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Podujevo 1999 – Beyond Reasonable Doubtinal Code Procedure, the Supreme Court correctly determined and evaluatedall circumstances prescribed under Article 41 of the FRY Criminal ProcedureCode, which could impact the more lenient or more severe punishmentand properly convicted defendant Cvjetan Saša to twenty years ofimprisonment because of the war crime committed against civilian populationprescribed under Article 142 Para of the FRY Criminal Code. The timethe defendant is spending in the pre-trial detention was calculated into thissentence. According to the Supreme Court’s evaluation, the circumstancesand the manner in which this crime was committed, as well as the extremelygrave consequences, completely approve of the conviction prescribed asthe most severe, according to the law applicable at the time the crime wascommitted, for the criminal act in question.The first instance verdict stayed unchanged in the part where the chargesare overruled because the authorized persons did not lodge any appealsagainst this part of the appealed verdict.Because of the aforementioned reasons, pursuant to Article 388 of theCriminal Procedure Code it was decided as said in the enacting terms ofthis verdict.Court ReporterDragana JevrićPresiding JudgeDragomir Milojević351

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