"I'm holding the gun because of you, so I can shoot you," Š. M. said to his wife, according to the records of the Higher Court in Bijelo Polje, in a case being conducted on suspicion of domestic violence.
Due to these threats and the circumstances under which they were made, the Higher Court in Bijelo Polje rejected the appeal of the defendant's defense attorney and upheld the decision of the Basic Court in Plav, which ordered the Plav resident to be detained for 30 days, on suspicion of committing the criminal offense of domestic violence or violence in the family community.
As stated in the decision, the High Court panel, chaired by Judge Svetlana Načić, with council members Milanka Jokić i Bojana Radovic, decided on an appeal against the decision of the investigating judge of the Basic Court in Plav dated December 31, 2025.
The defendant was remanded in custody due to the risk that he might repeat the criminal offense or commit the criminal offense he is threatening to commit (Article 175, paragraph 1, item 3 of the Code of Criminal Procedure).
He is charged with committing the crime of domestic violence or violence within a family community...
His detention was ordered for 30 days, starting on December 29, 2025...
The explanation of the decision states that the reasonable suspicion arises from the statement of the injured party - the defendant's wife, given before the competent prosecutor's office, when she stated that on December 29, 2025, while she was doing chores around the livestock, the defendant came and told her that he would kick her out of the house.
After she entered the family home, where their daughter was, the defendant, according to her allegations, followed her in and made serious threats to her, which she perceived as realistic and which caused her to fear for her own life and the safety of her children, considering that he owned a hunting rifle and ammunition.
"Š. insulted her even in the presence of the police, telling her 'you are a nervous patient, I will kick you out of the house, whoever wants you has the door open, and whoever doesn't want to, let them stay here with me'".
It is added that he then threatened his daughter, stating that he would kill her: "I will... kill you, so that I know I don't have you anymore."
The injured party also stated that the defendant had been violent towards her before, including physical violence, but that she had not previously reported these cases.
"A reasonable suspicion is the basic prerequisite for ordering detention of a person, while the fact that the defendant has actually committed the criminal offenses with which he is charged will be determined in the further course of the criminal proceedings... When issuing the contested decision of the investigating judge, there were no irregularities pointed out by the defendant's defense attorney, nor any significant violations of the CPC, which the court monitors ex officio... In relation to his decision, the investigating judge provided clear and valid reasons that are also accepted by the panel of this court. According to the panel, ordering detention against this defendant is justified and based on the law, and there are special circumstances that indicate that the defendant, taking into account the above-mentioned factual situation in the case files, could commit the criminal offense he is threatening to commit," the Higher Court concluded.
They also concluded that the purpose of detention, at this stage of the proceedings, could not be achieved by any of the more lenient legal measures, which is why detention, given its duration so far, is not disproportionate to the gravity and nature of the criminal offenses with which the defendant is charged.
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