The Appellate Court of Montenegro canceled the first-instance verdict against Goran Brajović from Podgorica, and Colombians Costan Casa Jose Aleksandar and Caicedo Bandoya Juan David, due to reasonable suspicion that they committed a criminal offense - the creation of a criminal organization formed with the aim of committing an unspecified number of serious crimes - murders in Montenegro Burning.
By the first-instance verdict of the Higher Court in Podgorica, the defendant Brajović and Juan Davida Caicedo were each sentenced to two and a half years in prison, while Jose Aleksandar was sentenced to three years in prison.
In the explanation of the decision of the Appellate Court, it is stated that the first-instance verdict states general formulations when it comes to the act of committing a criminal offense - the creation of a criminal organization without specifying the actions that constitute that criminal offense.
"It is necessary to specify the action that constitutes a criminal offense, with the facts and circumstances that make up the features of the perpetrator's criminal offense, and the facts that are important for identifying the criminal offense and distinguishing it from any other criminal offense, time, place, method and means, and all of which represent the factual basis of the verdict," the decision states.
According to the verdict, Brajović and Colombian citizens became members of a criminal organization formed by an unknown person on the territory of Montenegro, Bosnia and Herzegovina, Croatia, Austria, Turkey and Colombia, with the aim of committing criminal acts.
In the investigation, presenting his defense, the defendant Juan David essentially admitted to committing the crime he was charged with, and stated that in Colombia, where he lives, he was asked by a person to come to Montenegro and kill a man, which he accepted. so he came to Montenegro together with his acquaintance from Colombia, describing the course of his journey and the fact that they were always waited for by other persons and transported to the border of Montenegro and Bosnia and Herzegovina, so that a third person would illegally bring them past the border crossings into Montenegro, where were stopped by this person who brought them to Montenegro in a white vehicle and that they were supposed to be transferred to some location unknown to them.
In the investigation, the defendant Jose Aleksandar admitted to committing the crime, stating that he was in Colombia, where he lives, and was asked by a person to come to Montenegro and kill a man, which he accepted.
He further states that the agreement was to come for the amount of 25.000 euros and kill one person whose identity they did not know at the time of the agreement, but they would have been told this when they came to Montenegro.
They were supposed to do all that for the amount of 25.000 euros, and if they were later ordered to kill someone else, they would do it. As the reason for the liquidation, the defendant states that he understood from the story that it was about some kind of rivalry, but he was unable to explain what kind of rivalry it was, with the fact that he states that the people who hired him are serious, in the sense that it is an organization that is very big and dangerous.
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