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The Prosecutor's Office of Bosnia and Herzegovina

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THREE PERSONS ACCUSED OF ORGANIZING A GROUP OR FOR SMUGGLING OR DISTRIBUTION OF GOODS ON WHICH DUTIES WERE NOT PAID CONCLUDED PLEA AGREEMENTS. ONE OF THE ACCUSED PLEADED GUILTY FOR ILLICIT TRAFFICKING IN NARCOTIC DRUGS

10.03.2014. 15:19
The accused persons Zlatan Topčagić, Simo Simić and Duško Mirošljević, concluded plea agreements expressing their guilt for the criminal offense of Smuggling of Goods under Article 214 and the criminal offense of Organizing a Group or Association for Smuggling or Distribution of Goods on Which Duties Were Not under Article 21; the accused Topčagić expressed his guilt for the criminal offense of Illicit Trafficking in Narcotic Drugs under Article 195, Paragraph 1 of the CC BiH, all in conjunction with article  53 of the same Code.
  • THREE PERSONS ACCUSED OF ORGANIZING A GROUP OR FOR SMUGGLING OR DISTRIBUTION OF GOODS ON WHICH DUTIES WERE NOT PAID CONCLUDED PLEA AGREEMENTS. ONE OF THE ACCUSED PLEADED GUILTY FOR ILLICIT TRAFFICKING IN NARCOTIC DRUGS

The following persons entered into plea agreements with the Prosecutor of the Special Department for Organized crime Economic Crime and Corruption within the Prosecutor's Office of BiH:

- Zlatan Topčagić, aka „Kina“ and „Kinez“, born on January 29, 1983 in Šamac, with previous convictions, citizen of BiH,

- Simo Simić, born on January 9, 1985 in Brčko, with registered residence in Šamac, with prior convictions, citizen of BiH and

- Duško Mirošljević, born on March 15, 1979 in Banjaluka, with registered residence in Banjaluka, citizen of BiH.

By virtue of signing the agreements the accused persons fully admitted committing the criminal offenses they were charged with by the indictment of the Prosecutor’s Office of BiH issued on December 30, 2013.

Pursuant to the agreements the Prosecutor, the Defense Attorneys and the Accused Persons agree that they be rendered the following  sentences by the Court of BiH:  and an additional sentence in the form of a BAM 150.000 fine which he will have to pay within the deadline of six (6) months. To Zlatan Topčagić a single imprisonment sentence  in the duration of two (2) to three (3) years; to Simo Simić a single conditional imprisonment sentence in the duration of two (2) years, which will not be executed providing that the accused does not commit another criminal offense within the next five (5) years, and to Duško Mirošljević a single conditional imprisonment sentence in duration of one (1) year and six (6) months, which will not be executed providing that the accused does not commit another criminal offense within the next three (3) years.

Pursuant to Article 110 of the CC BiH the ill-gotten profit of € 500 shall be forfeited from the accused Zlatan Topčagić.

In accordance with the agreements a security measure shall be imposed on the accused persons, in line with Article 74 of the CC BiH, i.e. forfeiture of items used intended for use in the commission of the criminal offense.  The narcotic drug Cocaine shall be forfeited from the accused Zlatan Topčagić pursuant to Article 195, Paragraph 4 of the CC BiH.

The proposed sentence is in line with the roles of the accused persons in commission of the criminal offenses listed in the indictment v. Zlatan Topčagić et al.

With these agreements the accused persons confirm that they are aware of the content of the indictment of the Prosecutor’s Office of BiH. They also confirm that the plea statements were given voluntarily, knowingly, with full understanding and without coercion or persuasion and they undertake to pay the costs of the proceedings in the amount that may eventually be determined by the Court of BiH.

By virtue of signing these plea agreements all of the accused persons have pledged to testify about all the facts concerning this criminal case i.e. about all perpetrators, co-perpetrators and accomplices in the commission of the criminal offences listed in the indictment. Hence, the accused persons have pledged to testify before the Court of BiH when summoned.

Pursuant to these agreements the accused have waived their right to a trial as well as their right to appeal the criminal sanction that shall be rendered to them by the Court of BiH.

The agreements were submitted to the Court of BiH.


*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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