News in English     | 11.01.2018. 13:31 |

Appeal granted, judgment revoked in the convicting part in Ostoja Stanišić case

FENA Press release

SARAJEVO, January 11 (FENA) - The Panel of Section I for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina in the criminal case against the accused Ostoja Stanišić and Marko Milošević, having held a session of the Appellate Division Panel, rendered a judgment granting the appeal filed by Counsel for the accused Ostoja Stanišić, revoking in its convicting part the Judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 010315 12 Krl of 31.03.2017 and ordering a hearing to be held before the panel of the Appellate Division of the Court of Bosnia and Herzegovina, and dismissing as ill-founded the appeal filed by the Prosecutor’s Office of BiH concerning the acquittal, and upholding in this part the Judgment of the Court of BiH, No.S1 1 K 010315 12 Krl of 31.03.2017.

The Trial Judgment of the Court of BiH No. S1 1K 010315 12 KrI of 31.03.2017 found the accused Ostoja Stanišić guilty of committing, with the acts descried in the enactment clause of the Judgment, the criminal offense of Genocide in violation of Article 141 of the CC SFRY, as read with Article 24 of the same Code. Pursuant to Article 285 of the CPC BiH, by applying Articles 33, 34, 38 and 41 of the CC SFRY, the Accused was sentenced to imprisonment for a term of 11 years. Pursuant to Article 50 of the CC SFRY, the same Judgment ordered that the time the accused spent in custody, running from 21.06.2012 to 12.04.2013 be credited toward the sentence imposed. The same Judgment acquitted the accused Marko Milošević from the charges that he committed the criminal offense of Genocide under Article 171(a) and (b) of the Criminal Code of BiH, as read with Article 180(1) and Article 31 of the same Code.            

Pursuant to Article 188(4) and Article 189(1) of the CPCP BiH, the accused were relieved of the duty to reimburse the costs of the criminal proceedings.

The referenced Judgment, or its acquitting part, was timely appealed by the Prosecutor’s Office of BiH on the grounds of essential violations of the criminal procedure provisions and incorrectly and incompletely establishes facts, with a proposal that the Appellate Panel grant the appeal and revoke the Judgment in the referenced part, and order a hearing. The Prosecution of BiH further appealed the convicting part of the Judgment on the grounds of the sentencing and the decision on the costs of the criminal proceedings, and moved the Court to impose on the accused Ostoja Stanišić a lengthier prison sentence, revise the decision on the costs and order the Accused to reimburse the costs of the proceedings.

Counsel for the accused Ostoja Stanišić filed an appeal on the grounds of the essential violations of the criminal procedure provisions, incorrectly and incompletely established state of facts, and the sentencing decision, and moved the Court to revise the Trial Judgment and acquit the accused of the charges, or to revoke the contested Judgment and order a hearing before the Appellate Panel. The referenced Judgment was also appealed by the accused Ostoja Stanišić (in person), who moved the Appellate Panel to grant the appeal, revise the contested Judgment,  and acquit him of the charges, or to revoke the contested Judgment and order a hearing before the Appellate Panel.

Counsel for the accused Ostoja Stanišić and Marko Milošević submitted their respective responses to the appeal filed by the Prosecution, and the Prosecution submitted their responses to the appeal filed by Counsel for the accused Ostoja Stanišić and the appeal filed by the accused Ostoja Stanišić personally, all with the proposal that the appeal filed by the adversary party be dismissed as ill-founded.

On 5 December 2017, the Appellate Panel held a session pursuant to Article 304 of the CPC BiH, where the Prosecutor and the Defense for the accused Ostoja Stanišić and Marko Milošević briefly presented their respective appellate grounds and responses to the appeals filed, stated the BiH Court.

(FENA) S. R.

Vezane vijesti

The trial of Dodik and Lukić continues before the BiH Court on April 3

BiH Court rejects the appeal, Fadil Novalić is going to serve his prison sentence

BiH Court confirms the first-instance verdict for war crimes in Janja

Promo

M:tel: Savršena kombinacija – Huawei telefon i pametni sat s popustom

M:tel: Stiglo nam je Proljeće!

Predstava 'Kako sam se nadala dobro se nisam udala' u BKC Sarajevo