The Court of Appeals has changed the sentence: Dubljević gets five and a half years in prison for a traffic accident

The Court of Appeal overturned the verdict of the Podgorica Higher Court and sentenced Jovan Dubljević to five and a half years in prison for a traffic accident that occurred on December 31, 2023 in Podgorica, in which two people died.

The Court of Appeal announced that, after a public session of the panel held on July 10, they issued a verdict rejecting as unfounded the appeal filed by Dubljević's defense attorney against the verdict of the Higher Court in Podgorica of March 7.

"The Court of Appeal accepted the appeal of the Higher State Prosecutor's Office (VDT) in Podgorica, and modified the aforementioned verdict in the part of the decision on the sentence by sentencing the accused Dubljević to a prison sentence of five years and six months," the statement said.

The Court of Appeal recalled that by the verdict of the Higher Court in Podgorica, Dubljević was found guilty of the criminal offense of serious offense against the safety of public transport and sentenced to four and a half years in prison, which included the time he spent in custody.

"The Higher State Prosecutor's Office in Podgorica and the defendant's defense attorney filed appeals against that verdict," the statement said.

According to the Court of Appeal, the first instance court, in a legally conducted procedure, properly established all the facts necessary for a proper assessment of the existence of the criminal offense and the guilt of the accused, and correctly applied the Criminal Code, so there were no significant violations of the provisions of criminal procedure.

"However, the Court of Appeals believes that the first instance court did not sufficiently assess the aggravating circumstances that are of decisive importance when deciding on the type and amount of the sentence, i.e. the circumstances under which the crime was committed and the severity of the consequences," the statement says.

The Court of Appeals said that for these reasons they overturned the first-instance verdict in the part regarding the sentence and sentenced the defendant to five and a half years in prison.

The court believes that this sentence represents a measure that is necessary to achieve the purpose of punishment in relation to the general purpose of imposing criminal sanctions, namely that the sentence imposed will influence the accused, but also others, not to commit criminal offenses in the future.

"This is especially true given the fact that the purpose of general prevention is reflected in the expression of social condemnation of the crime and the obligation to respect the law," the statement added.

The Court of Appeals assessed that such a prison sentence would have a deterrent effect on road users from engaging in improper behavior, thereby affecting the safety and security of all road users and contributing to the protection of people and property.