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Corruption cases with social impact in the Western Balkans and Turkey

Božo Mihajlović case: Negligence and misappropriation of confiscated funds

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  • Bosnia and Herzegovina

Božo Mihajlović case: Negligence and misappropriation of confiscated funds

Case Date(s)
06/2018
Case Updated
06/2024

Case Summary

Phase

1st instance procedure

Offence

  • Other

Sector

  • Public administration and defense; compulsory social security
  • Other

Involved people

Allegedly involved people Božo Mihajlović Prosecutor and head of the Special Department for Organized Crime, Economic Crime and Corruption of the BiH prosecutor's office
Božo Mihajlović
Politically exposed
No
  • Negligence in the performance of official duties

Božo Mihajlović, former prosecutor and head of department at the prosecutor's office of Bosnia and Herzegovina, was charged in 2018 with negligence in the performance of official duties for failing to supervise his typist, who allegedly misappropriated confiscated funds from nine cases. Mihajlović was initially found guilty and sentenced to five years in prison. However, following an appeal, the verdict was annulled, leading to a renewed trial that is currently underway. This case raised questions about the integrity of the prosecution's work and the system of oversight and accountability within prosecutorial institutions.

Božo Mihajlović, former prosecutor and head of the Special Department for Organized Crime, Economic Crime and Corruption at the prosecutor's office of BiH, was charged in 2018 with negligence in the performance of official duties for failing to supervise his typist, who allegedly misappropriated confiscated money from nine criminal cases. He was found guilty and sentenced to five years in prison in the first-instance verdict. However, following an appeal, the initial ruling was annulled, resulting in a renewed trial that is currently underway.

In January 2017, the online magazine Žurnal published an investigative report on the disappearance of KM55,000 (€28,105) that had been confiscated in the Milaković case. The funds, held by the prosecutor’s office of BiH, went missing under suspicious circumstances. Žurnal revealed that the chief state prosecutor was informed about the missing money in December 2016 and subsequently assigned a prosecutor to investigate the issue. All available evidence allegedly pointed to prosecutor Božo Mihajlović, who oversaw the case during the time the money disappeared.

The prosecution of BiH initially launched an investigation into the missing money, focusing on Sadina Beridan-Zuhrić, a typist who worked for Mihajlović. At the same time, pre-investigation proceedings were separately initiated against prosecutor Božo Mihajlović for negligence in the performance of his duties, specifically for failing to adequately supervise the actions of his typist. The two investigations resulted in the opening of two separate cases, each leading to their own legal proceedings. Additionally, a complaint was filed against Mihajlović with the disciplinary prosecutor's office.

In the wake of the emerging scandal, in March 2017, Božo Mihajlović resigned from his position as head of the Department for Organized, Economic Crime and Corruption at the BiH Prosecutor's Office (Department II). A week later, at the request of the office of the disciplinary prosecutor, the first-instance disciplinary commission of the high judicial and prosecutorial council (HJPC) suspended Mihajlović from his duties as prosecutor and deputy chief prosecutor of the BiH prosecutor's office, pending the outcome of the investigation against him.

An official indictment was filed against Božo Mihajlović on 19 June 2018. The indictment alleged that, between 15 November 2006 and 1 February 2015, as a prosecutor of the prosecutor’s office of BiH and Head of the Special Department for Organized Crime, Economic Crime and Corruption of the prosecutor’s office of BiH, Mihajlović acted with obvious negligence in the performance of his official duties. During this time, he failed to properly supervise Sadina Beridan-Zuhrić, who served as a typist, senior clerk-typist and clerk-specialist typist in the prosecutor's office and was assigned to work directly for Mihajlović. Specifically, Sadina Beridan-Zuhrić misappropriated temporarily confiscated money from nine different cases. Mihajlović's failure to adequately supervise her allowed Beridan-Zuhrić to retain the misappropriated funds without her illegal actions being discovered. As a result of this, property damage totalling more than KM10,000 (€5,110) occurred.

On 02 July 2018, the state court of BIH confirmed the indictment against Božo Mihajlović for the extended criminal offence of negligence in the performance of his duties, in accordance with Article 224, paragraph 2, in conjunction with paragraph 1, and all in conjunction with Article 54 of the Criminal Code of BiH.

On 20 August 2018, Božo Mihajlović pleaded not guilty to the charges. Meanwhile, the case against the typist was being handled separately by the Sarajevo Cantonal Prosecutor's Office. Mihajlović's defence demanded either a postponement of the proceedings until the resolution of the case against the typist or a merger of the two cases, a request the court denied.

The main trial began on 11 September 2018. On 09 June 2020, the court of Bosnia and Herzegovina issued a first-instance verdict, finding Božo Mihajlović guilty and sentencing him to five years in prison. The verdict also stipulated that Mihajlović was obliged to compensate the state for damages totalling more than KM225,000 (€114,978).

The defence appealed the verdict, asking the court to either modify or overturn the ruling and to transfer the case to the municipal court in Sarajevo. They also renewed their request to merge the proceedings with the case against the typist, asserting that the two cases were connected due to their cause-and-effect relationship.

In December 2020, the appellate panel of the court of Bosnia and Herzegovina partially accepted the defence's appeal, annulled the first-instance verdict and ordered a new trial. The criminal proceedings against Božo Mihajlović were also transferred to the Sarajevo municipal court. The renewed trail began in March 2021 and is currently underway.

This case has further eroded citizens’ trust in the judicial system of BiH, especially given the involvement of a prosecutor whose role is to uphold the integrity and legality of the prosecution's work. The case also highlights significant deficiencies in the system of oversight and accountability within the prosecutor's office. Restoring faith in the judicial system will require corrective actions, and a reform of oversight mechanisms to ensure accountability and transparency. As always, public scrutiny will play a crucial role in deterring further misconduct.

Further details

JURISDICTION/COURT

Municipal Court of Sarajevo

LAWS (ALLEGEDLY) BREACHED

Criminal code of Bosnia and Herzegovina (Negligence in the performance of duties, Article 224, paragraph 2, in conjunction with paragraph 1, and all in conjunction with Article 54)

FINAL SANCTION OR MEASURE

In court

UNCOVERING METHOD

Investigative Journalism: In January 2017, an investigative report published by the online magazine Žurnal reported on the disappearance of KM55,000 (€28,105) that had been confiscated in a criminal case. The funds, held by the prosecutor’s office of BiH, went missing under suspicious circumstances and all available evidence allegedly pointed to prosecutor Božo Mihajlović, who oversaw the case at the time the money disappeared.

That prompted investigations that unveiled a series of alleged misappropriations of confiscated funds at the prosecutor’s office of BiH.

PROSECUTOR

Medina Džerahović

JUDGE

Denis Kurtović

DEFENCE COUNSEL

Vlado Adamović

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

The social harm in this case is reflected in the violation of citizens’ trust in the judicial system of Bosnia and Herzegovina. As a prosecutor and head of the Special Department for Organized Crime, Economic Crime and Corruption of the BiH prosecutor’s office, Božo Mihajlović played a key role in preserving the integrity and legality of the prosecution’s work. However, the apparently negligent conduct and failure to supervise the work of Sadina Beridan-Zuhrić, which allegedly enabled the illegal appropriation of temporarily confiscated money from nine cases, indicates a failure in the system of control and responsibility within the prosecutor’s office. This situation not only caused material damage to the amount of over KM10,000 (€5,110) but also significantly damaged the reputation of judicial institutions, which can have long-term negative consequences on citizens’ perception of justice and fairness in the country. The quantified damage amounts to over KM10,000 (€5,110).

Disclaimer

Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 06/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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