prijava
SARAJEVO, May 23 (FENA) - In the criminal case against the accused Dragan Janjić, the Appellate Division Panel of Section I for War Crimes at the Court of Bosnia and Herzegovina delivered a judgment granting the appeal filed by defense counsel for the accused Dragan Janjić, revoked the trial judgment No. S1 1 K 026633 17 Kri of 12 October 2018 in its convicting part, and ordered a retrial before the Appellate Panel. Prosecutor’s appeal from the acquitting part of the judgment was dismissed as ill-founded, and the judgment was upheld in that part.
The trial judgment found the accused Dragan Janjić guilty that by the actions described in the convicting part of the judgment he committed the criminal offense of Crimes against Humanity under Article 172(1)g) of the CC BiH, as read with Article 180(1) of the Code, pursuant to which he was sentenced to 7 (seven) years in prison, with the time he spent in pre-trial custody from 3 November 2017 onwards being credited towards the imposed sentence in accordance with Article 56(1) of the CC BiH. Pursuant to Article 284c) of the CPC BiH, the accused was acquitted of the charges that by the actions described in the acquitting part of the judgment he committed the criminal offense of Crimes against Humanity under Article 172(1)e), as read with Articles 31 and 180(1) of the same Code.
The BiH Prosecutor's Office filed a timely appeal from the trial judgment, in relation to the acquitting part of the judgment, on the grounds of error of fact and the sentencing decision, moving the Court to modify the judgment in this part so as to find the accused guilty also for the charges he was acquitted of, pursuant to which the accused’s liability for those acts would be made part of a proper and lawful punishment, which will be lengthier than the one currently imposed.
Defense counsel for the accused also filed an appeal from the judgment on the grounds of violation of criminal procedure, criminal code, incorrectly and incompletely established facts, as well as the sentencing decision and property compensation claim, moving the Court to revoke the challenged judgment and hold a retrial.
Both the Prosecution and the Defense filed responses from the opposing appeals, moving the court to dismiss the opposing appeals as ill-founded.
At the session of the Appellate Panel held on 26 March 2019 in terms of Article 304 of the CPC BiH, which was partly closed to the public, the prosecutor and the accused Dragan Janjić’s defense briefly presented their appeals arguments and responses to respective opposing appeals.
(FENA) S. R.
