On 22 November 2019, the Appellate Division Panel of the Court of Bosnia and Herzegovina issued a decision in the Zhang Jiaofen case, granting the appeal filed by the accused Zhang Jiaofen’s defense counsel, so the trial judgment of the Court of BiH of 22 July 2019 is revoked in the convicting part, and in that part a retrial is ordered before the Appellate Division Panel. The trial judgment remains unchanged in its acquitting, uncontested, part.
The trial judgment of the Court of BiH of 22 July 2019 found the accused Zhang Jiaofen guilty that by the acts described in the convicting part of the judgment she committed the criminal offense of Money Laundering under Article 209(3) of the Criminal Code of Bosnia and Herzegovina (CC BiH), for which she was sentenced to 5 (five) years of imprisonment. The same judgment acquitted the accused Zhang Jiaofen of the charges that by the acts described in the acquitting part of the judgment she committed the criminal offense of Tax Evasion under Article 210(4) of the CC BiH as read with Article 54 of the CC BiH. The accused legal entity Zhang d.o.o. Sarajevo was acquitted of the charges that it committed the criminal offense of Tax Evasion under Article 210(4) of the CC BiH, as read with Article 124(a) and (c) of the CC BiH.
At a plea hearing held on October 02 2018 in the case of Jiaofen Zhang et al., the accused Jiafoen Zhang and the legal entity Zhang doo Sarajevo entered a not guilty plea: Zhang Jiaofen, continued criminal offense of Tax Evasion or Fraud under Article 210(4) of the CC BiH in conjunction with Article 54 of the CC BiH and the criminal offense of Money Laundering under Article 209(3) of the CC BiH, all in conjunction with Article 53 of the CC BiH; the legal entity Zhang d.o.o. Sarajevo, the criminal offense of Tax Evasion or Fraud under Article 210(4) of the CC BiH in conjunction with Article 124(a) and (c) of the CC BiH.
Having held the main trial in the criminal case against the accused Zhang Jiaofen et al., on 22 July 2019, the Court of Bosnia and Herzegovina handed down the first instance judgment acquitting the accused Zhang Jiaofen and the legal entity “Zhang” d.o.o. Sarajevo of the charges that, by the acts described in Sections 1 and 2 of the judgment operative part, they committed the following: the accused Zhang Jiaofen, a continued criminal offense of Tax Evasion or Fraud under Article 210(4) of the Criminal Code of BiH, as read with Article 54 of the CC BiH, and the legal entity “Zhang” d.o.o. Sarajevo, the criminal offense of Tax Evasion or Fraud under Article 210(4) of the Criminal Code of BiH, as read with Article 124. a) and c) of the Criminal Code of BiH.
The Court sentenced the accused Zhang Jiaofen to imprisonment for a term of 5 (five) years.
On 22 November 2019, the Appellate Division Panel of the Court of Bosnia and Herzegovina issued a decision in the Zhang Jiaofen case, granting the appeal filed by the accused Zhang Jiaofen’s defense counsel, so the trial judgment of the Court of BiH of 22 July 2019 is revoked in the convicting part, and in that part a retrial is ordered before the Appellate Division Panel. The trial judgment remains unchanged in its acquitting, uncontested, part.
The Appellate proceeding is in progress.
