Form 6. Example of a report on an economic offence

Name of the body that submitted the application

PUBLIC PROSECUTOR’S OFFICE in ______

(address of the Prosecutor’s Office)

Pursuant to Article 30 of the Law on Public Administration (Official Gazette of the Republic of Serbia, No. 20/92, 48/93, 67/93, 48/94), in conjunction with Article 93 of the Law on Public Administration (Official Gazette of the Republic of Serbia, No.79/05) and Article 85, paragraph 1, and Article 86, paragraph 1, of the Law on Economic Offences (Official Gazette of the Former Yugoslavia No.4/77, 36/77-corr., 14/85, 10/86-consolidated text, 74/87, 57/89 and Official Gazette of theFormer Yugoslavia, No. 27/92, 16/93, 31/93, 41/93, 50/93, 24/94, 28/96 and 64/01) and (Official Gazette of the Republic of Serbia, No. 101/05 - other law) and Article __- Paragraph -___of the Law on Forests, the state forestry inspector, on behalf of the Ministry of Agriculture and Environmental Protection, submitsthe charge of:

ECONOMIC OFFENCE

against:

1. ______(name of the legal entity), registration number: ______, TIN (tax identification number):______, registered office (seat) at: ______, represented by: ______, and (other important data), as for a legal entity, as well as against

2.______name and surname of the natural person, PIN (JMBG):______occupation ______(position held as an employee of the legal person)______, place of residence and address ______, employed by ______place and address of the employer; nationality______; ______(other personal data, place and date of birth, telephone number, e-mail address, phone number at workplace), as for an authorised person,

Reason:

On______20__, ______(This section describes the actions resulting in the committing of a criminal offence, the manner of execution, adverse effects, and other relevant facts and circumstances. The facts should be explained accurately and clearly.)

There is reasonable doubt that the above committed aneconomic offence as referred to in Article ______of the Law on Forests.

Therefore,

it is suggested that:

-the Public Prosecutor’s Office arraigns them on the charge of an economic offence, takes appropriate procedural measures, and submits an indictment before the Commercial Court;

-evidence bereviewedby reading the report on inspection no.______dated______20___, as well as by examining the evidence thatforms an additional part of this record and represents an integral part of it, in the course of the proceedings;

-parties in the case should be heard in both capacities, as both suspects and defendants(a legal entityanda responsible person from the legal entity, against whom the charge of economic offence is filed|), and summons should be delivered to the respective addresses;

-the following summoned witnesses be heard ______

(names and surnames of witnesses that should be heard, as well as their addresses);

-all other necessary and required evidence be presented in accordance with the law; and

-after finishing the proceedings, identifying the existence of an economic offence and establishing guilt, the perpetrators should be found guilty and sentenced to punishment in accordance with the law.

Explanation

On______20___, in ______, the inspector in charge conducted an inspection and on this occasion found the following: ______(This section describes the actions resulting in the committing of a criminal offence, the manner of execution, adverse effects, and other relevant facts and circumstances. The facts should be explained accurately and clearly.)

Evidence:

1. Report on inspection no.______dated______, supported by the evidence that formsan additional part of this record and representsan integral part of it.

2. Statements of summoned witnesses.

3. Documents to be read, and objects serving as evidence.

4. Other necessary and required evidence that must be presented in accordance with the law.

Article_____, paragraph ____, of the Law on Forests stipulates that ______. The criminal provisions of Article ______, paragraph______, of this lawprescribes as aneconomic offence the violation of obligations under the quoted provisions of this act.

Under these circumstances, there is a reasonable doubt that the performed actions of the offenders have all the characteristics of aneconomic offence.

At the time of committing this economic offence, as well as while carrying out the inspection, the offender charged in second place had the status of anauthorised person at the registered legal entity.

Evidence:

-Access to an excerpt from the register of ______, which is governed by the Serbian Business Registers Agency (SBRA).

-Access to an excerpt from the rulebook on job and position classification, with the job description of the person chargedin second place, which represents an annex to the report on the inspection and formsan integral part of it.

No criminal or misdemeanour proceedings that could be the subject of this economic offence have been initiated against the offenders.

Having taken all the evidence into consideration, the forestry inspector, as an authorised body of the Ministry of Agriculture and Environmental Protection, submits chargesto the competent Public Prosecutor's Office for this economic offence.

We request to be informed of the outcome of the relevant court proceedings, in accordance with Article 6, paragraph 42, of the Law on Inspection Supervision, and the provisions of the Law on Economic Offences.

Inspector:

______

Attachment:

  1. Stated evidence

Delivered to:

1. Public Prosecutor’s Office in ______(address)

2. Case file

3. Archives