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The Prosecutor's Office of Bosnia and Herzegovina

News

INDICTMENT ISSUED AGAINST MILANKA TAVRA (1965)

16.08.2013. 08:12
Prosecutor of Department III issued an indictment against Milanka Tavra charging her with the criminal offense of Impermissible Use of Copyrights under Article 243 Paragraphs 1 and 4 of the Criminal Code of BiH.

Department III of the Prosecutor's Office of BiH issued an indictment against Milanka Tavra, born February 23, 1965 in the municipality of Zrenjanin in Serbia, residing in Zvornik, BiH citizen.

The indictment charges Milanka Tavra to have on April 23, 2013 put into circulation a large quantity of optical media in the premises of "Intermezzo" shop located in Brod, whose director she is, aware that those were the so-called "pirate" copies made contrary to Article 20 Paragraph 2 of the Law on Copyright and Related Rights ("Official Gazette" no. 63/10), without the permission of the author, other copyright holder or a person authorized to give permission in accordance with the BiH law. The total of 1,323 items with various content i.e. music, movies PC games were found in the facility during the search and seized.

As alleged in the indictment, during the search of the premises many items intended for commission of a crime - plastic boxes, paper covers for CDs/DVDs were found as well. The accused has kept them in order to put them into circulation, contrary to the above-mentioned Article 20, Paragraph 2 of the Law on Copyright and Related Rights without any permission of the author, other copyright holder or a person authorized to give permission under the laws of BiH, and was prevented in her intent with the search.

The accused Milanka Tavra has,  in this way,  put copyrights into circulation without any permission of the author or other copyright holder and has kept items aware that those are intended for commission of a criminal offense or created though commission of the criminal offense of Impermissible Use of Copyrights  and is thus charged with the criminal offense of Impermissible Use of Copyrights under Article 243, Paragraphs 1 and 4 of the Criminal Code of BiH.

The indictment was forwarded to the Court of BiH for confirmation.


*Note on the principle of presumption of innocence

This announcement does not prejudice the outcome of the criminal proceedings and does not violate the principle of the presumption of innocence. A person shall be considered innocent of a crime until guilt has been established by a final verdict (Article 3, paragraph 1 of the CPC BiH).

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