There is no violation of Article 5 of the European Convention in the situation where the appellant’s petition for reopening the proceedings was granted and his detention was extended based on Article 191, paragraph 1(4) of the Criminal Procedure Code (the seriousness of the criminal offence). The mentioned basis is an objective and unchangeable category and the application of this basis depends exclusively on the existence of an abstract danger in each criminal offence, i.e. on the punishment prescribed for the offence committed. Consequently, this is not affected by the fact that the appellant, by reason of the principle reformatio in peius, cannot be imposed a more severe punishment than that imposed earlier.
• Decision on Admissibility and Merits No. AP 330/04 of 17 December 2004, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 38/05
