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Podujevo 1999 – Beyond Reasonable Doubtcause the court failed to examine the former Prokuplje District Public ProsecutorMilan Nikolić.It was necessary in this particular criminal case to completely dismiss theaforementioned verdict; to dismiss it also in view of the criminal act pursuantto Article 33 Paragraph 1 of the Republic of Serbia Law on Weapons andAmmunition because it represents integral and correlated entity with thecriminal act from Article 142 Paragraph 1 of the FRY Criminal Code, whichis, among others, related by the time continuance and in line with Article389 Paragraph 3 of the Criminal Procedure Code, this part of the verdictcould not be separated from the verdict without causing damage to thefairness of the entire process of making judgment.Because of everything aforementioned, the first instance verdict shouldhave been dismissed. In the retrial, the first instance court will act uponthe remarks presented in this decision. After it removes the serous violationsmade in the criminal procedure it will be able to reach a legal and legitimatedecision.The Supreme Court believes that it is necessary to prolong the detentionagainst defendant Cvjetan pursuant to Article 142 Paragraph 2 Item 5 of theCriminal Procedure Code since there is reasonable doubt that he committeda crime punishable with more than ten years of imprisonment and it isjustified because of the manner of commission and serious consequencesof the crime. However, in the further trial, the first instance court will especiallyfocus on Article 146, which regulates the duration of the pre-trial detentionafter the verdict is dismissed.Because of the aforementioned, based on Article 389 of the Criminal ProcedureCode, this court made the decision as presented in the above writtentext.Court ReporterJelena Petković-MilojkovićPresiding JudgeNovica Peković217