Railways Serbia
More resultsIntroduction
In April 2013, the Higher Court in Belgrade sentenced the former director of the public enterprise Railways of Serbia Milanko Šarančić to five years in prison, and his two associates Zoran Milićević and Milorad Čelebić to four years in prison, for abuse of office and direct violation of the Law on Public Procurement. Another defendant, Dragoslav Pejčić, was acquitted.
- Country
- Serbia
- Sector
- Public finance
- Offence
- Abuse of office
- Phase
- 2nd instance verdict
Description of the case
In April 2013, the Higher Court in Belgrade sentenced the former director of the public enterprise Railways of Serbia Milanko Šarančić to five years in prison, and his two associates Zoran Milićević and Milorad Čelebić to four years in prison, for abuse of office and direct violation of the Law on Public Procurement. Another defendant, Dragoslav Pejčić, was acquitted.
The court found that the defendants had caused damages of €908,000 to the public company Railways of Serbia through the controversial procurement of locomotives and trains.
Six diesel electric locomotives were purchased from Slovenian Railways and ten diesel vehicles from Sweden Rail, resulting in damages to the Serbian public enterprise because the same procurement could have been made in Serbia at a lower cost. For each of the 33-year old locomotives purchased from Slovenian Railways, roughly €400,000 was paid even though the Slovenian company had sold the locomotives to an initial buyer at €350,000 each. The supplier of the locomotives was a boutique registered at several false addresses and owned by Čelebić, who is one of the defendants.
The judge explained that the same scheme was used in both controversial procurements. Railways of Serbia received bids before the tender was published and the first offered price was always final. Locomotives from Slovenia were purchased at a significantly higher price through an intermediary company and not directly from the Slovenian bidder. The same thing occurred with the Swedish locomotives.
In July 2015, the Appellate Court overturned the first instance verdict and ordered a retrial. In March 2019, the Higher Court in Belgrade cleared the defendants of all charges and finally, in May 2021, the Appellate Court confirmed the second first instance verdict.
Applicable corruption offence
Abuse of office
Other laws breached
The Law on Public Procurement was breached because the public company Railways of Serbia received bids before a tender procedure was published and the first offered price was final.
Suspects' institutional affiliation
Director of the public enterprise Railways of Serbia
Sector affected
Public procurement
Court
Higher Court in Belgrade
Current phase of the case in criminal procedure
2nd instance verdict
Procedural history
The Higher Court issued its first instance verdict on 11 April 2013.
The Appellate Court overturned the first instance verdict and ordered a retrial on 28 July 2015.
The Higher Court issued its second first instance verdict on 12 March 2019.
The Appellate Court confirmed the second first instance verdict on 27 May 2021.
Resolution of the case
Verdict issued on 12 March 2019 and confirmed on 27 May 2021
The Higher Court in Belgrade determined that there was insufficient evidence against several former railway officials and their associates to support the accusations of embezzlement, which had allegedly caused damages of least €908,000 to Railways of Serbia. Therefore, the three defendants were ultimately acquitted of the charges.
Applicable minimum and maximum penalty
From two to 12 years’ imprisonment
Charges pressed by the prosecutor in the actual case (including the penalties requested)
At the request of the Serbian Prosecutor's Office for Organised Crime, the Special Court conducted an investigation against Milanko Šarančić, Zoran Milićević, Milorad Čelebić and Dragoslav Pejčić, on suspicion of abusing their official position and causing damages of initially more than €1,240,000 to the Serbian budget.
Šarančić and his associates were arrested on 2 June 2010. Then, on 3 September 2019, the Belgrade Appellate Court extended their detention by three months because of the danger of flight and fears that they would tamper with witnesses or hide and alter evidence during the investigation, for which they faced a sentence of over 10 years in prison.
Sanctions enforced
none
Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of December 2020. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.