Suspected of beating her ex-unmarried husband on September 20 MU, attacked the policeman M. Đ. and after she was detained and broke the inventory in the Rožajka Security Department, Rožajka EL, will remain in custody due to fears that if she is released, she could repeat the crime or influence a witness.
That decision was made by the panel of the Bjelopolje High Court presided over by a judge Milan Smolović, which included judges Milan Rajkovic i Dragan Dasic.
The judges of that court were deliberating after they received an appeal from the 22-year-old's defense attorney, based on the decision of the Basic Court in Rožaje, which ordered her to be detained for up to 30 days on September XNUMX.
The 21-year-old woman is suspected of having committed criminal acts - violence in the family or in the family community, assault on an official in the performance of official duties, and destruction and damage to other people's property.
Judges Smolović, Rajković and Dašić assessed that the appeal of the suspect's defense counsel was unfounded:
"Because there are reasons for ordering custody of the suspect, on the basis of custody from Art. 448 paragraph 1 point. 2 and 3 of the CPC", it is written in their decision.
They state that the conclusion of the investigating judge is correct - that there is a well-founded suspicion that on September 20, around 12.30:XNUMX p.m., in the family home in Rožaj, the suspect lightly physically injured her ex-common-law husband, MU from Rožaj:
"By hitting him with a glass vase in the area of the head and face, inflicting light physical injuries on him in the form of a superficial wound in the shape of the letter 'L' above the left ear, on the upper part of the head with a length of 3 cm, a hematoma of size 3x3 cm, in the area under the left eye and surface scratches 1 to 2 cm long in the area of the neck and ears".
She is accused of assaulting an official in the performance of official duties on the same day, twenty minutes later, at the bus station in Rožaje:
"And that of the officers of the Rožaje OB Police Administration, M. Đ. from Rožaj, who was performing public security duties, by kicking him in the leg area and pulling him in the chest area with her hands."
It is suspected that she committed the third crime five hours later, at the police station in Rožaj.
"Also, on the same day at around 17.40:XNUMX p.m., in the detention facilities of the Rožaje OB Police Administration, she damaged other people's belongings owned by the State of Montenegro - the Rožaje OB Police Administration, namely a wooden bed, an intercom, a ventilation grill on the door and the wall next to the entrance door."
The judges of the High Court state that there is a well-founded suspicion that EL committed these criminal acts, arising from the criminal report and the evidence attached to it, as well as the defense of the suspect that she gave during the hearing, before the competent prosecution.
"Exposed well-founded suspicion arising from the case file is the basic legal prerequisite for ordering custody of the suspect. In this regard, it should be pointed out that at this stage of the procedure, when the court decides only on the appeal against the decision on custody, it evaluates the evidence up to the level of reasonable doubt, taking into account the presumption of innocence, and whether the suspect committed the criminal offense charged against her the burden can be determined only by the trial panel, with the application of the procedural principle of adversariality", the decision of Bjelopolje judges reads.
It could influence the witness
The panel of the Bjelopolje High Court assessed that the investigating judge, when issuing the order ordering EL's detention, did not make any irregularities that would cast doubt on the legality of the first-instance order, which was pointed out in the appeal of the suspect's defense attorney.
"With the contested decision, the suspect was ordered to be detained on the basis of Art. 448 paragraph 1 point. 2 and 3 of the CPC, that is, due to the existence of circumstances that indicate that the suspect will repeat the criminal offense, or that by remaining at large she will hinder the conduct of the criminal proceedings by influencing the witnesses FK, NM and MN."
They also argue that the investigating judge made a correct decision when he ordered the suspect to be detained on the basis of detention from Art. 448 st. 1 point. 2 of the CPC.
"Given that the relationship between the suspect and the injured party, her ex-common-law husband, has been disturbed for a long period of time, which emerges from the files in question, considering all the circumstances of the specific case, they justify ordering custody on the basis of custody from Art. 448 st. 1 point. 2 of the CPC, at this stage of the procedure, because there is a real danger that the suspect will repeat the criminal offense if she is released," state the judges of the High Court.
They also assessed that the suspect was justified in custody due to the danger of influencing the witness FK, who was not heard in the investigation procedure.
"This panel is of the opinion that there is no danger of influencing the witnesses NM and MN, because they are the same police officers, so it is not logical that the injured party can exert any influence on the content of their testimony, although they also need to be heard in the future procedure, but the above certainly does not affect the regularity and legality of the challenged decision of the first-instance court", the decision reads.
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