prijava
SARAJEVO, February 5 (FENA) - The Panel of Section I for War Crimes at the Appellate Division of the Court of Bosnia and Herzegovina, in the criminal case against the accused Nikola Zovko, Petar Krndelj, Krešo Rajič and Ivica Čutura, following a session held by the Appellate Division Panel, handed down a judgment refusing as ill-founded the appeal filed by the BiH Prosecutor's Office, and upheld the Judgment of the Court of Bosnia and Herzegovina, No. S1 1 K 019135 15 Kri of 19 July 2017.
The Trial Judgment delivered by the Court of Bosnia and Herzegovina (Court of BiH), No. S1 1 K 019135 15 Kri of 19 July 2017, acquitted the accused Nikola Zovko, Petar Krndelj, Krešo Rajič and Ivica Čutura of the charges under Counts I, II and III of the amended indictment, that they committed the criminal offenses as follows: the accused Nikola Zovko the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs c) and e) as read with Article 180(2) of the Criminal Code of Bosnia and Herzegovina (CC BiH), the accused Petar Krndelj the criminal offense of War Crimes against Civilians under Article 173(1), Subparagraphs c) and e), as read with Article 180, Paragraphs 1 and 2, of the CC BiH, the accused Krešo Rajič the criminal offense of War Crimes against Civilians under Article 173(1)c), as read with Article 180(2) of the CC BiH, and the accused Ivica Čutura the criminal offense of War Crimes against Civilians under Article 173(1)e) as read with Article 180(1) of the CC BiH.
The Prosecutor filed an appeal from the judgment, citing essential violations of criminal procedure under Article 297 of the CPC BiH, violations of criminal code under Article 298 of the CPC BiH, and incorrectly or incompletely established facts under Article 299 of the CPC BiH, moving the Appellate Division Panel to fully grant the appeal as well-founded, revoke the trial judgment and hold a retrial.
Defense counsel for all the accused individually filed responses from Prosecutor’s appeal, moving that the Appellate Panel deny Prosecutor’s appeal as ill-founded, and uphold the trial judgment in its entirety.
Pursuant to Article 304 of the CPC BiH, the Appellate Panel held a session on 16 January 2018, at which the Prosecutor briefly presented appellate grievances and relevant reasons, while the defense teams presented their respective responses to the appeal, stated the BiH Court.
(FENA)
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