AN APPEAL WAS FILED AGAINST THE VERDICT OF THE COURT OF BOSNIA AND HERZEGOVINA NO. S1 1 K00 3833 KRI 10 OF APRIL 12, 2013 RENDERED IN THE CRIMINAL CASE V. THE ACCUSED MILORAD ŽIVKOVIĆ AND DUŠKO TADIĆ05.07.2013. 15:06
The Prosecutor's Office of Bosnia and Herzegovina filed an appeal with the Appellate Division of the Court of Bosnia and Herzegovina against the verdict due to essential violations of the criminal proceedings, violations of the criminal code due to incomplete establishment of the state of facts and the decision on the criminal sanction concerning the accused Milorad Živković; and due to violation of the criminal code with regards to Duško Tadić, thus asking the following:
that the Appellate Panel of the Court of Bosnia and Herzegovina grant the appeal of the Prosecutor's Office of Bosnia and Herzegovina and revoke the part of the Court of BiH's judgment, No. S1 10 1 K003833 KrI of April 12, 2013 rejecting the charges listed in count 1. and 1-ć as well as the acquitting part of the verdict to Milorad Živković for charges listed in count 1-ć depriving a person of life (murder) and to hold a hearing; to alter the legal qualification of the acts listed in the sentencing part of the verdict in relation the accused Milorad Živković for charges under count 1) of the verdict so that the acts listed in count 1) of the verdict are legally qualified as acts of Crimes against Humanity under Article 172 Paragraph 1, Subparagraph h) of the Criminal Code of Bosnia and Herzegovina (CC BiH) committed through persecution, incarceration or other severe deprivation of physical liberty in violation of fundamental rules of international law, and other inhumane acts of a similar nature, committed with the intent to cause great suffering or serious physical or psychological harm in conjunction with Article 180, Paragraph 1 of the CC BiH, as well as that the accused Milorad Živković be rendered a lengthier imprisonment term without the use of provisions on reduction of punishment under Article 49 of the CC BIH for the criminal offense under Article 172, Paragraph 1 Subparagraph h) of the Criminal Code of Bosnia and Herzegovina, committed by way of persecution, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, and other inhumane acts of a similar character committed with the intent to cause great suffering, or serious physical or psychological injury to health.
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