Contribution to historical record
Notion(s) | Filing | Case |
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Judgement on Sentencing Appeal - 02.04.2007 |
BRALO Miroslav (IT-95-17-A) |
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At para. 45, the Appeals Chamber found that the contribution to historical record “intrinsically falls within the value given to a guilty plea”: 45. With regard to the Appellant’s claim that the Trial Chamber failed to consider that he contributed to a “historical record”,[1] the Appeals Chamber notes that this factor, although not expressly mentioned by the Trial Chamber, intrinsically falls within the value given to a guilty plea. Indeed, such a contribution to help establish the truth is one of several reasons which have been given in the jurisprudence of the International Tribunal and the ICTR for the mitigating effect of a guilty plea.[2] As such, this factor is part of the substantial weight the Trial Chamber has attached to the Appellant’s guilty plea.[3] [1] Appellant’s Brief, para. 120. [2] Dragan Nikolić Judgement on Sentencing Appeal, para. 49. See also Serugendo Trial Judgement and Sentence, para. 55. [3] Sentencing Judgement, paras 72 and 83. |
ICTR Rule
Rule 101(B)(ii) ICTY Rule Rule 101(B)(ii) |