Then an active officer of the Kotor police Marko Novakovic he personally drafted the written invitation Jovan Vukotić to immediately come to the Security Department there, about which he informed Ljub Milović, and this one Radoja Zvicer, which enabled him to inform about it in a timely manner Petar Mujović in order to wait and kill the leader of the Skaljar clan.
This is written in the judgment of the Supreme Court, which adopted the request for the protection of the legality of the Supreme State Prosecutor's Office - that the lower-level High Court and the Court of Appeal violated the law when they concluded that there was no room for accusations against the defendants Milović and Novaković that they had committed a criminal offense - attempted murder by aiding and abetting , to the detriment of the now deceased Vukotić.
They remind that in the indictment of the Special State Prosecutor's Office (SDT) it is stated that the police patrol from Kotor stopped him near the Vrmac tunnel in an armored car, of which Novaković was officially informed and after which he personally made a written invitation to the victim to immediately come to the premises of the Police Administration in Kotor in order to carry out an alleged informational interview...
"Well, after he refused to enter the official premises as a citizen without a written invitation, about which he immediately informed the defendant M.Lj., who at that time was suspended from work at the Ministry of the Interior, using the encrypted SKY ECC application using pin B4D2B1 of affairs of Montenegro and who immediately transmitted the information about the current location of the damaged VJ, which he obtained without authorization, to the organizer in the same way via the encrypted application SKY ECC using the pin 5S7GLO criminal organization, the defendant ZR and thus enabled him, together with the defendant KS and VM, to promptly order the immediate executor, now convicted Mujović Petar, to wait for the victim, now deceased VJ, at the door of the Kotor Security Department Police Administration building and deprive him of his life, from a previously prepared of a gun in which the bullet was in the barrel and ready to fire, which was prevented by the officers of the police administration depriving the now-convicted PM of his freedom," the prosecutor's document states.
That is why, the Supreme Court states, there is an attempt, because Mujović was waiting for the victim to come by with his gun ready.
"In addition, the Supreme Court of Montenegro also took into account the temporal connection between the execution of the criminal offense and its consequences, because the defendants M.Lj. and NM knew that the victim was coming to the very place where the now-convicted MP was waiting for his arrival, from which it follows that the arrival of the victim was not uncertain, but on the contrary verified, and that therefore there is a subjectively objective connection, taking into account spatial and temporal unity, which indicates that it is about an attempt, not about preparatory actions, as it is rightly pointed out in the request for the protection of the legality of the Supreme State Prosecutor".
They explain that this conclusion is supported by the fact that from the case file, i.e. the content of the messages exchanged via the Skay application, between 12.11.20 and 13.32.35 h, in the so-called group chat between the leaders of the Swiss criminal clan Kavaka, Milan Vujotić i Slobodan Kašćelan.
"(They) exchange messages with each other: 'old man, get the little one ready', 'the little one will be ready in 10 minutes', 'what estuary is there', 'Czech Zbrojevka', 'how many bullets are there, not mine to shoot him', '15 bullets' , 'let him go in front of the station', 'he's moving fast', 'he won't let him come to the station and ask if he's been arrested, there are Marko and Ćetko and Dukić at the tunnel', 'how much is it for in front', 'to go directly to the station, he is ready from now on', 'is he to go directly to the station', 'if anyone asks him anything - I'm waiting for my father', 'he has to wear a crypt, they've gone, it's not easy to do' , 'it's not easy but we'll have to', 'who's driving it', 'it pulls and sucks', 'don't let the cameras record them', 'they'll leave it 100 meters from the station', 'just let it lie in the car so it won't be seen', "I said that he is lying from the back, but he doesn't know the entrance to the emergency room"... "they have two blinds, they won't be able to get out and will have to go to the office", followed by a picture message with a photo showing a board with the inscription of the Muo settlement and in the background the buildings of the Police Department of the Kotor Security Department, and then again the text messages 'it is 100 meters from the station', 'the police station is a white building', 'we know, he is in the parking lot where cars are confiscated', 'can he to pass there and wait for him at the door of the station', 'there are a lot of police, they can't do anything'", according to the Supreme Court, some of the messages exchanged by the members of Zwitzer's group on Sky.
