ivanković-Lijanović et al., granting the appeals filed by defense attorneys for the accused Jerko Ivanković Lijanović, Slavo Ivanković Lijanović, Milorad Bahilj and Mirko Galić. In relation to the referenced appeals, and by applying Article 309 of the Criminal Procedure Code of BiH also on the accused Jozo Slišković, Željko Mikulić, Draženko Kvesić, Mirjana Šakota, Miroslav Čolak, and the legal entities “Farmer” d.o.o. Široki Brijeg, “Farmko” d.o.o. Široki Brijeg and “Optimum” d.o.o. Široki Brijeg, the Trial Judgment of the Court of BiH of 22 October 2018 was revoked in its convicting part, and a hearing ordered to be held before the Panel of the Appellate Division of the Court of Bosnia and Herzegovina.
The Trial Judgment of the Court of BiH of 22 October 2018 found the accused Jerko Ivanković Lijanović, Slavo Ivanković Lijanović, Milorad Bahilj, Jozo Slišković, Željko Mikulić, Draženko Kvesić, Mirjana Šakota, Mirko Galić and Miroslav Čolak guilty of committing the criminal offenses as follows:
The accused Jerko Ivanković Lijanović, under Sections 1 and 10 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(3) of the Criminal Code of Bosnia and Herzegovina (CC BiH), in connection with Article 29 of the CC BiH, and as read with the criminal offense of Money Laundering under Article 209(3) of the CC BiH;
The accused Slavo Ivanković Lijanović, under Sections 1 and 11 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(3) of the CC BiH as read with Article 29 of the CC BiH, in conjunction with the criminal offense of Money Laundering under Article 209(3) of the CC BiH;
The accused Milorad Bahilj, under Sections 1 and 5 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(2) of the CC BiH in conjunction with the criminal offense of Tax Evasion under Article 210(3) of the CC BiH as read with Article 31 of the CC BiH; and under Section 2 of the Operative Part of Judgment – the criminal offense of Counterfeiting or Destruction of Business or Trade Books or Documents under Article 261(2) of the CC FBiH, all as read with Articles 31 and 53 of the CC BiH;
The accused Jozo Slišković, under Sections 1 and 3 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(2) of the CC BiH, in conjunction with the criminal offense of Failure to Pay Taxes under Article 211 of the CC BiH; under Section 5 of the Operative Part of Judgment – the criminal offense of Tax Evasion under Article 210(3) of the CC BiH; and under Section 4 of the Operative Part of Judgment – the criminal offense of Counterfeiting or Destruction of Business or Trade Books or Documents under Article 261(2) of the CC FBiH, all as read with Articles 31 and 53 of the CC BiH;
The accused Željko Mikulić, under Sections 1 and 5 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(2) of the CC BiH as read with the criminal offense of Tax Evasion under Article 210(3) of the CC BiH; and under Section 7 of the Operative Part of Judgment – the criminal offense of Money Laundering under Article 209(3) of the CC BiH, all as read with Articles 31 and 53 of the CC BiH;
The accused Draženko Kvesić, under Sections 1 and 6 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(2) of the CC BiH, in conjunction with the criminal offense of Tax Evasion under Article 210(3) of the CC BiH; and under Section 7 of the Operative Part of Judgment – the criminal offense of Money Laundering under Article 209(3) of the CC BiH, all as read with Articles 31 and 53 of the CC BiH;
The accused Mirjana Šakota, under Sections 1 and 8 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(2) of the CC BiH, in conjunction with the criminal offense of Tax Evasion under Article 210(3) of the CC BiH and with the criminal offense of Money Laundering under Article 209(3) of the CC BiH, all as read with Article 31 and 53 of the CC BiH;
The accused Mirko Galić, under Sections 1 and 8 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(4) of the CC BiH, in conjunction with the criminal offense of Tax Evasion under Article 210(3) of the CC BiH, all as read with Article 31 of the CC BiH;
The accused Miroslav Čolak, under Sections 1 and 9 of the Operative Part of Judgment – the criminal offense of Organized Crime under Article 250(4) of the CC BiH, as read with the criminal offense of Money Laundering under Article 209(3) of the CC BiH.
In that regard, for the foregoing offenses the Court sentenced the accused Jerko Ivanković Lijanović to 12 (twelve) years of imprisonment, plus an accessory punishment (fine) in the amount of KM 50,000.00.
