The Appellate Division of the Court of Bosnia and Herzegovina accepted the appeal of Fikret Hodžić, owner of the company FH Srebrena malina, who, through his lawyers, asked the Court of Bosnia and Herzegovina to return the money that the Court of Bosnia and Herzegovina temporarily blocked in 2020, after the illegal acquisition of 100 unusable ACM812 A respirators paid from the budget of the Federation of Bosnia and Herzegovina was discovered.
It is about 356,551 marks, including the amount of 87,000.00 KM.
As the portal learns Reportby the decision of the panel of the Appellate Division of the Court of Bosnia and Herzegovina, as a second-instance body, which was sent to the parties on July 13, the unlawfully realized property benefit is legally returned to Hodžić and his legal entity FH Srebrena malina” doo Srebrenica.
After the Court of Bosnia and Herzegovina had to release him, due to a procedural error of the Prosecutor’s Office of Bosnia and Herzegovina, Fikret Hodžić and his legal entity FH Srebrena malina” doo Srebrenica, his lawyers and his legal entity submitted a request to the Court of Bosnia and Herzegovina to return to them all the money that the convicted Fikret Novalić and Fahrudin Solak obtained from Fikret Hodžić and his legal entity in the form of illegal property benefits proven by the criminal offense of Abuse of position or authority.
The Court of First Instance of Bosnia and Herzegovina, as the court that convicted Fikret Novalić and Fahrudin Solak in the first instance for obtaining illegal property benefits for Fikret Hodžić and his legal entity by proven criminal offense, twice previously rejected such a request for the return of previously permanently confiscated money from Fikret Hodžić and his legal entity as unfounded.
Twice, the same panel of the Appellate Division of the Court of Bosnia and Herzegovina, as a second-instance body, which had not previously acted in this case (it did not participate in the confirmation of the first-instance verdict against Fikret Novalić and Fahrudin Solak, nor did it participate in the procedural release of Fikret Hodžić and his legal entity), canceled the first-instance decision and returned the case to the first-instance Court for re-decision for the same reasons.
The Court of First Instance refused to return the money to Fikret Hodžić and his legal entity for obvious legal reasons, described in the first instance decision, attached, persistently referring three times to the same two legal grounds for rejecting the request.
But now the decision is legally binding.
Here is what is stated in the decision that is in the possession of the Report.
Approves the request for the return of temporarily confiscated funds of the legal entity FH Srebrena malina” doo Srebrenica (legal entity) dated 23/04/2025, which was specified in submissions dated 29/08/2025 and 23/9/2025, and the return of temporarily confiscated items is approved, namely:
Refund of the amount of money of the legal entity in the amount of 356,551.74 KM, which represents the remaining amount of the total blocked funds of the legal entity in the amount of 1,096,520.78 KM. Return of the legal entity’s monetary amount of EUR 1,065.25, which funds were temporarily confiscated by the decision of the Court of Bosnia and Herzegovina, number: S1 2 K 035494 20 Krn 2 dated 8/5/2020. year, from the account of the legal entity FH Srebrena malina” doo Srebrenica and stored in a special account of Privredna banka dd Sarajevo, as well as the return of the amount of money of the legal entity of 87,000.00 KM temporarily confiscated according to the confirmation of the temporary confiscation of the item by the Ministry of Internal Affairs of the Canton of Sarajevo from June 11, 2020, which was paid into the budget of the Federation of Bosnia and Herzegovina in the course of the collection procedure of the confiscated property legal benefit.
We remind you that Fikret Hodžić was sentenced to five years in prison by the second-instance verdict of the Court of Bosnia and Herzegovina. After that, he submitted an appeal to the Constitutional Court of Bosnia and Herzegovina, which accepted the argument that neither he nor the legal entity knew what exactly they were accused of.
For this reason, the verdict of the Appellate Council in relation to Hodžić and the legal entity “FH Srebrena Malina” was annulled and a new trial was conducted according to the amended indictment of the Prosecutor’s Office of BiH.
In the repeated proceedings, the Appellate Panel did not deal with the existence of a criminal offense or the guilt of the accused Fikret Hodžić and his company. As stated in the verdict, the charge was dismissed due to formal deficiencies, that is, procedural obstacles to conducting the main proceedings. In other words, solely due to procedural errors, and not because Hodžić’s guilt was not proven.
