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Humanitarian Law Centerright to a fair trial was violated. All of these violations would exist if the allegationpresented by the Supreme Court that the first instance court made a seriousbreach of the Criminal Procedure Code in its verdict by improperly applyingArticle 337 Paragraph 2 of the Criminal Procedure Code because it readthe records without previously obtaining consent of the parties to the trial wastrue. However, since this information is a brazen lie, since the Criminal ProcedureCode provisions were obeyed with consistency and applied properly,there is no violation of the right to the fair trial, the principle of contradiction,and the principle of immediacy. All principles of the criminal procedure areintegrated and incorporated in the Criminal Procedure Code and, therefore,if they are properly applied, they cannot be violated.In this sense, we should remind the public that this Saša Cvjetan’s admissionof guilt is not the only proof that he committed this act. Witnesses who survivedthe execution recognised Saša Cvjetan, when he was placed in line withfour other persons for the identification process, as a person that was presentat the scene during the shooting. One eyewitness also recognised the defendantas a person who came out of the yard where the crime took place, immediatelyafter the shooting and changed the ammunition clip on his rifle. Thereis also a row of other indirect evidence, which is consistent with the direct andimmediate evidence, and represents a logical entity with it and a closed circlein a system of evidence, which clearly shows that Cvjetan shot at civilians.2) The second reason for the dismissal of the verdict is also a result of the SupremeCourt’s second instance trial panel’s false presentation of factual backgroundin defendant Saša Cvjetan’s case file. The Supreme Court does not acceptthe first instance court’s findings that the numbers of rifles issued to themembers of the Scorpions, the unit Cvjetan was a member of, were not registeredand weapons were not identified during the process of returning weapons.Since this conclusion from the first instance verdict was not accepted, theSupreme Court ordered that the rifle with the number Saša Cvjetan was issuedwith be obtained from the Serbian Ministry of Interior and that ballisticexamination be conducted in order to determine whether or not the bulletcases found at the scene were fired from this particular rifle. The first instancecourt determined that none of the Scorpions members neither took nor returnedweapons according to certain number and it was the same for Cvjetan.It was found based on the following evidence:224