Kolašinka Milica Živković (25) says that the Misdemeanor Court declared her guilty for, as she claims, an attempt to "defend herself from an attack by a foreign EU citizen (3) on Vukman Kruščić Square" on the night between August 4 and 29.
She told "Vijesti" how UE approached, grabbed her chin with his hand, tried to kiss her, and then grabbed her butt.
The girl, he claims, tried to push him away from her, and hit him several times.
Magistrate Alija Beganović found both participants in that incident guilty of violating the Law on Public Order.
"The defendant behaved particularly shamelessly and insultingly towards the victim, in such a way that, after a short communication, he grabbed her chin with his hand, and after she removed her hand from his chin, he grabbed her butt. The defendant physically attacked UE, in the way that she hit him several times, with a closed and open fist, in the area of the head and body," the Court's decision reads.
Due to the violation of the Law on Public Order, UE was fined 300 euros, but, as written in the decision, considering that he was in detention for more than eight and less than 20 hours, his fine was reduced by 25 euros.
Meeting on the street
Živković was given a warning, but she is also obliged to pay 82 euros for the costs of the misdemeanor proceedings, of which 52,50 euros refer to the hiring of an interpreter for the UE's native language
The incident began, according to the "Vijesti" interlocutor, around 1.30:XNUMX a.m., when she and a friend left a cafe in Kolašin to go home.
On the Square, as she said, a foreign citizen addressed them, mentioning the name of a private accommodation.
Previously, as Živković claims, that man was in two cafes at the tables right next to the ones where she and her friend were.
"In cafes, he kept looking at us and gesticulating. Before, he was in company, and after that, in another facility, alone. He followed us when we headed home, and he spoke to us at Vukman Kruščić Square. He mentioned the name of one of the private accommodations. Not realizing at the time that he lived in those apartments, I pointed with my hand to where they were. However, he came up and grabbed my chin with his hand, and then my butt. Then I started to defend myself in an effort to push him away from me and punched. However, he continued to attack, and I continued to defend," says Kolašinka.
Živković claims that UE's attempt to get close to her lasted for more than half an hour, grabbing her by different parts of her body, and as a result she still has a "palm-sized hematoma on her forearm."
The incident was interrupted after a man came by, so, says the "Vijesti" interlocutor, UE ran away.
"During the duration of the incident, he dragged me from Trg towards the street where the apartments are. I didn't know what hit me, I just know that I defended myself as much as I could. I can safely say that I was saved by a young man who came by. The friend was paralyzed from shock, there was no one around us. Since the UE attack, I haven't even been able to call anyone on the phone. When he finally ran away, I just wanted to go home as soon as possible, which is in the immediate vicinity of the place where the incident ended," says Kolašinka.
She explains that, during the incident, an identity card and bank cards fell out of UE's pocket, which she and her friend took with them and took to the police the next day.
About the injuries she suffered, she says she has a report from the Kolasin Emergency Medical Service.
"I'm really amazed at the way the Court for Misdemeanors saw this case, that is, how it qualified my self-defense. I asked the judge and I am also asking the public: When, according to the law and in order not to be blamed, should I have stopped defending myself and allowed an unknown male person, on an empty street, to touch me indecently, grope me, and maybe rape me or more serious injuries? I am very disappointed and additionally hurt and traumatized by the misunderstanding of the institutions, the way in which I was interrogated by the police, as well as the way in which the judge decided. I can't imagine how any other female person would have passed in this incident, who would not have been able to defend herself", says Živković.
Her friend gave an identical statement to Živković's. The court "fully accepted" what the witness said, as written in the decision.
The judge for misdemeanors in the explanation of the decision states that the fact that Živković hit UE cannot be characterized "as a necessary defense or a last resort".
The reason for this, as explained, is "the fact that the action took place on the Square and that the defendant did not immediately call the police at that moment, but used physical force on her own initiative, according to UE".
"During the procedure, it was established that UE used physical force against the victim, which was clearly confirmed by medical documentation. However, the Court could not find the defendant guilty of that offense because the request does not charge him with it," explains the judge.
Another version
UE, who is employed in Kolašin, told Judge Beganović a completely different version of events, compared to the claims of Živković and her friend.
He claims that two girls on the Square said incomprehensible words to him, and then one of them came up and spat in his face and slapped him.
He also said that he tried unsuccessfully "to get her away from him".
In those attempts, according to him, he injured one of the girls.
The defendant also said that he hid for a short time in one of the vehicles from the fleet of the company where he was employed, and that Kolašinka was banging on the car door during that time.
He also said that "he got out of the vehicle, again trying to avoid the conflict, but at that moment a guy came by, grabbed his jacket and tried to hit him".
UE claims that he managed to escape from the scene of the incident, by tearing himself out of the passerby's hands.
The interlocutor of "Vijesti", who insisted that her full name and surname be published, says that she intends to defend "her right to protect herself from bullies" before the courts.
She explains that she hired a lawyer only after the misdemeanor proceedings, and, as she claims, she regrets not doing the best she could, so she did it before going to the police.
Application against Turkish citizen, but also against Živković
The Kolašin police filed a misdemeanor charge against a citizen of the Republic of Turkey, EU (28), due to offenses under Article 7 of the Law on Public Order and Peace, and to the detriment of M. Ž.
The police, according to the reply to "News", acted on the report of Živković, in relation to the event of August 4, which happened around 1.30:XNUMX a.m., during which the EU behaved offensively towards the injured party.
However, a misdemeanor charge was filed against her under Article 10 of the Law on Public Order and Peace. She gave several blows to the face of the EU in the area of the head and body.
As they stated, the state prosecutor was informed about the event, who declared that the actions of that person do not constitute the elements of a criminal offense, after which the police filed a misdemeanor complaint against the EU
"In addition, the EU is sanctioned according to the Law on Aliens, with a fine of 200 euros, and the legal and responsible person to the administrative body (where he is employed) 500 euros and 150 euros," the police administration wrote in the answers.
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