Duty to identify mitigating circumstances at trial

Notion(s) Filing Case
Appeal Judgement - 08.04.2015 TOLIMIR Zdravko
(IT-05-88/2-A)

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.[1] Appeal proceedings are not the appropriate forum to raise such matters for the first time.[2] Therefore, it was incumbent on Tolimir to identify mitigating circumstances on the trial record in his final brief or during closing arguments.[3] Tolimir’s arguments in this regard are therefore dismissed.

[1] Rule 85(A)(vi) of the Rules.

[2] See Đorđević Appeal Judgement, para. 945. See also Kvočka et al. Appeal Judgement, para. 674.

[3] See Đorđević Appeal Judgement, paras 945-946. See also Bikindi Appeal Judgement, para. 165.

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Notion(s) Filing Case
Appeal Judgement - 31.05.2023 STANIŠIĆ & SIMATOVIĆ
(MICT-13-96-A)

327. The Appeals Chamber recalls that Rule 103(C) of the Rules provides that sentencing submissions shall be addressed during closing arguments, and the Trial Chamber correctly stated that a trial chamber is under no obligation to search for information that counsel did not put before it at the appropriate time in assessing mitigating factors.[1] […]

[1] Ɖorđević Appeal Judgement, para. 945; Mrkšić and Šljivančanin Appeal Judgement, para. 359; Kamuhanda Appeal Judgement, para. 354, n. 787; Kupreškić et al. Appeal Judgement, para. 414. See also Bizimungu Appeal Judgement, para.389.

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IRMCT Rule Rule 103(C)