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The Prosecutor's Office of Bosnia and Herzegovina

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PERSON ACCUSED OF SMUGGLING OF PERSONS CONCLUDED A PLEA AGREEMENT

27.12.2013. 15:12
A person accused of committing the criminal offense of Organized Crime under Article 250, Paragraph 1 in conjunction with the criminal offense of Smuggling of Persons under Article 189, Paragraph 1 of the CC BiH concluded an Agreement on Admission of Guilt.
  • PERSON ACCUSED OF SMUGGLING OF PERSONS CONCLUDED A PLEA AGREEMENT

The accused Gani Kovači – born on April 10, 1960 in Podujevo in Kosovo, residing in Mostar, citizen of BiH, entered into plea agreement with the Prosecutor of the Special Department for Organized Crime, Economic Crimes and Corruption within the Prosecutor’s Office of BiH. Gani Kovači was sentenced previously, back in 2003, for the criminal offense of Smuggling of Persons under Article 189 of the CC BiH to one (1) year of imprisonment and had served it. He is currently serving an imprisonment sentence of eight (8) years rendered by a first instance verdict of the Court of BiH on April 8, 2010 also for the criminal offense of Organized Crime under Article 250, in conjunction with the criminal offense of Smuggling of Persons under Article 189 of the CC BiH.

The Prosecutor agrees that the accused be rendered an unconditional imprisonment sentence in duration of one (1) year by the Court of BiH , and having in mind that the accused Gani Kovači has already been sentenced to eight (8) years of imprisonment, that  articles 53 and 54 of the CC BiH as well as Articles 48, 49 and 50 of the CC BiH be applied in terms of rendering a single imprisonment sentence of eight (8) years and three (3) months.

By virtue of signing the agreement the accused person fully admitted committing the criminal offenses he was charged with by the indictment of the Prosecutor’s Office of BiH issued on December 3, 2013. The proposed sentence is in line with the role of the accused persons in commission of the criminal offenses listed in the indictment as well as aggravating and mitigating circumstances for the accused.

The accused Gani Kovači is charged to have, during time between the rendering of the aforementioned verdict of the Court of BiH and going to prison i.e. during the period from February 10, 2009 to March 26, 2009 as a member of an international criminal organization involved in smuggling of persons in order to acquire unlawful gain, participated in the organization, supervision and realization of the unlawful transfer of a large number of illegal migrants from Kosovo via Bosnia and Herzegovina, Croatia and Slovenia to Italy. The accused has, in cooperation with one or more unidentified persons from the territory of Kosovo, organized the arrival of illegal migrants on the territory of Bosnia and Herzegovina and their stay in the Mostar area, and has then, in cooperation and consultation with persons known to him, coordinated their transfer across the border of  BiH and the Republic of Croatia and into Italy.

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 and knowingly, with full understanding of its legal consequences in accordance with Article 231 of the Criminal Procedure Code of Bosnia and Herzegovina.

Pursuant to this agreement the accused has waived his right to a trial as well as his right to appeal 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

Dear Media Representatives, when transmitting news please bear in mind that persons referred to in the news and information of the BiH Prosecutor's Office, have the status of a suspect or an accused person. Let us remind you of the principle of presumption of innocence, which defines that no person shall be considered guilty until his/her guilt has been established by a final verdict.

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