Indictment rejected: Stanisic free due to prosecutor’s mistake?

Source: Vijesti/SMCG
Indictment rejected: Stanisic free due to prosecutor’s mistake?

PODGORICA, 06.08.2020. – The Basic Court in Podgorica rejected the indictment against Radoslav Gile Stanišić, who is charged for ordering the burning of the “Vijesti” vehicles.

In the decision of Judge Rada Ćetković, it is written that there is not enough evidences that the alleged leader of the Zagorič criminal group is reasonably suspected of having committed a criminal offense – causing general danger by incitement (Article 327, paragraph 1 in conjunction with Article 24, paragraph 1), as claim from the Podgorica Basic State Prosecutor’s Office. Stanišić was identified by the police as the person who ordered the two then minors S. P. and D. M. to set fire to the official cars of “Vijesti”, which they, according to the prosecutors, did on four occasions – from July 14, 2011 to February 13, 2014.

Rejecting the indictment, however, the judge stated that he could not be charged with that crime, because the precondition from the Criminal Code was not fulfilled, that the value of the destroyed property individually exceeds the amount of 20,000 euros.

“In this particular case, there is insufficient evidence to suggest that the defendant incited the direct perpetrators to endanger with each individual action … property worth more than 20,000 euros, and therefore that he is reasonably suspicious of the act which is the subject of the accusation” , states Judge Ćetković.

The Basic State Prosecutor’s Office in Podgorica previously told “Vijesti” that the legal qualification of the crime, given by the state prosecutor, was determined in accordance with the law: “Taking into account the identity of the injured party, the manner of committing the crime and the circumstances under which all incriminated actions were taken, which are described as a way of committing the criminal offense in question. However, the legal qualification of the state prosecutor does not bind the court, but only the factual description. Therefore, according to the state prosecutor, during the investigation, sufficient evidence was collected for a well-founded suspicion that R.S. committed the criminal offense he is charged with, and the state prosecutor will use all legal ways to verify the court’s decision regarding custody for defendant R.S.”.

Earlier, the Council of Judge Nada Rabrenović in the Basic Court in Podgorica lifted the custody of Radoslav Stanišić, because it fund that there was no grounded suspicion that he committed the criminal offense he is charged with.

At the end of May, Stanišić was questioned in the prosecutor’s office and before the investigating judge, where he claimed that he had nothing to do with the series of burning of the cars of the independent daily “Vijesti”.

Stanišić was suspected for ordering the series of ignition of the “Vijesti” vehicle, which began on July 14, 2011.