The Appellate Court of Montenegro accepted the appeal of lawyer Boris Adžić and annulled the first-instance verdict by which the defendant Zlatko M. Jovanović from Danilovgrad was sentenced in the High Court in Podgorica to 30 years in prison for the crime of aggravated murder.
The case is returned to the court for retrial.
"The appeals of the accused and his ex officio lawyer, lawyer Boris Adžić, are upheld, and in connection with these appeals and ex officio, the judgment of the High Court in Podgorica is annulled and the case is returned to the first instance court for a retrial," the decision states.
In the explanation, it is stated that in the judgment itself, significant violations of the provisions of the criminal procedure were committed, which were partly pointed out by the filed appeals, and which were partly determined by the Court of Appeal.
"Essential violations consist in the fact that the first-instance judgment did not state the reasons for decisive facts, the reasons that were stated are completely unclear and to a considerable extent contradictory, and in decisive facts there is a contradiction between what is stated in the reasons for the verdict. Based on the appeals of the accused and his defense counsel, it is indicated that there is no reason for decisive facts regarding the testimony of witnesses KP, SM, JC and IM, on which the first-instance court bases its decision, and which are of significant influence in determining the guilt of the accused," the explanation of the decision reads. .
It is further stated that for the existence of murder in a brutal manner, objective and subjective elements must be fulfilled.
"The objective element was achieved by inflicting severe torment and suffering on the murdered person, which in terms of result and duration would exceed the scope of regular suffering in the case of deprivation of life. The subjective element consists in such behavior of the perpetrator that to a greater extent indicates his insensitivity, corruption and desire to enjoy inflicting pain and suffering on the victim, i.e. that the perpetrator was aware that as a result of the injuries he inflicted, the victim suffers pain and suffering of great intensity, i.e. that he was aware that he was torturing the victim for a long period of time and that she was suffering, so he wanted it or agreed to it. In order for there to be a criminal offense of aggravated murder in a brutal manner, in addition to the objective elements, it is necessary to fulfill the subjective elements, for which there is no reason in the first-instance verdict, when it comes to this qualifying circumstance", the explanation of the decision of the Court of Appeals states. Presenting his defense before the court, the defendant Jovanović stated that he was not guilty of the murder of Zoran Pavićević in Danilovgrad in the restaurant "Obala".
"I understood the allegations in the indictment. I am not guilty. It is not true what the prosecutor read in the indictment that I killed Pavićević out of self-interest," said the defendant.
In the indictment, it is stated that the defendant Jovanovic gave Pavićević at least 19 blows in the head area. According to the indictment, on the night between November 23 and 24, 2020, between 20,00:06,00 p.m. and XNUMX:XNUMX a.m. in Danilovgrad, in the "Obala" restaurant, he killed Pavićević in a cruel way out of self-interest and premeditation.
"Aware of his act, which he wanted to carry out, in such a way that he stabbed the injured party with a knife, one of which was in the left subclavian area, and two in the inner half and on the front side of the chest, and inflicted cuts on the injured party in the area of the front side of the chest , in the middle and left chest area in three places, and inflicted at least 19 blows in the head area with a solid, mechanical tool. It is added that while he was defending himself from the blows, he gave him at least two blows with a mechanical tool, thus inflicting physical injuries on him, due to which the victim suffered intense pain and fear. The defendant then took from the bar of the establishment all the money that was there in the property of the catering establishment in the amount of around 70 euros in metal denominations. "Zlatko Jovanović is accused of having committed the criminal offense of aggravated murder under Article 144 points 1 and 4 of the Criminal Code of Montenegro," the indictment states.
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