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KŽ II 456/99The Serbian Supreme Court in the trial panel comprised of Judges: DragomirStojanović as Presiding Judge, Miodrag Jakoviljević and Boža Rakočevićas jurors, with Counsellor Olivera Purić as court reporter, in the criminalproceedings against defendants Saša Cvjetan from Novi Sad and DejanDemirović from Beška, initiated because of the criminal act of murder pursuantto Article 47 Paragraph 2 Item 6 of the Republic of Serbia CriminalCode (RS CC) and others, ruling on the Prokuplje Public Prosecutor’s appeallodged against the Prokuplje District Court’s decision Kv. number 35/99 from 16 June 1999, in the panel session on 13 July 1999, made the followingRULINGThe Prokuplje Public Prosecution’s appeal is SUSTAINED and Prokuplje DistrictCourt’s decision Kv. number 35/99 from 16 June 1999 is DISMISSEDand case returned to the first instance court for further procedure.Statement of ReasonsThe Prokuplje District Court’s decision Kv. number 35/99 from 16 June1999 under Item 1 closed the investigation against Saša Cvjetan and DejanDemirović, which was ordered by the Prokuplje District Court InvestigativeJudge’s ruling Ki number 20/99 on 24 May 1999 pursuant to Article 171 Paragraph1 Item 4, and terminated the detention against the defendants establishedby the same investigative judge’s decision Ki 20/99 from 24 May1999, which was enacted as of 21 May 1999, and it was ordered that theybe released immediately.The Prokuplje District Public Prosecution lodged an appeal (Kv. number 35/99) against the first instance decision in the legal time limit because of thegrave violations of the criminal proceedings provisions, falsely determinedfactual background, and violation of the criminal code with the proposal todismiss the decision and return the case into the investigation phase.30