Monday, May 25, 2015

Namely, after the Constitutional Court accepted the constitutional complaint Branimir Glavas, the S


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Photo: children place Marko Mrkonjic / PIXSELL
The Supreme Court ruled on remand for Branimir Glavas on the occasion of public prosecution appeal the decision of the Zagreb children place County Court, which on 31 March was released from custody. But the decision is not yet ready for shipment parties and it is possible and to change, and according to unofficial information, the Panel of the Supreme Court confirmed children place the decision to release Glavas children place from custody. However, since it is contrary to an earlier decision of another panel of the Supreme Court, chaired by Judge Damir Kos, we found out that in the case of Glavas should meeting of the Criminal Division of the Supreme Court. When asked if it was true, a spokeswoman for the Supreme Court responded to us: "The documents in the case of the defendant. Branimir Glavaš et al. Is currently registered, you must pass through as well as all other decisions before they are by the Croatian Supreme Court, at regular procedure. "
This means that the decision to remand Glavas was taken, but it is possible that at the meeting of the Department be updated. Among other tasks, the Service records "examines every decision of the trial chamber to check whether the decision in accordance with the legal opinion in which an earlier or simultaneous decision, whether the decision in accordance with the contents of the file, and to control the legality of the decision" and "participate in the preparation of the draft law understanding and other materials for the sessions of court divisions and the Plenum. "
Namely, after the Constitutional Court accepted the constitutional complaint Branimir Glavas, the Supreme Court, leading to the principle of proportionality and non-discrimination in relation to the accused persons, decided to remand prison Glavas can last up to 5 May 2016. Then the County Court Council, chaired by Judge Ivan Turudic, children place quashed the remand prison, taking into account that Glavas in custody, remand and serving a sentence for five years, two months and 27 days, or two-thirds of the sentence of eight years in prison on that was sentenced children place quashed verdict.
Taking into account the passage of time than non-final convictions, children place County Court found that there was a further weakening of the causal link between the first-instance judgment and remand, who is obliged when he was sentenced to more than five years, and that, therefore, in this exceptional case, a legal "no sufficient children place reasons for the further detention of the accused Glavas in detention ".
Also, one can not be put at a disadvantage after having succeeded children place with his appeal Glavas with a constitutional complaint, and it is not filed, it would be at large or parole children place from serving a sentence. Thus, the County Court and did not deal with the test of proportionality, which was relevant children place to the Supreme Court. Related articles 'His condition deteriorated' Branimir Glavas again transferred to the prison hospital 03/11/2015 Comments: 18 Mislav Kolakusic 'Then he and Sanader unconstitutionally convicted and Mesic can be president' 02/24/2015 Comments: 43
The legal opinion that the Department take the session is mandatory for all councils within the judicial department, and all appellate judges and councils that department. So, in case the meeting of the Criminal Division decides otherwise, but the Chamber has decided children place to mark Glavas appeal, and would have to accept the Council's position. At the session of the department can be invited professors and other legal experts.
05.16.2015 at 22: 44h
Oh, that glavas Zain already would long ago was free and jugokomunjarsko judiciary would set false witnesses to testify in favor and not against glavasa .... various Fehir .......
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