News in English     | 05.02.2018. 13:47 |

BiH Court - Verdict upheld in the Zdenko Andabak case

FENA Press release

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 Zdenko Andabak, following the session of the Appellate Division, handed down a judgment dismissing as ill-founded the appeal filed by the BiH Prosecutor's Office, and upheld the judgment delivered by the Court of Bosnia and Herzegovina, No. S1 1 K 017302 14 Kri of 24 March 2017.  

The Trial Judgment delivered by the Court of Bosnia and Herzegovina (Court of BiH), No. S1 1 K 017302 14 Kri of 24 March 2017, acquitted the accused Zdenko Andabak of the charges that by the actions described in the operative part of the Judgment he committed the criminal offense of War Crimes against Civilians under Article 173(1)c) of the Criminal Code of Bosnia and Herzegovina (CC BiH) as read with Article 29 and Article 180(1) of the Code.

The BiH Prosecutor's Office filed a timely appeal from the Judgment on the grounds of essential violation of criminal procedure (Article 297 of the CPC BiH) and incorrectly and incompletely established facts (Article 296c) of the CPC BiH), moving the Appellate Panel of the Court of BiH to grant the appeal, modify the Trial Judgment, and find the accused guilty and sentence him according to the law, or revoke the judgment and order a re-trial before the Appellate Division Panel. 

Defense counsel submitted his response to the Prosecutor’s appeal, moving that the  Appellate Panel deny Prosecutor’s appeal and uphold the trial judgment in its entirety.

Pursuant to Article 304(4) of the CPC BiH, on 10 November 2017 the Appellate Panel held a session at which the Prosecutor verbally presented his appeal, saying he fully stood by his appellate arguments. Defense counsel also verbally presented his response to the Prosecutor’s appeal, arguing that all appellate grievances were ill-founded. The accused joined his counsel’s arguments, stated the BiH Court. 

(FENA) S. R.

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