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The Prosecutor's Office of Bosnia and Herzegovina

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THE ACCUSED JASMIN SMAILAGIĆ (1959) CONCLUDED A PLEA AGREEMENT

28.03.2013. 15:33
The accused Jasmin SMAILAGIĆ concluded an Agreement on admission of guilt for the committed criminal offense of Impermissible Use of Copyrights under Article 243, Paragraph 1 of the Criminal Code of Bosnia and Herzegovina.

The accused Jasmin SMAILAGIĆ aka “Šeki” - born on July 20, 1959 in Bihać where he resides, citizen of BiH - entered into a plea agreement with the Prosecutor of Department III within the Prosecutor’s Office of BiH.

By virtue of signing the agreement the accused fully admitted committing the criminal offense he was charged with by the indictment of the Prosecutor’s Office of BiH issued on January 17, 2013 which was confirmed by the Court of BiH on January 23, 2013.

Pursuant to the Agreement the Prosecutor and the Defense agree that the accused Jasmin Smailagić be rendered a conditional imprisonment sentence in duration of six (6) months by the Court of BiH that shall not be executed providing that he does not commit another criminal offence within a two (2) year period, as well as that the items used in commission of the criminal offense be seized from him in accordance with Article 243, Paragraph 6 of the CC BiH.

The proposed sentence is in line with the role of the accused in commission of the criminal offense.

The indictment charges Jasmin Smailagić to have put 6.787 copyrighted works (movies and cartoons stored on CDs/DVDs)into circulation in his video store "Šeki" located in Bihać.

With this agreement the accused confirms that he is aware of the content of the indictment issued by the BiH Prosecutor's Office. He also confirms that the plea statement was given voluntarily, knowingly, with full understanding and undertakes to reimburse the costs of the criminal proceedings in the amount determined by the Court of BiH depending on the complexity of the proceeding.

Pursuant to this agreement the accused has waived his right to a trial and appeal to the criminal sanction that shall be rendered to him by the Court of BiH.

The agreement was 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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