prijava
SARAJEVO, April 10 (FENA) - In the criminal case against the accused Milan Gavrilović, Panel of Section I for War Crimes of the Appellate Division of the Court of Bosnia and Herzegovina, having held its session, delivered a judgment dismissing as unfounded the appeal by the Prosecutor's Office of Bosnia and Herzegovina and upholding Judgment of the Court of Bosnia and Herzegovina S1 1 K 025339 17 Kri dated 6 October 2017.
Under Judgment of the Court of Bosnia and Herzegovina (Court of BiH) S1 1 K 025339 17 Kri dated 6 October 2017, the accused Milan Gavrilović was acquitted of the charge that he, by the acts described in the enacting clause of the impugned judgment, committed the criminal offense of Crimes against Humanity in violation of Article 172 paragraph 1 subparagraph (h) of the Criminal Code of Bosnia and Herzegovina (CC BiH) as read with subparagraph (k) of the same article (other inhumane acts committed with the intent to cause great suffering or serious injury to body or to physical or mental health), all in conjunction with Articles 29 and 180(1) of the CC BiH.
The Prosecutor’s Office of BiH filed a timely appeal against the referenced judgment on the grounds of essential violation of criminal procedure provisions under Article 297(1)(k) and (2) of the CPC BiH and erroneously and incompletely established facts under Article 299(1) of the CPC BiH, petitioning the second-instance Panel of the Court of BiH to grant the appeal in its entirety, revoke the first-instance judgment and order a trial before the Appellate Division Panel.
Defense counsel submitted a response to the appeal, petitioning the Appellate Panel of the Court of BiH to dismiss the appeal of the Prosecutor’s Office of BiH and uphold the first-instance judgment in its entirety.
Pursuant to Article 304 of the CPC BiH, the Appellate Panel held a session on 2 February 2018 that was attended by Prosecutor of the Prosecutor’s Office of BiH and counsel for the accused Milan Gavrilović; the accused failed to appear despite being duly served. At the session Prosecutor presented the appeal, maintaining the arguments made therein in their entirety. Defense counsel presented a response to the Prosecutor’s appeal, contending that all the arguments in the appeal are ill-founded, stated the BiH Court.
(FENA) S. R.
