Kolasinac N. Š. he will remain in custody for at least a month because he threatened his ex-wife at night that he would kill her, that she should not stand with anyone on the street, nor should she report him to the police...
She reported him on the last day of October, after, as she claims, he drunkenly, with volleys of insults and threats, asked her to bring him their daughter, who was in kindergarten.
On that day, he was deprived of his liberty, and the Kolasin prosecutor's office suspects him of the criminal offense of domestic or family violence.
After he was remanded in custody on November 2, his lawyer appealed against that decision, but the panel of the Belopolje High Court rejected it as unfounded. That court decided on the appeal because the Basic Court in Kolašin cannot form a panel due to an insufficient number of judges.
The victim said that she was with N. Š. lived for a short time in a married union, that they have a three-year-old daughter, and that they divorced in May of this year.
"And since then he has not lived together with the defendant".
The problems started after she entered into an emotional relationship with another partner and since, as she said, her ex-husband found out.
"Since N. found out about it, he constantly threatens her and sends insulting words. He makes threats mostly when he is under the influence of alcohol and in the evening hours. He threatens her that he will kill her, that she must not stand with anyone on the street, and when she tells him that she will report him, he tells her that she must not do that. On critical occasions, he asked her to bring his daughter to him, which she could not do because she was in kindergarten," the judges quoted her testimony.
Insults that, as they claim, he uttered against her, their child, and his ex-wife's mother, as well as threats to create chaos...
"Besides the threatening messages he sends to her, he threatens her partner, causes them to fight and uses every situation to insult them both. He is afraid for his life, he has a feeling of fear, he thinks that the defendant is ready for anything, because he shows it by his actions, and the fear is especially pronounced because the defendant N. heard that he is in a different state. Earlier, she reported him because of physical violence", the judges reported in the explanation of the victim's testimony given to the prosecutor.
They state that the well-founded suspicion that the defendant committed the criminal offense charged against him stems from other evidence contained in the case file.
"The problems, the injured party claims, started after she entered into an emotional relationship with another partner: 'Since N. found out about it, he constantly threatens her and sends insulting words. He sends threats mostly when he is under the influence of alcohol and in the evening hours. He is threatening to kill her'", the judges quoted her testimony
They argue that the detention is justified and based on the law, but also that there are special circumstances that indicate that the defendant could repeat the crime.
"The facts that the relations between the defendant and the injured party have been disturbed for a long period of time, and that according to the damage, the latter has suffered violence from before, that the threats he sent to her on critical occasions caused her a feeling of fear and danger, and all of this with the fact that the defendant, a person who was previously convicted of the same criminal offense, by the judgment of the Basic Court in Kolašin... dated May 09, 05, carried out to the detriment of the defendant M. Ć. All of the above, according to the order of the panel of this court, constitute the circumstances that justify the determination of detention on the basis of detention from Art. 2022 st. 448 point. 1 of the CPC", it is written in the decision of the panel of the Vipeg Court of Bijelo Polje presided over by the judge Milan Smolović.
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