They state that the intention of Zvicer, Kašćelan and Vujotić was aimed at depriving the life of a member of the opposing criminal organization - Vukotić, while the intention of Milović and Novaković was to help in the execution of that criminal act by creating conditions and removing obstacles.
They reason that when considering the intention (intention) of attempted murder in the context of the conflict between opposing criminal organizations, it is important to understand the legal aspects and specific circumstances that prove the intention of the perpetrator.
In particular, in the context of conflict between criminal organizations there are often clear motives for violence, such as revenge, elimination of competition, or control over territory.
"In such situations, the task of the court is to conclude whether the perpetrator had the intention to kill if his actions were aimed at eliminating members of the opposing criminal organization. It is also necessary to consider previous threats and conflicts because if there is evidence of previous threats, conflicts or damaged relations between opposing criminal groups, this may indicate the existence of intent, which is proven through concrete actions taken by the perpetrator. This includes obtaining a weapon, setting up an ambush, following a victim, or other similar activities that indicate an intent to commit murder. Also, messages, conversations or other types of communication between members of criminal organizations that indicate planning and desire to kill can be key evidence for intent. This includes verbal statements or intercepted messages in which murder is planned or ordered. In the event that the attempted murder is the result of the cooperation of several members of a criminal organization, the coordination of activities can be evidence that all participants acted with intent. The collective organization and role of each participant in the execution of the criminal offense may indicate a common intention".
They violated the law in favor of Milović and Novaković
Courts that judged that there was no room for accusations against Milović and Novaković violated the law in favor of those two policemen, the Supreme Court said.
"According to the assessment of this court, the actions of the accused M.Lj. and NM by creating conditions and removing obstacles constitute aiding and abetting the crime of attempted murder. Therefore, this court finds that the lower courts committed a significant violation of the provisions of the criminal procedure from Article 386 paragraph 1 point 9 of the CPC and the violation of the Criminal Procedure Code from Article 294 paragraph 1 point 1 when, during the control of the indictment made a decision that there is no room for accusations against the defendants M.Lj. and NM that they committed the criminal offense of attempted murder by aiding and abetting from Article 143 in conjunction with Article 20 and 25 paragraph 2 in connection with paragraph 1 of the Criminal Code of Montenegro, because the offense that is the subject of the accusation is not a criminal offense. In the case presented, the Supreme Court of Montenegro found that the lower courts violated the law in favor of the defendants from Article 386 paragraph 1 item 9 and Article 410 paragraph 1 of the Code of Criminal Procedure.
Mujović did not give up the murder
The judges of the Supreme Court emphasized that proving intent in attempted murder between opposing criminal organizations requires a careful analysis of all the circumstances of the case:
"Whereas the court's obligation is to use various evidence to determine whether the perpetrator had a specific intention to kill the victim".
They also explained the difference between the preparatory actions and the attempted criminal act, stating that it lies in how far the perpetrator went in the commission of the crime and how close his actions were to the commission of the criminal act itself. They also pointed out that the crime was not completed for reasons independent of Mujović's will, but because of the intervention of the police.
"If the perpetrator already has a weapon ready for use and is waiting for the opportunity to shoot the victim, that should be considered an attempted crime, not preparatory actions, because in this situation the key factor is how close those actions were to the actual act of murder. It is obvious that the criminal offense would have been committed if there had been no police intervention, because the perpetrator did not voluntarily give up the commission of the crime, but was prevented from committing it, because the line between preparatory actions and attempts was crossed from the specific actions ordered by the Supreme Court of Montenegro. Therefore, in the context of putting a bullet in the barrel and waiting for the murder to be carried out, and the perpetrator was already at the place where he expected the victim to arrive and was ready to react immediately, without additional preparatory actions, according to the order of this court, it can be concluded without a doubt that and actions close enough to the commission of a criminal offense to constitute attempted murder. This preparedness indicates imminent danger to the victim. The perpetrator was fully prepared for execution, which shows ability and preparedness," the Supreme Court's decision reads.
The judges point out that a clear intention can be seen from all the actions taken, and that the absence of voluntary withdrawal is confirmed by the fact that the perpetrator did not give up.
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