The Court of Appeal of Montenegro announced today that it has overturned the verdict of the Higher Court in Podgorica acquitting EM of rape charges and returned the case to the first instance court for a retrial.
"The Court of Appeals of Montenegro accepted the appeals of the Higher State Prosecutor's Office in Podgorica and the attorney of the injured party, and therefore, in response to these appeals and ex officio, overturned the verdict of the Higher Court in Podgorica and returned the case to the first instance court for a retrial," the statement said.
As stated by that judicial institution, the decision was made after a closed-door council session held on December 3, 2025.
"By the first-instance verdict, the accused EM was acquitted of the charge of committing the aggravated criminal offense of rape because it was not proven in the proceedings that he committed the criminal offense for which he was charged. Appeals against the aforementioned verdict were filed by the Higher State Prosecutor's Office in Podgorica and the attorney of the injured party," the Court of Appeals said in a statement.
They added that, in the opinion of the Court of Appeal, as the second instance court, in this specific case, the first instance court failed to analyze and assess the evidence that was important for determining the decisive facts related to the incident in question and, in this regard, whether sexual intercourse occurred on the critical occasion without the consent of the injured party, which is an element of the criminal offense with which the accused was charged.
"Due to the significant violations of the provisions of criminal procedure, the first-instance verdict was quashed and the case was returned to the first-instance court for a retrial," the Court of Appeals concluded in a statement.
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