The higher public prosecutor's office in Novi Sad appealed to the Court of Appeal in Novi Sad against the decision of the High Court in Novi Sad that suspend criminal proceedings against Goran Vesić, Jelena Tanasković, Anita Dimoski, Milan Spremić, Marina Gavrilović and Dejan Todorović in the event of a fall canopies at the Novi Sad Railway Station.
As stated in the announcement, after a detailed analysis, the Supreme Court found that the decision of the panel of the High Court was affected by a number of significant violations of the provisions of the criminal procedure, because the reasons for the challenged decision are contradictory statements, the reasons for all the facts that are the subject of proof are not stated, and the reasons given are completely unclear and to a considerable extent contradictory.
Wrong conclusions
The Prosecution claims that the panel of the High Court in Novi Sad made a wrong conclusion that there is no room for accusations in relation to the mentioned defendants and, consequently, a wrong conclusion regarding the cancellation of the measure prohibiting the defendants from leaving the apartment.
The complaint of the VJT in Novi Sad pointed out significant violations of the provisions of the criminal procedure. It was assessed that the reasons for the decision are contradictory statements in legally relevant facts, so that examining the essence of the matter is impossible, while the reasons are completely wrong.
The appeal decision ruled that there is not enough evidence for reasonable suspicion that the six defendants committed the criminal offense that is the subject of the accusation. In explaining such a position, the panel of the High Court in Novi Sad, under the apparent form of reasoning that there is no evidence, actually stated that there was no criminal offense in the actions of the defendants, which is why there is no clear idea of the essential and real content of the court's decision, the announcement states.
Lack of attention
It is claimed that it is obvious that the acting panel did not consider the allegations of the indictment with special attention, as it is stated in the decision, or did not understand the criminal acts that are charged to the defendants, as well as the cause and effect relationship between their incriminated actions and the occurrence of the consequences, the VJT statement adds.
It is established that the panel of the High Court in Novi Sad, evaluating the evidence, engaged in the evaluation and existence of special elements that constitute the elements of certain criminal acts, which should be the subject of a reasoned discussion on all the facts established on the basis of the evidence presented at the main trial.
Only after the adversarial proceedings have been conducted, the court would be able to assess the issue of guilt and the correct application of the criminal law, according to the announcement.
It is added that the VJT in Novi Sad indicates that, in the case of confirmation of the decision of the High Court in Novi Sad, the public would be deprived of attending the presentation of all the evidence of the public prosecution and defense in the proceedings before the court at the public main hearing.
If the position of the panel of the High Court in Novi Sad were to be accepted, it would mean that persons, even though they are aware that they do not comply with the regulations of Serbia and agree to the occurrence of harmful consequences, could not be held criminally responsible for (not) taking actions that they are obliged to do according to the regulations, VJT claims.
Source: FoNet
Big holiday discount on "Vreme" - subscriptions 25 percent cheaper until mid-January. Give it away subscription to yourself or to someone else, read what matters.
