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Humanitarian Law Centercommitting the acts they were charged with. Relying on the documentsfrom the case file, they claim that, during the cleansing of the area, Cvjetanfound and took a pistol from one house, but there is no evidence that hetook it for himself.The Supreme Court finds that the aforementioned conclusions of the firstinstance court could not be accepted for the time being because the reasonsgiven are confronting the content of evidence and the information inthe documents, which represents a grave violation of the criminal proceedingsprovisions pursuant to Article 364 Paragraph 1 Item 11 of the CPC, andthe factual background is falsely determined and thus the regularity of theCriminal Code application is also questionable, which was well noted in thePublic Prosecutor’s appeal.According to Article 157 Paragraph 1 of the CPC, the investigation againstcertain person is opened only when there is reasonable doubt that the personcommitted the criminal act.The provision from Paragraph 2 of the same article prescribes - that evidenceand information necessary to file an indictment or dismiss the procedureshould be collected in the investigation, as well as evidence, whichcould be impossible to repeat in the main hearing or its presentation couldbe full of difficulties and other evidence, which could be useful for the proceedingsand, regarding the circumstances of the case, its presentationwould be appropriate.Based on the evidence provided and documents in the case file, the investigativejudge agreed with the Public Prosecutor’s Investigation Opening RequestKt. 25/99 from 24 May 1999 and pursuant to Article 159 Paragraph 1of the CPC, he issued the investigation opening decision Ki number 20/99on 24 May 1999 against defendants Saša Cvjetan and Dejan Demirović becauseof the reasonable doubt that each of them committed an act of murderpursuant to Article 47 Paragraph 2 Item 6 of the RS CC, and that defendantCvjetan committed an act of aggravated larceny pursuant to Article166 Paragraph 1 Item 4 of the RS CC, and act of illegal weapons possessionpursuant to Article 33 Paragraph 1 of the Law on Weapons and Ammunition.By the same decision, based on Article 191 Paragraphs 1 and 2 Item32