On 12/06/2009, the defendant Vladimir Stojanovic, as the responsible person - owner and director of the company "Omorika" Ltd Vlasotince, converted cash in the amount of 225,000.00 Euros in equivalent of the amount of 21,053,137.50 dinars, for which he knew originated from the commission of the criminal offence of extortion, previously committed to the detriment of injured parties Nenad Gavrilovic, Stojan Djordjevic and Srdjan Jovanovic.
With intention of concealing the origin of the money and introducing the money in legal flows, by the Decision on granting interest-free loans of the founder to its company "Omorika" Ltd, he made payment of the above mentioned amount of money on the account of his company, "Omorika" Ltd.
After that, on the same day, on the basis of the Agreement on Transfer of rights and commitments concluded on 03/06/2009 between the company "Omorika" Ltd Vlasotince, "Immopoint" Ltd. Belgrade and "Themelia Construction" Ltd. Belgrade, the company "Omorika" Ltd Vlasotince used this money to pay part of the purchase price to the company "Immopoint" Ltd., Belgrade for a purchase of real estate located in Belgrade.
By these actions defendant Vladimir Stojanovic, as the responsible person in the company "Omorika" Ltd Vlasotince, used money that originated from the criminal offense of extortion, in the amount of 225,000.00 euros, to purchase real estate to his company "Omorika" Ltd Vlasotince, by which the company "Omorika" Ltd Vlasotince obtained benefit in the amount of 225,000.00 euros.
SerbiaObjects forfeited for the amount of 21, 053, 137, 50 dinars.
Injured parties were interrogated and financial and economic expertise was ordered.
During the trial, liability of the legal persons for the commission of the offense of money laundering was proved both by the written evidence (business documents of the company "Omorika" Ltd. Vlasotnice, Agreements concluded between the company "Omorika" Ltd. Vlasotnice and companies „ Immopoint "Ltd.," Themelia Construction ", receipts of money transfer from company " Omorika "Ltd., Contracts on compensation, bank documentation, accounts and a certificate from the Business Registers Agency) and by the testimony of witnesses - injured parties, who testified about the origin of money (225,000.00 euros), which were obtained by the defendant Vladimir Stojanovic through commission of the criminal offense of extortion to the detriment of the aforementioned injured persons and the witness - accountant of the company "Omorika" Ltd., Momcilo Stojanovic, whose testimony was particularly significant given that he in his testimony in details described how the owner and director of the company "Omorika " put in the company the money in the amount of 225,000 euros and how the same money was used as a part of the purchase price for real estate in Belgrade.
Presented evidence proved that the owner and director of the company "Omorika" Ltd., Vladimir Stojanović, against whom a single criminal proceeding due to the crimes of extortion committed to the detriment of more persons and the criminal offense of money laundering was conducted, used this company to insert money acquired through criminal offences of extortion into legal flaws and thus obtained the benefit for his company, and through the so-called "decision on the interest-free loan to his own company" he created a legal framework for the "insertion" of money in his company, which was later, through agreements on compensation and purchase tha he concluded with other companies, business partners, used as part of the purchase price for real estate which company "Omorika" purchased from the above mentioned companies.
The Organized Crime Prosecutor's Office first indicted the natural person (responsible person in legal entity) for money laundering and then indicted the legal person for money laundering for the same event, as liability of legal person depends on culpability of its responsible person. The court decided to have joinder of both proceedings
The Grounds for Liability of Legal Entities
Article 6
A legal person shall be held accountable for criminal offences which have been committed for the benefit of the legal person by a responsible person within the remit, that is, powers thereof.
The liability referred to in paragraph 1 of this Article shall also exist where the lack of supervision or control by the responsible person allowed the commission of crime for the benefit of that legal person by a natural person operating under the supervision and control of the responsible person.
Limits of the Liability of Legal Entities
Article 7
Liability of legal entities shall be based upon culpability of the responsible person.
Under the conditions referred to in Article 6 of this Law, a legal person shall be held accountable for criminal offences committed by the responsible person even though criminal proceedings against the responsible person have been discontinued or the act of indictment refused.
The security measure of forfeiture of the objects from Article 87 of the Criminal Code, the money in the amount of 21,053,137, 50 dinars, within 15 days of the final judgment and the costs of the criminal proceedings.
High Court in Belgrade - Special department
This case is an important precedent as it involves the first conviction of a legal person in Serbia.