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. |