Influencing court verdicts “Kurir”
More resultsIntroduction
The case involves an alleged scheme that took place between 2013 and 2016 to illegally register property ownership in civil court proceedings.
According to the indictment, an organised criminal group was formed of three lawyers (Ismet Hamzić, Esad Hrvačić and Samina Skopak), a judge (Milena Rajić), five court employees and other accomplices (Mirsada Alić, Pero Vuković, Zaim Spahović, Tanja Jović, Branka Husanović, Muamer Pit and Elmin Džino).
- Country
- Bosnia and Herzegovina
- Sector
- Public institutions
- Phase
- 1st instance procedure
Description of the case
The case involves an alleged scheme that took place between 2013 and 2016 to illegally register property ownership in civil court proceedings.
According to the indictment, an organised criminal group was formed of three lawyers (Ismet Hamzić, Esad Hrvačić and Samina Skopak), a judge (Milena Rajić), five court employees and other accomplices (Mirsada Alić, Pero Vuković, Zaim Spahović, Tanja Jović, Branka Husanović, Muamer Pit and Elmin Džino).
The group identified potential clients who were interested in registering as property owners in court proceedings. Bribed court employees assigned the cases to judge Milena Rajić. Court couriers then forged signatures so that it appeared that the defendants had been summoned to trial. Since the defendants were unaware of the hearings and could not attend, lawyer Ismet Hamzić asked the court to issue default judgements (Article 182 of the Civil Procedure Law) and accept the plaintiff’s claim.
The indictment claims that judge Rajić made an illegal default judgement in 46 cases for property worth KM5.4 million (€2.7 million). The group attempted to do the same in a further 17 cases for property valued at KM2.9 million (€1.5 million). Hence, rightful property owners were damaged or could have been damaged for a total of KM8.3 million (€4.2 million).
The lawyer Hamzić personally gained KM128,000 (€65,400) in lawyers’ fees and judge Jović KM11,000 (€5,600). As the criminal scheme involved such a large number of people from different sections of the judiciary, it has undermined trust in the judicial system (see here).
Suspects’ institutional affiliation
The highest-ranking suspect, Milena Rajić, is a suspended judge at the Municipal Court of Sarajevo (see here).
Date of offending
Sector affected
Public institutions
Related developments
None
Court
The case is being heard before the Cantonal Court of Sarajevo.
Related domestic or foreign cases
None
Current stage of the case in criminal procedure
1st instance procedure
Applicable corruption offence
According to the indictment of 18 May 2017, the group is charged with:
- Organised crime (Article 342[3] of the Criminal Code of the Federation of Bosnia and Herzegovina) with respect to the criminal offence of abuse of position or authority (Article 383[3] in conjunction with paragraph 1)
- Forgery of official documents (Article 389, paragraph 1)
- Forgery of documents (Article 373[2])
- Giving gifts and other forms of benefits (Article 381, paragraph 1)
- Receiving gifts and other forms of benefits (Article 382[1])
- Violation of Law by a judge (Article 357)
Procedural history
The indictment was confirmed by the Cantonal Court of Sarajevo Canton on 19 May 2017. The trial began on 17 October 2017 (see here).
In the course of the trial, the Prosecutor’s Office issued an indictment against Ismet Hamzić, Mirsada Alić, Pero Vuković, Zaim Spahović, Tanja Jović and Milena Rajić, and called this case “Kurir 2”. The defendants have been charged with the same offences but over a longer time span (from 2010 to 2016).
Obstacles
There are no significant obstacles in the case at this point. However, after the indictment was confirmed on 12 September 2017, the defence submitted a motion for dismissal of the judge presiding over the case, Sanela Rondić, on the grounds that she will be biased because she delivered some of the verdicts in which the defendants were involved. The motion was dismissed. The problem also occurred because the defence objected to the anonymisation of the names of the judges in the indictment (see here).
Defendants Džino, Husanović and Hrvačić signed an agreement on admission of guilt and they are excluded from the case. Hrvačić was sentenced to a year in prison.
Resolution of the case
N/A
Applicable minimum and maximum penalty
- Minimum 10 years or long-term imprisonment for organised crime (Article 342[3] of the Criminal Code), with respect to the criminal offence of abuse of position or authority (Article 383[3] in conjunction with paragraph 1)
- Six months to 5 years of prison for forgery of official documents (Article 389, paragraph 1 and Article 373[2])
- Six months to 5 years for giving gifts and other forms of benefits (Article 381, paragraph 1)
- Up to 3 years of prison for receiving gifts and other forms of benefits (Article 382[1])
Charges pressed by the prosecutor and the actual case including penalties requested
- Organised crime (Article 342[3] of the Criminal Code) with respect to the criminal offence of abuse of position or authority (Article 383[3] in conjunction with paragraph 1)
- Forgery of official documents (Article 389, paragraph 1)
- Forgery of documents (Article 373[2])
- Giving gifts and other forms of benefits (Article 381, paragraph 1)
- Receiving gifts and other forms of benefits (Article 382[1])
The Prosecutor’s Office requested the extension of temporary measures prohibiting the defendants from working as lawyers. After a temporary detention, all defendants were released in 2017 (see here and here).
Sanctions imposed
N/A
Sanctions enforced
N/A
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