Voluntary surrender while incarcerated

Notion(s) Filing Case
Appeal Judgement - 28.02.2005 KVOČKA et al.

In considering whether an Appellant’s surrender while incarcerated could be considered as voluntary and thus as a mitigating factor in sentencing, the Appeals Chamber found that given that the lack of cooperation between the authorities of Republika Srpska and the International Tribunal during the period under consideration may have impacted upon the likelihood of extradition, the voluntary surrender could be considered a mitigating factor (para. 712).  However, the fact of incarceration meant that this mitigating factor would not be given much weight (para. 713).

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