SRPSKA PRESIDENT'S DEFENCE TEAM REQUESTS ANNULMENT OF FIRST-INSTANCE JUDGMENT, REVERSAL OR NEW TRIAL

SARAJEVO, JUNE 12 /SRNA/ - Goran Bubić, the attorney of Republika Srpska President Milorad Dodik, today requested the annulment of the first-instance judgment, its reversal into an acquittal, or the holding of a new trial. He also proposed that the Appellate Panel of the unconstitutional Court of BiH seek advisory assistance from European judicial institutions.

Before the Appellate Panel today, Bubić emphasized that the appeal is based on the principle of legality, stating that as of July 7, 2023 – the date the decree was signed – the Criminal Code of BiH did not include a criminal offense of "non-compliance with decisions".

He explained that the Criminal Code has been amended 16 times, and that only Christian Schmidt's decision is not associated with publication in the Official Gazette.

Bubić noted that the evidence submitted in the first-instance trial did not include even a publication on the OHR's website.

"The BiH Prosecutor's Office never submitted evidence confirming that Schmidt’s decision was published on the OHR website," said Bubić.

Without addressing Schmidt's legitimacy, Bubić reiterated the defense’s position that on the date the decree was signed, Schmidt’s decision was not in force under the Criminal Code of BiH.

He proposed that the Appellate Panel seek advisory assistance from European institutions to interpret whether Schmidt's decision was legally in force on the date of the decree.

Bubić also argued that the appeal relates to a lack of equality. "In the constitutional system of BiH, it is not possible for a law adopted at the state level to be in conflict with the entity constitutions," he said.

He added that if a law is imposed that contradicts entity constitutions, this results in legal chaos - which he argued is precisely what has occurred in BiH.

Bubić also presented arguments regarding Schmidt's appointment, stating that the unconstitutional Prosecutor's Office had failed to provide evidence of his appointment during the first-instance trial.

"If a criminal proceeding questions someone’s appointment, then it is necessary to investigate and potentially prove it," Bubić said.

The Appellate Panel rejected the defense’s request for the recusal of two panel members. Presiding judge Vesna Jesenković explained the decision by stating the request was "unfounded".

The unconstitutional BiH Prosecutor's Office has requested that the sentence and security measures against the president of Republika Srpska be extended, and that acting director of the Official Gazette Miloš Lukić - who was acquitted in the first-instance judgment - be found guilty.

The first-instance judgment against Milorad Dodik and Miloš Lukić was handed down on February 26. Dodik was found guilty of disobeying Christian Schmidt’s decisions and was sentenced to one year in prison and a six-year ban from holding the office of President of Republika Srpska. Lukić was acquitted.