prijava
SARAJEVO, August 16 (FENA) - The Panel of Section I for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina held a session in the case of Milomir Davidović and rendered a Judgment dismissing as unfounded the Appeals filed by the Defense Counsel for the Accused Milomir Davidović and by the Accused himself, and upholding the Judgment of the Court of B-H dated 27 February 2019.
Under the Trial Judgment of the Court of B-H of 27 February 2019, the Accused Milomir Davidović was found guilty of having committed the criminal offense of Crimes against Humanity, and was sentenced to imprisonment for the term of 7 (seven) years
Pursuant to Article 198(2) of the Criminal Procedure Code of Bosnia and Herzegovina (CPC B-H), the injured party was awarded a part of the claim under property law whereby the Accused must pay to the injured party the amount of 10,000.00 KM (convertible mark) as non-pecuniary damage, as follows: for the suffered fear and physical and mental pain, violation of freedom, dignity, morals and the right of a person the amount of 6,000.00 KM, and for the mental pain due to diminished capacity the amount of 4,000.00 KM, including the statutory default interest to the referenced amounts as of the date of pronouncement, within 30 days from the day the Judgment becomes final, or face forcible collection. The injured party was instructed to take civil action to pursue the claims exceeding the amount of the awarded non-pecuniary damage.
In relation to the convicting part of the judgment, the Accused Milomir Davidović, pursuant to Article 188(1) of the CPC B-H, was ordered to reimburse costs of the criminal proceeding, to be determined by the Court in a separate decision upon obtaining the necessary information. In relation to the acquitting part of the judgment, pursuant to Article 189(1) of the CPC B-H, the Accused was relieved of the duty to reimburse costs of the criminal proceeding and they shall be paid from the Court's budgetary appropriations.
The Defense Counsel appealed the referenced Judgment on the grounds of essential violation of provisions of criminal procedure (Article 297 of the CPC B-H), violation of the Criminal Code (Article 298 of the CPC B-H), error of fact (Article 299 of the CPC B-H), and the decision on the punishment and claim for compensation (Article 300 of the CPC B-H), petitioning the Appellate Division of the Court of B-H to revoke the trial judgment and hold a new trial.
The Accused Davidović filed an appeal, too, challenging the judgment on the grounds of error of fact (Article 299 of the CPC B-H) and the decision on the punishment and claim for compensation (Article 300 of the CPC B-H).
The Prosecutor responded by submitting that both appeals are ill-founded, petitioning the Appellate Division Panel to dismiss the appeals as ill-founded and uphold the trial judgment.
(FENA) A. B.
