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This decision, posted on the court's website, overturned the trial court's judgment in which the accused were sentenced to terms of imprisonment and seizure of property.
The judgment at first instance was quashed. the second instance verdict on which they complained the defendant in the third instance – and now the acquittal is again passed.
Aside from Rajić, the lack of evidence was finally released from Druš Acting Director of the Society "Narodna lutrija" Belgrade Goran Šljapić, Director of the Institute for Economic and Economic Development Mirjana Marjanović and the architect in this institution Milivoje Karadžić
Head of the Public Administration of Public Revenue – Božko Spasojević
In the reasoning of the decision of the Court of Third Instance of the Court of Justice. appeal, it is stated that "appeals filed by defense lawyers Sljaljic and Rajic indicate that there is no evidence in the records they say that they have committed a criminal offense of the manner described in the indictment. "
The Court of Appeal concludes that it has not been proved that Rajic persuaded Šljapić to do, on behalf of DP "Narodna lutrija", his other company "Centar promises" doo Vla ški Sells business premises in Požarevac at a price well below the market price.
"From the decision of the Board of Directors of the People's Lottery of October 8, 2001, it is established that Sljapic was appointed Acting Executive Director of that company and he held this position from October 10, 2001 to October 2005 ", indicates the decision
It appears from the file that, on the proposal of the chairman of the board of directors and the director of the National People's Department, on June 19, 2002, the assembly of this society approves the sale of commercial premises in Požarevac and the starting price is determined by an agency approved to estimate the market value of the real estate, in that .D In addition, during the proceedings, it was established that the President of the Popular People's Party participated in the decision of the Board of Directors to propose to the Assembly the sale of the building in Pozarevac in order to settle the debts of the tax administration
For all the above , the Court of Appeal concluded that there was no evidence that Rajic had persuaded Šljapić to sell his business in Požarevac on behalf of DP "Narodna lutrija" to his company, since the elements of evidence presented at the hearing this court proceeds precisely that DP "Narodna lutrija" because of its tax obligations of its authorized bodies, decided to sell the stores concerned to Pozarevac.
The Court of Appeal adds that it was not supported by credible evidence. the object in question was much lower than the market value, which allowed Šljapić to sell the bar at a much lower price
"The market value of the building is not the same as the value of the building and may be lower or higher.
The court added that it did not accept the conclusions and opinion of the expert because "it is clear that the value of construction of the building is determined on the basis of the consumption of materials, works and costs and construction of the building, taking into account the depreciation of the building determining the age of this building, while the market value of the building is determined on the basis of quoted prices for installations of the same location and of similar quality and whose turnover is already realized from the offer for objects whose turnover does not has not yet been reached, since the supply and price r "
The Court of Appeal also concludes that there was no evidence that Mirjana Marjanović and Bosko Spasović had committed any criminal acts as described in the deed of action. accusation.
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