Court of BiH Appellate Panel to Rule on Fikret Hodžić and Srebrena malina Case within 30 Days

(Patria) - Within the next 15 to 30 days, the Appellate Panel of the Court of BiH, composed of Amela Huskić, Staniša Gluhajić, and Redžib Begić, will make a decision on the Fikret Hodžić and Srebrena malina legal entity case after the Constitutional Court of BiH annulled and revoked the verdict of 02.11.2023.

Fikret Hodžić's lawyer, Mirna Avdibegović, today reiterated the appeal against the part of the verdict that was annulled by the Constitutional Court's decision, and requested an acquittal for Fikret Hodžić and the legal entity Srebrena malina, because, according to her claims, no other decision can be made in this legal matter.

She reiterated that until the first-instance verdict, the accused were not informed of the charges against them, nor could they have anticipated being convicted of abuse of position.

She noted that the Court of BiH should have removed all doubt regarding the legal qualification for which Hodžić and Srebrena malina were convicted, a point also highlighted by the Constitutional Court of BiH.

She particularly emphasized that the Constitutional Court of BiH determined that the right to a fair defense was violated, not that the verdict was insufficiently reasoned, which was addressed by prosecutor Džermin Pašić today.

In his presentation, Pašić reiterated part of the response to the appeal by Hodžić and Srebrena malina, noting that he was a necessary co-perpetrator and that the offense, or rather the indictment, could be reclassified, which was not done in this case.

"Reclassification was not carried out in this case, we pointed that out. It was not carried out and could not have been carried out. The prosecution says it is not necessary to indicate a blanket norm regarding the criminal offense of abuse of position or authority. If we accept that, we are changing the Criminal Code in its entirety, and that can lead to anarchy," said Avdibegović.

Lawyer Avdibegović responded to these claims by stating that everything prosecutor Pašić said is contained in point 194 of the Constitutional Court's decision, which determined that the BiH Prosecutor's Office not only failed to clarify that dilemma but further deepened the doubt that he was not faced with the legal qualification.

She emphasized that it was terrible for her to hear the Prosecutor's Office's claims today that blanket regulations do not have to be used, and stated that if this is accepted, the Criminal Code will be amended here, and we will enter into anarchy.

"The Court of BiH will again decide on our appeal in that part and should rectify the violation found by the Constitutional Court. There is no main hearing now, it depends on what decision the Court of BiH makes, but at this stage, it is deciding on our appeal," said the lawyer.

When asked about the possibilities in this case, Avdibegović said there is an option to reject the appeal, to issue the same decision, and then go to the Constitutional Court of BiH again.

"You have the option to grant our appeal, possibly open a hearing, you have the option to amend the verdict in a way that leads to acquittal. There are various options, legal subtleties," said Avdibegović.