Under the Trial Verdict: S1 1 K 017133 14 Kri dated 3 July 2015, the Accused Srećko Bošković is found guilty that by his actions described in the operative part of the Verdict he committed the criminal offense of war crimes against civilians in violation of Article 142(1) of the Criminal Code of Socialist Federative Republic of Yugoslavia (CC of SFRY) and sentenced to prison term of ten (10) years.
The Prosecution filed an appeal from the said Verdict on grounds of the decision as to the sanction in line with Article 300(1) of the CPC of BIH, moving the Appeals Panel to grant the appeal in its entirety and modify the challenged Verdict in relation to the sanction and punish the Accused to a longer prison term longer than 10 years and to uphold the Trial Verdict in the remaining part.
The Defense Counsel for the Accused filed an appeal from the said Verdict on grounds of: essential violations of criminal proceedings, erroneously and incompletely established state of facts, violation of the Criminal Code, decision as to the sanction and decision on the property claims and violation of Article II/3 of the Constitution of BIH and Article 6(1) of the European Convention on Human Rights and Fundamental Freedoms.
The Appeals Panel held a public session on 21 January 2016 where the Prosecutor and the Defense Counsel for the Accused maintained the written arguments and motions.
Having examined the challenged Verdict within the limits of the appeals grievances, the Appeals Panel reached the said Appeals Verdict.