The Court sentenced the accused Slavo Ivanković Lijanović for the foregoing criminal offenses to 10 (ten) years of imprisonment and imposed on him, as an accessory punishment, a fine in the amount of KM 30,000.00.
The Court imposed on the accused Milorad Bahilj and the accused Jozo Slišković each for the foregoing criminal offenses a compound sentence of imprisonment for a term of 5 (five) years and 10 (ten) months.
The Court sentenced the accused Željko Mikulić, Draženko Kvesić and Mirko Galić for the foregoing criminal offenses to 3 (three) years of imprisonment each.
The Court sentenced the accused Mirjana Šakota and Miroslav Čolak for the foregoing criminal offenses to 5 (five) years of imprisonment each.
Under the Trial Judgment, pursuant to Articles 110 and 111 of the Criminal Code of BiH, the proceeds of crime were confiscated as follows: from the accused Jerko Ivanković Lijanović the laundered money in the amount of KM 474,950.13 by way of unlawfully obtained property gain; from the accused Slavo Ivanković Lijanović, the laundered money in the amount of KM 409,017.87 by way of unlawfully obtained property gain, and from the accused Miroslav Čolak the laundered money in the amount of KM 2,559,018.44 and the amount of 4,150,000.00 KM, that is, KM 6,709,018.44 in total by way of unlawfully obtained property gain.
The accused legal entity Farmer doo Široki Brijeg was found responsible, under Section 1 and Section 11 of the enacting clause of the Judgment, of committing the criminal offense of Organized Crime under Article 250(2) of the CC BiH, as read with the criminal offense of Failure to Pay Taxes under Article 211 of the CC BiH.
The accused legal entity Farmko d.o.o. Široki Brijeg was found responsible, under Section 1 and Section 12 of the enacting clause of the Judgment, for committing the criminal offense of Organized Crime under Article 250(2) of the CC BiH, in conjunction with the continued criminal offense of Tax Evasion under Article 210(3) of the CC BiH.
The accused legal entity Optimum d.o.o. Široki Brijeg was found responsible, under Section 1 and Section 13 of the enacting clause of the Judgment, for committing the criminal offense of Organized Crime under Article 250(2) of the CC BiH, as read with the criminal offense of Tax Evasion under Article 210(3) of the CC BiH.
In this regard, the Court fined the legal entity Farmer doo Široki Brijeg with the amount of KM800,000.00; the legal entity Farmko doo Široki Brijeg with the amount of KM 2,000,000.00; the legal entity Optimum doo Široki Brijeg with the amount of KM 200,000.00.
Under the Trial Judgment, pursuant to Articles 110 and 111 of the CC BiH, the proceeds of crime were confiscated as follows:
From the accused legal entity Farmer doo Široki Brijeg, the unpaid VAT in the amount of KM 834,158.00as unlawfully obtained property gain; from the accused legal entity Farmko doo Široki Brijeg, the evaded VAT in the amount of KM 1,965,631.00 as unlawfully obtained property gain; from the accused legal entityOptimum doo Široki Brijeg, the evaded VAT in the amount of KM 260,714.87 as unlawfully obtained property gain.
In relation to the accused Slavo Ivanković Lijanović, Milorad Bahilj, Mirko Galić, the legal entity Lijanovići d.o.o. Široki Brijeg and the legal entity Mi-Mo Mostar the charges that they committed the criminal offenses below were dismissed as follows:
The accused Slavo Ivanković Lijanović, the criminal offense of Tax Evasion under Article 210(2) of the CC BiH; the accused Milorad Bahilj, the criminal offense of Failure to Pay Taxes under Article 211(3) of the CC BiH; the accused Mirko Galić, the criminal offense of Counterfeiting or Destruction of Business or Trade Books or Documents under Article 261(2) of the CC FBiH; the legal entity Lijanovići doo Široki Brijeg, the criminal offense of Tax Evasion under Article 210(2) of the CC BiH; the legal entity Mi-MO doo Mostar, the criminal offense of Failure to Pay Taxes under Article 211 of the CC BiH.
Jozo Ivanković Lijanović was acquitted of the charges that he committed the criminal offense of Organized Crime under Article 250(3) of the CC BiH, as read with Article 29 of the CC BiH, all as read with the criminal offense of Money Laundering under Article 209(3) of the CC BiH.
