News in English     | 22.07.2019. 12:13 |

First instance judgment upheld in Boško Dević case for crimes against humanity

FENA Press release

SARAJEVO, July 22 (FENA) - Having held a session of the Appellate Division Panel in the criminal case against the accused Boško Dević, the Panel of Section I for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina handed down a judgment dismissing as ill-founded the appeals filed by the Prosecutor’s Office of Bosnia and Herzegovina, the accused Boško Dević, and the accused’s defense attorney, and upholding the Judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 024100 17 Kri of 7 December 2018.   

The Trial Judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 024100 17 Kri of 7 December 2018, found the accused Boško Dević guilty of committing, by the acts described in the judgment operative part, the criminal offense of Crime against Humanity in violation of Article 172(1) h) in connection with Sub-paragraph a), all as read with Article 29 of the Criminal Code of Bosnia and Herzegovina. Thus, pursuant to Article 285 of the Criminal Procedure Code of Bosnia and Herzegovina (CPC BiH), and by applying Articles 39, 40 and 48 of the CC BiH, the Trial Panel sentenced the accused to imprisonment for a term of 10 (ten) years.

Under the same Judgment, the injured parties were instructed, pursuant to Articles 198(2) of the CPC BiH, to pursue their claims under property law in a civil action.

The referenced Judgment was timely appealed by the Prosecutor’s Office of BiH, on the grounds of the decision on criminal sanction under Article 300(1) of the CPC BiH, with a motion that the Panel of the Appellate Division of the Court of BiH grant the appeal as well-founded in whole, and revise the Trial Judgment in the part concerning the decision on criminal sanction and impose on the accused Boško Dević a lengthier prison sentence.

The referenced Judgment was appealed by the accused Boško Dević personally believing that the Judgment was neither fair nor lawful, and moved the Panel of the Appellate Division of the Court of BiH to render a judgment, after completion of the proceedings, granting the appeal and revising the Trial Judgment by acquitting the accused of the charges that he committed the criminal offense charged against him, and terminate all the prohibiting measures imposed on him. Counsel for the accused Boško Dević filed an appeal on the grounds of essential violations of the criminal procedure provisions and incorrectly established facts under Article 296 a) and c) of the CPC BiH, moving the Appellate Division Panel to grant the appeal filed by the accused’s counsel, revoke the judgment and order a hearing pursuant to Article 315(1) a) and b) of the CPC BiH. 

Counsel for the accused and the accused Boško Dević personally duly submitted their responses to the appeal filed by the Prosecutor’s Office of BiH, moving the Court to dismiss the appeal as ill-founded. The Prosecutor’s Office of BiH submitted their responses to the appeal filed by counsel for the accused Boško Dević and the appeal filed by the accused Boško Dević, with the identical proposal.

On 21 June 2019, the Appellate Panel held a session pursuant to Article 304 of the CPC BiH, where the Prosecutor and Counsel briefly presented their respective appeals and responses and fully stood by them. The accused stood by both the arguments advanced by his counsel, and his own appeal, stated the BiH Court.

(FENA) S. R.

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