COURT OF APPEALS ISSUES A RULING ON HOUSE DETENTION IN CASE OF OLIVER IVANOVIĆ

COURT OF APPEALS ISSUES A RULING ON HOUSE DETENTION IN CASE OF OLIVER IVANOVIĆ

Yesterday , a panel of two international judges and one local judge of the Court of Appeals rendered a ruling concerning the case of defendant Oliver Ivanović.

On 21 January 2016, Basic Court of Mitrovica sentenced Oliver Ivanović to nine years of imprisonment for committing the criminal offence of “War crime against the civilian population”. The Mitrovica Basic Court also issued a ruling extending the measure of house detention against the defendant.

In its ruling of 27 January 2016, the Court of Appeals has found that the measure of house detention was wrongfully imposed. According to the correct interpretation of Article 367, paragraph 2, CPC, detention on remand is mandatory when a defendant has been sentenced to five years or more of imprisonment. There is no discretion in this regard and therefore the Court of Appeals has modified the ruling of the Basic Court, insofar as the measure of house detention against the defendant Oliver Ivanović is to be replaced with the measure of detention on remand, until the judgment becomes final.