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Pekez was sentenced to 29 years of prison in 2008, according to the Criminal Code of BiH, but the Constitutional Court quashed the verdict in November 2013, because of the wrong application of the law.

According to the Criminal Code of Former Yugoslavia, the maximum sentence was 20 years of prison, which makes the Yugoslav code more lenient.

The Court released Pekez after the Constitutional Court ruling, and after he spent around six years in prison.

He was found guilty for participating in the killings of 23 Bosniak civilians in the village Tisovac near Jajce on September 10 in 1992.
According to the verdict, Pekez was in an armed group of people that agreed to gather Bosniak civilians from Ljoljici and Cerkazovici (municipality of Jajce), and kill them.

In December 2013, after the retrial and application of the Criminal Code of Former Yugoslavia, Mirko (Spire) Pekez was sentenced for this crime to 10 years of prison, and Milorad Savic was sentenced to 15 years of prison, for taking part in the same crime.

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