here - Humanitarian Law Center/Fond za humanitarno pravo

sentence imposed on him. The chamber that delivered the judgment of acquittal failed
sufficiently to take into account the whole context of the events that preceded the acts committed
by the defendant Đaković; instead it artificially placed them in a vacuum, completely isolating
them both from the events that preceded them and in terms of the time and place of their
commission.
The conduct of the TRZ in this case also contributed to the acquittal. On 7 June 2010, the TRZ
amended the indictment by withdrawing the charges against the defendant Nikola Vujnović. The
initial indictment charged Vujnović with sitting on the injured party’s legs while the defendant
Đaković hit the soles of his feet, which would make Vujnović a co-perpetrator in this offence, as
his actions possess all the elements of the offence Đaković was charged with. By dropping the
charges against Vujnović, the TRZ did not allow the court to decide on the guilt of all persons
involved in the commission of this offence. In view of this, had Đaković been finally convicted, it
would have created a paradoxical situation where one person would have been convicted and
another person, a co-perpetrator, would have been acquitted. It should be noted that there were no
legal obstacles to prosecuting Vujnović.
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