Today, the Special State Prosecutor's Office handed over the indictment against the defendants: Veselin Vukotić, Đorđi Rajković, Sead Šahman, Duško Perović, Božo Mihailović and Verica Maraš to the Special Department for Trials of Organized Crime, Corruption, Terrorism and War Crimes of the High Court in Podgorica. reasonable suspicion that they have committed the criminal offense of abuse of position in business operations.
According to the statement signed by the SDT spokesperson, state prosecutor Vukas Radonjić, they are suspected of being in Podgorica from December 24, 2019 to April 23, 2020, as responsible persons in the damaged company "July 13 - Plantations " AD, misused their position regarding the disposal of other people's property and did not perform their duty, so they obtained from the company "OMP-Engineering" DOO an illegal property benefit exceeding the amount of forty thousand euros, and caused property damage to the injured party.
"Namely, the defendants VV, Đ. R., S. Š., DP and BM are accused of having, as president and members of the board of directors of the injured company, acted contrary to the then valid Business Companies Act and the Statute of the injured party, and the defendant VM, that, as the executive director of the injured party, she acted contrary to the then valid Law on Business Companies, because when making decisions and managing the company's operations, and the defendant when executing decisions, they did not adhere to the principle of conscientiousness and acted with the care of a good businessman, in the reasonable belief that they act in the best interest of society, nor did they act conscientiously and work for the benefit of society as a whole, with due care and applying the rules of the profession when making decisions," the announcement states.
The announcement states that the defendants Vukotić, Rajković, Šahman, Perović and Maraš are accused of having, during the consideration and decision-making on the settlement proposal of the business company "OMP Engineering", with which "Plantaže" is litigating before the Commercial Court, for the purpose of terminating the Foundation Agreement joint factories for the production of briquettes "PLANT-OMP" DOO Podgorica and compensation for damages and lost profits, in which all written and personal evidence in favor of the injured party, especially agricultural, mechanical and financial experts, concluded that the litigation should be settled by settlement and the decision that to the company "OMP Engineering", "the land with an area of about 37.000 square meters, which is part of the land included in the LSL "Warehouse-Business Zone Donji Kokoti" is transferred to its ownership, and the amount of money in the amount of 350.000,00 euros is paid.
"And before that, they consciously and intentionally failed to decide to obtain the opinion of the law office that represented the injured company in the litigation and to determine the market value of the land that the injured company transfers to the ownership of "OMP Engineering".
Marasheva is accused of carrying out an obviously harmful decision of the defendants.
"Because at the notary, with the authorized representative of "OMP Engineering", she concluded an obviously harmful Settlement Agreement, according to which the damaged company is obliged to pay the company "OMP Engineering" the amount of EUR 350.000,00 and transfer the right of ownership to 37.000 m2 of agricultural land of land of different categorizations, covered by LSL 'Skladisno-poslovna zona Donji Kokoti, although it is construction land, with a market value of EUR 1.295.000,00, i.e. a total of EUR 1.645.000,00 of its property, while 'OMP Engineering' is obliged to transfer to the damaged company his share of 50 percent of the ownership in the jointly established business company 'Plant-OMP' DOO, for which, in the apparently harmful Settlement Agreement, it was stated that its value and sales price amount to 1.398.474.47 euros, although the total assets of the joint venture amounted to 1.062.537,00 euros, and the total liabilities were 4.084.735,00 euros, so there was no economic justification for the purchase of shares at that price, because the damaged company, by the Settlement Agreement, established itself as a liability in the total amount of 5.483,209.47, EUR 5.729.735,00 (the sum of the agreed sale price of the share and the liabilities of the joint venture), and in reality even higher, in the amount of EUR XNUMX (the sum of the real value of the property provided by the damaged company and the liability of the joint venture)".
In Radonjić's statement, it is stated that as a result of the partial execution of an apparently harmful settlement, the company "OMP Engineering" received an illegal property benefit in the amount of 384.672,40 euros, and the damaged company suffered damage.
For the criminal offense of abuse of position in business, which is the subject of the indictment, the law prescribes a prison sentence of two to ten years.
"The special police department, by order of the state prosecutor, and in accordance with the Law on confiscation of the proceeds of crime, undertakes measures and actions to detect and identify the proceeds of crime, in order to eventually launch a financial investigation against the defendants. I especially emphasize that , according to the Code of Criminal Procedure, state bodies, media, citizens' associations, public figures and other persons are obliged to adhere to the presumption of innocence, and not to offend other procedural rules, the rights of the accused and the injured party with their public statements about the ongoing criminal proceedings and the principle of judicial independence," concluded the statement signed by Radonjić.
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