They are again deciding on custody for a minor from Nikšić

The court will again decide on the detention of a minor, suspected of the death of an XNUMX-year-old girl from Nikšić.

This was done after the Court of Appeal accepted the appeal of the Higher State Prosecutor's Office.

They appealed against the decision of the High Court, which rejected the proposal to order the suspect into custody for up to 30 days, and instead ordered the measure of temporary placement in the Educational Institution - Center for Children and Youth "Ljubović".

The Court of Appeal states that the prosecution's appeal is justified in challenging the first-instance decision due to a significant violation of the provisions of the criminal procedure...

"This is due to the fact that the sentence of the first-instance decision is incomprehensible and self-contradictory, and that the first-instance decision has no reasons for decisive facts, and the reasons given are unclear, which makes the contested decision incomprehensible, which is why it had to be canceled," the court's decision states. .

It is stated that due to the reasons given by the first instance court, in relation to the grounds for detention according to the prosecutor's proposal, it cannot be concluded whether the first instance court accepts whether the minor is reasonably suspected of having committed a criminal offense - aggravated murder, because in relation to that fact the court does not state...

"And then it states that there are no reasons for ordering detention on any of the grounds for detention according to the prosecutor's proposal, which is extremely unclear and contrary to the obligations of the first-instance court to determine whether there is a well-founded suspicion that a certain person has committed a criminal offense, and then to determine and clearly state in relation to the proposed, according to the prosecutor, grounds for ordering detention".

"Rejection of the prosecutor's proposal to order custody of the minor, and then determining the measure of temporary placement of the minor in an educational institution, given the fact that for both decisions it is necessary to determine the reasons in terms of Art. 175 of the Criminal Procedure Code and Art. 62 of the Act on treatment of minors in criminal proceedings, renders the sentence of the first-instance decision incomprehensible. As the first-instance decision was made with the above-mentioned essential violations of the provisions of the criminal procedure... and the Code of Criminal Procedure, it was necessary to cancel the contested decision", the decision of the Appellate Court reads.