prijava
SARAJEVO, July 26 (FENA) - In the criminal case against the accused Brane Planojević, Panel for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina, having held a session, delivered a Judgment dismissing the Appeal by the Prosecutor's Office of Bosnia and Herzegovina as ill-founded and upholding Judgment of the Court of Bosnia and Herzegovina, S1 1 K 022705 16 Kri of 21 December 2017.
Under the Trial Judgment of the Court of Bosnia and Herzegovina S1 1 K 022705 16 Kri of 21 December 2017, pursuant to Article 284(c) of the Criminal Procedure Code of Bosnia and Herzegovina (CPC BiH), the accused Brane Planojević was acquitted of the charge that he, by the acts described in the enacting clause of the impugned judgment, committed the criminal offense of War Crimes against Civilians in violation of Article 173(1)(c) and (e) of the Criminal Code of Bosnia and Herzegovina (CC BiH) and Article 175(1)(a) of the CC BiH, in conjunction with Articles 29, 31 and 180(1) thereof, as specified and qualified in the enacting clause of the impugned judgment in relation each particular count.
The Prosecutor's Office of Bosnia and Herzegovina filed a timely Appeal against the referenced judgment on the grounds of erroneously and incompletely established facts under Article 299(1) of the CPC BiH, petitioning Panel of the Appellate Division of the Court of BiH to uphold the appeal arguments in their entirety, grant the appeal and, in accordance with Article 315(1)(b) of the CPC BiH, revoke the Trial Judgment, hold a trial at which the presented evidence would be re-introduced before the Appellate Panel for the purpose of establishing the facts fully and properly, and find the accused guilty and sentence him in accordance with the law.
Counsel for the accused Brane Planojević filed a Response to the Appeal, petitioning that the Appeal be dismissed as ill-founded.
On 22 May 2018, the Panel of the of the Appellate Division of the Court of held a session at which the Prosecutor briefly reflected on the appeal arguments, maintaining the Appeal in its entirety, while defense counsel maintained her arguments from the Response to the Appeal. The accused concurred with the submissions of his counsel.
Having held the session, the Panel of the Appellate Division of the Court of BiH, pursuant to Article 306 of the CPC BiH, reviewed the impugned judgment insofar as it was contested by the Appeal and rules as stated in the enacting clause, stated the BiH Court.
(FENA) S. R.
