Expression of regret

Notion(s) Filing Case
Appeal Judgement - 04.12.2012 LUKIĆ & LUKIĆ

662. The Appeals Chamber recalls that expressions of regret may be considered in mitigation, provided they are expressed sincerely.[1] The Trial Chamber did not consider the statements by Sredoje Lukić’s counsel to be expressions of remorse of the kind contemplated by law, but took “these statements into account as expressions of sympathy and compassion for the suffering of the victims of the crimes”.[2] The Trial Chamber found that in light of the gravity of the crimes, “the statements are not substantial enough to warrant great weight being placed upon them as a mitigating factor”.[3] Sredoje Lukić has not shown that the Trial Chamber erred in this respect.

[1] Vasiljević Appeal Judgement, para. 177; Sikirica et al. Sentencing Judgement, paras 152, 194, 230; Todorović Sentencing Judgement, paras 89-92; Erdemović Sentencing Judgement, para. 16(iii).

[2] Trial Judgement, para. 1094.

[3] Trial Judgement, para. 1094. See also Trial Judgement, para. 1098.

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