News in English     | 25.05.2018. 16:04 |

BiH Court - Accused Edhem Žilić’s defense appeal granted

FENA Press release

SARAJEVO, May 25 (FENA) - The Appellate Division Panel of Section I for War Crimes at the Court of Bosnia and Herzegovina, in the criminal case against the accused Edhem Žilić, having held a session of the Appellate Division Panel, delivered a judgment granting the appeal filed by defense counsel for the accused Edhem Žilić, so the Judgment delivered by the Court of Bosnia and Herzegovina No. S1 1 K 015591 16 Kri, of 17 November 2017, is modified with regard to the sentencing decision in the manner that the accused Edhem Žilić, concerning the criminal offense of War Crimes against Civilians under Article 142(1) of the CC SFRY, as read with Article 22 and 30 of the same code, which he was found guilty of by the Trial Judgment, applying the same code, and pursuant to Articles 38 and 41 of the CC SFRY, is now sentenced to 6 (six) years of imprisonment.

The rest of the Judgment remains unchanged.

The Trial Judgment delivered by the Court of Bosnia and Herzegovina, No. S1 1 K 015591 16 Kri  of 17 November 2017, found the accused Edhem Žilić guilty that by the actions described in the Operative Part of the contested judgment he committed the criminal offense of War Crimes against Civilians under Article 142(1) of the Criminal Code of the Socialist Federative Republic of Yugoslavia (CC SFRY), which was adopted under the Law on Application of the Criminal Code of the Republic of Bosnia and Herzegovina and the Criminal Code of the Socialist Federative Republic of Yugoslavia, as read with Articles 22 and 30 of the same Code, so by the foregoing judgment, having applied the relevant legal provisions, pursuant to Articles 38 and 41 of the CC SFRY, the Trial Panel sentenced him to nine (9) years of imprisonment.

Defense Counsel for the accused Edhem Žilić filed the appeal on all grounds of appeal listed in Article 296 of the Criminal Procedure Code of BiH (the CPC BiH), moving the Appellate Division Panel of the Court of BiH, pursuant to Article 314 of the CPC BiH, following a session of the Panel, to grant the appeal and modify the judgment by rendering an acquittal, or apply Article 315 of the CPC BiH and overturn the Trial Judgment and order a retrial before the Appellate Division Panel.

The BiH Prosecutor's Office submitted its response to the appeal filed by defense counsel for the accused Edhem Žilić within the statutory time-frame, moving the Appellate Division Panel of Section I of the Court of BiH to dismiss it as ill-founded.

At the session of the Appellate Division Panel held on 23 March 2018, in terms of Article 304 of the CPC BiH, the prosecutor and the defense for the accused Edhem Žilić briefly presented their respective appeals, as well as their respective responses to the appeals filed by the other party, stated the BiH Court.

(FENA) S. R.

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