The protector of property and legal interests believes that the Institute for Public Health has all the prerequisites to initiate a claim for damages against the assistant director Miljana Pavličić because she was doing work for which she was not qualified, if she used the forged diploma for which she was found guilty by the verdict of the Basic Court in Podgorica in order to get a job at that institution.
This is what the protector of property and legal interests answered to "Vijesti" yesterday Bojana Cirovic.
From the verdict from 2010, which "Vijesti" had access to, it can be seen that the Basic Court Pavličić ordered the confiscation of two certificates from the Faculty of Chemistry in Belgrade, as items used to commit a criminal offense, in order to "remove conditions and conditions that can be of influence to commit criminal acts in the future"...
Admitted guilt, acted with premeditation
According to the verdict from 2014, Pavličić confessed in court to the criminal offense she was charged with.
"Assessing the psychological attitude of the defendant Pavličić Miljana towards the committed criminal act, falsification of a document from Article 412 of the CC, the court finds that the defendant acted in the aforementioned manner, i.e. in the manner in which she used as a real, false public document - a certificate of completion of the Faculty of Chemistry of the University of Belgrade, Republic of Serbia, in which false information was entered that she graduated from the Faculty of Chemistry on January 18, 1, by submitting the same to the Ministry of Education and Science of Montenegro with a request for recognition of a foreign educational document, she was aware of her work, which wanted the execution, acting with direct intent," the verdict reads.
According to the verdict, when deciding on the type and amount of the criminal sanction, the court took into account all the circumstances on the part of the defendant..., and appreciated her lack of conviction.
"The court, taking into account the mitigating circumstances, and in the absence of aggravating circumstances, imposed a suspended sentence on the defendant, by which it established a prison sentence of four months and at the same time determined a two-year probation period, that is, that the determined sentence will not be carried out if the defendant is sentenced within two years from the finality of the verdict, he does not commit a criminal offense. The court also found that in this particular case, taking into account all of the above, it can be expected that a warning with the threat of punishment will influence the defendant not to commit criminal acts in the future," the judge's verdict states. Nade Rabrenović.
She claimed in court that she was unemployed
During the hearing, Pavličić claimed in the court as a defendant that she was unemployed, and this is also stated in the judgment that became enforceable in May 2014. During that period, she worked at the Institute for Public Health (IJZ) for four years, according to the then director Boban Mugoša.
Lawyers contacted by "Vijesti" claim that she, as a defendant, could present false information in her defense, and that the courts usually do not check information on whether the defendants are employed or not.
The Basic Court in Podgorica told "Vijesti" yesterday that personal data is taken from defendants in accordance with Article 100 of the Code of Criminal Procedure, which stipulates that when the defendant is questioned for the first time, he is asked for his first and last name, unique identification number, nickname , if he has one, parents' first and last name, mother's maiden name, where he was born, where he lives, day, month and year of birth, whose citizen he is, whether he understands the Montenegrin language and what his language is, what is his occupation, what are his family circumstances, whether he is literate, what school he graduated from, what is his financial situation, whether, when and why he was convicted, whether and when he served the sentence, whether proceedings are being conducted against him for another criminal offense, and if he is a minor, who is his legal representative.
When asked if someone was responsible because he had previously certified a false certificate of completed studies at the Faculty of Chemistry of the University of Belgrade in the Basic Court, they said that "the certification of the transcript by the court only confirms that the 'copy' and the 'original' are the same in terms of content , and by no means confirms that this content is true, because, as stated, the examination of the credibility of the educational document is within the competence of the Ministry".
The Basic State Prosecutor's Office (ODT) in Podgorica opened a case regarding allegations from the media that Pavličić never graduated from the Faculty of Chemistry at the University of Belgrade, and that she worked and advanced in the IJZ for years with a falsified certificate.
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