Agreed mitigating circumstances

Notion(s) Filing Case
Judgement on Sentencing Appeal - 30.08.2005 JOKIĆ Miodrag

47. The Appeals Chamber recalls that Trial Chambers are “required as a matter of law to take account of mitigating circumstances”.[1] The Appeals Chamber is not satisfied that the Trial Chamber wrongly departed from the “balance of probabilities” standard set out in the Čelebići Appeal Judgement. Having recalled the standard in question, the Trial Chamber stated that, in cases of plea agreements, it would primarily rely on the mitigating factors agreed to by the parties. In other words, the Trial Chamber logically relieved the Appellant from discharging the burden of establishing mitigating circumstances on the balance of probabilities with respect to those mitigating circumstances agreed upon by the parties. […]

[1] Serushago Sentencing Appeal Judgement, para. 22. See also Musema Appeal Judgement, para. 395.

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