In the criminal case against the accused legal representatives of the company from Derventa (director and executive director), against whom the indictment of the County Public Prosecutor’s Office in Doboj of 20 November 2019 was filed, for the criminal offense of evasion referred to in Article 235, paragraph 4, in conjunction with paragraph 1 of the Criminal Code of Republika Srpska and the criminal offense of damage to another person’s property referred to in Article 249, paragraph 2, in conjunction with paragraph 1 of the Criminal Code of Republika Srpska, under item 1 of the indictment, and under item 2 of the indictment for criminal offense of non-execution of a court decision referred to in Article 371, paragraph 3, in conjunction with paragraph 1 of the Criminal Code of Republika Srpska, the Basic Court in Derventa issued a verdict by which the defendants were guilty, and determined a single sentence of one year of imprisonment for the first defendant, and a fine of BAM 18,000.00, and a fine of BAM 18,000.00 for the second defendant.
Through this office, the aggrieved party filed a property – legal claim for compensation for material damage in the amount of BAM 1,870,393.90, which refers to the overdue and unpaid rents in accordance with the final and enforceable judgment of the County Commercial Court in Doboj, and the amount of BAM 152,263.45 for compensation for damage caused by the relocation from real estate owned by the aggrieved party, the amount of BAM 70,000.00 for the alienation of 3 (three) substations, the amount of BAM 1,840,000.00 based on compensation for the early termination of the lease agreement for real estate owned by the aggrieved party and the amount of BAM 1,100,000.00 based on the damage caused by the alienation of machines that were the subject of the lease agreement.
The founders of the company trust the Management Board of the company that it will perform its work in the interest of the company in which it performs the function of legal representative. Although the legal representative of the company is responsible for the legality of the company’s operations, often the Management Board of the company consciously or unconsciously undertakes certain activities that are not legal and/or are not in the interest of the company or the founder of the company.
In the event that certain actions of the Management Board of the company violate the provisions of the Company Law and/or the Criminal Code, the founders of the company are obliged to file appropriate legal actions, including criminal charges against the Management Board of the company in order to “distance” themselves as members of the Supervisory Board of the company or the Assembly of the company from the illegal activities of individuals within the company.
If you need advice on Criminal charges against legal representatives of a company (director and executive director) or you need an attorney as an individual, organization and company in the field of criminal offenses against the economy and market unity, and criminal offenses in the field of customs, then you are in the right place with us and you can contact our corporate law attorneys directly by phone (+387 62 342 463), WhatsApp, Viber or e-mail (rasid@haracic.ba).
