Police officer sentenced to three years in prison for fatal accident

Police officer FM was sentenced to three years in prison for a traffic accident in which he died on January 21, 2020. Saša RadevićThe first-instance verdict of the Higher Court in Podgorica was fully confirmed by the Court of Appeal.

The accident occurred at the intersection of Miloša Rašovića Boulevard, 27. marta Street and 4. jula Street, in Zabjelo in Podgorica, when an official police vehicle, an “Opel Astra”, driven by the accused, at high speed and at a red light, crashed into a “VW Tiguan” driven by Radević. The passengers from both vehicles - BN and Š. B. - were also seriously injured in the accident.

The Court of Appeal found that the High Court had correctly assessed all relevant circumstances when determining the sentence. The personal circumstances of the accused - his lack of criminal record, family obligations and the fact that the injured party Š. B. did not join the criminal prosecution - were taken into account as mitigating factors. However, the aggravating circumstance was that MF was on duty at the time of the accident and was driving an official police vehicle, which meant that he had an additional obligation to respect traffic regulations and act with particular care.

"In the process of rendering the first-instance verdict, as well as in the verdict itself, there are no significant violations of the provisions of criminal procedure, nor violations of the Criminal Code. The Court of Appeals examined the verdict in the part of the decision on punishment. The first-instance court correctly established and sufficiently evaluated all the facts, or circumstances, that have an impact on the choice of the type of criminal sanction, and which are of importance for the sentence to be greater or lesser. As for the mitigating circumstances on the part of the accused, the first-instance court correctly assessed his personal circumstances, which are reflected in the fact that he is married and the father of two minor children, whom he is legally obliged to support, his previous life which is reflected in the fact that he has no convictions and that the injured party Š. B. did not join the criminal prosecution."

It is explained that the aggravating circumstance is that he was driving a service vehicle as a police officer on duty and that he was obliged to comply with traffic regulations with additional care and caution...

"As well as the circumstances that constitute the characteristic of the criminal offense in question, which exceed the measure necessary for its existence, and are reflected in the fact that despite the fact that a fatal outcome occurred in relation to Radević Saša, the injuries sustained in the traffic accident also caused serious bodily injuries to witness BN, and the injured party Š. B. serious and life-threatening bodily injuries. The accused, although aware that he was violating traffic regulations and thereby endangering the lives and safety of people, continued driving and passed through the intersection at a red light. At the time of the collision, his vehicle was moving at a speed of approximately 92 km/h, while the vehicle driven by Radević was moving at a speed of 55 km/h. The accident occurred in the zone of the extension of traffic lanes, where the 'Opel' collided head-on with the side of the 'Tiguan'," the explanatory statement of the verdict states.

The court found that Radević entered the intersection on a flashing green light, while the defendant did so on a clear red light, thereby violating several provisions of the Traffic Safety Law.

After the collision, Radević and his passenger fell out of the vehicle. Radević was crushed under his own car, due to the pressure that prevented him from breathing. The court concluded that the accused acted with conscious negligence - he knew that his actions could cause serious consequences, but he lightly assumed that they would not occur.

The verdict is final.

Adequate punishment

The High Court correctly assessed the sentence imposed on the accused when it sentenced him to three years' imprisonment, which is adequate, taking into account the gravity of the criminal offense and the degree of guilt of the accused.

"And it represents a measure that is absolutely necessary to achieve the purpose of punishment, that is, to influence the accused, but also others, not to commit criminal offenses in the future," the verdict states.