Duty to identify mitigating circumstances at trial
|Appeal Judgement - 08.04.2015||
644. As to Tolimir’s argument that it was the Trial Chamber’s duty to consider mitigating circumstances proprio motu […] Rule 86(C) of the Rules provides that sentencing submissions shall be addressed during closing arguments. Rule 85(A)(vi) of the Rules provides that a trial chamber will consider any relevant information that may assist it in determining an appropriate sentence. Appeal proceedings are not the appropriate forum to raise such matters for the first time. Therefore, it was incumbent on Tolimir to identify mitigating circumstances on the trial record in his final brief or during closing arguments. Tolimir’s arguments in this regard are therefore dismissed.
 Rule 85(A)(vi) of the Rules.
 See Đorđević Appeal Judgement, para. 945. See also Kvočka et al. Appeal Judgement, para. 674.
 See Đorđević Appeal Judgement, paras 945-946. See also Bikindi Appeal Judgement, para. 165.