The Prosecutor's Office of Bosnia and HerzegovinaNews
APPEAL SUBMITTED AGAINST DECISION ON CANCELLED PROHIBITION MEASURES IN NOVALIĆ ET AL. CASE
07.08.2020. 16:11 The Prosecutor’s Office of BiH filed an appeal with the Criminal Chamber of the Court of BiH against the decision of the Preliminary Proceedings Judge of that Court revoking the prohibitive measures against the suspects Fadil Novalić, Fahrudin Solak and Fikret Hodžić in the “Respirators” case, which were imposed ex officio by the Court of BiH, and not at a motion of the Prosecutor’s Office of BiH.
The Prosecutor’s Office of BiH filed an appeal against the said decision because the Court of BiH completely failed to determine whether the prohibitive measures fulfilled the purpose for which they were imposed, since the Court of BiH previously determined the existence of circumstances on the part of the suspects indicating that they could obstruct the criminal proceeding through contacts with witnesses, and then ex officio imposed prohibitive measures to eliminate these circumstances.
The Prosecutor’s Office of BiH is of the opinion that the Court of BiH can make a law-based decision on the need to further apply prohibitive measures against the suspects only after determining the results of measures that were in force, which will determine the need for their continued existence, termination, tightening or replacement with other measures prescribed by law, and after establishing a system of control over the application of the prohibitive measures.
*Note on the principle of presumption of innocence
This announcement does not prejudice the outcome of the criminal proceedings and does not violate the principle of the presumption of innocence. A person shall be considered innocent of a crime until guilt has been established by a final verdict (Article 3, paragraph 1 of the CPC BiH).
This announcement does not prejudice the outcome of the criminal proceedings and does not violate the principle of the presumption of innocence. A person shall be considered innocent of a crime until guilt has been established by a final verdict (Article 3, paragraph 1 of the CPC BiH).
