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KŽ I 1687/04Serbian Supreme Court based in Belgrade, in the trial panel comprised ofJudges: Novica Peković as presiding judge, Slobodan Gazivoda, Dragišaorević, Sonja Manojlović, and Dragan Aćimović, as jurors, with CounsellorJelena Petković-Milojković, and court reporter in the criminal proceedingsagainst defendant Saša Cvjetan initiated because of the warcrime against civilian persons pursuant to Article 142 Paragraph 1 of theFRY Criminal Code and illegal possession of weapons and ammunition pursuantto Article 33 Paragraph 1 of the Republic of Serbia Law on Weaponsand Ammunition, made a ruling on defendant Saša Cvjetan and his defencecounsellors attorney ore Kalanj, Ilija Radulović, ore Mamula,and Goran Rodić’s appeals against the Belgrade District Court Verdict K.792/02 handed down on 17 March 2004, in the Trial Panel’s session conductedpursuant to Article 375 of the Criminal Code Procedure on 22 December2004 and made the followingRULINGAppeals lodged by defendant Saša Cvjetan and his attorneys are AP-PROVED and the Belgrade District Court’s verdict K. 792/02 handed downon 17 March 2004 is DISMISSED and case sent back to the court of the firstinstance for retrial.The detention will be PROLONGED for defendant Saša Cvjetan, but, accordingto this ruling, it can last two months at most and that would be until22 February 2005.Statement of ReasonsThe Belgrade District Court handed down verdict K. 792/02 on 17 March2004 by which defendant Saša Cvjetan was found guilty of committing twocriminal offences: war crime against civilian population pursuant to Article142 Para 1 of the FRY Criminal Code for which he was sentenced to 20 yearsof imprisonment and illegal weapons and ammunition possession pursuantto Article 33 Para 1 of the Republic of Serbia Law on Weapons and Ammunitionfor which he was sentenced to six months of imprisonment. In line209