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The Court of Appeal annulled the decision of the High Court in Podgorica, which had dismissed the GS Charged with attempted rape and causing damage Millimeterswhich was announced from this court.
“Following the Council meeting held on June 11, 2024, the Court of Appeal of Montenegro accepted the appeal of the Office of the Senior State Prosecutor in Podgorica and the lawyer of the injured MM and annulled the judgment of the High Court in Podgorica K. no. 114/22 dated November 1, 2023. and sent the case back to the Court of First Instance for a new decision,” the Court of Appeal said.
That is, according to the decision of the High Court in Podgorica, the indictment of the High State Prosecutor’s Office in Podgorica, which charged the defendant GS with the criminal offence of attempted rape, was dismissed, as it was established that the defendant had a situation in which he was temporarily unable to stop his acts. The criminal prosecution of the defendant was related to his mental state.
“The Senior State Prosecutor’s Office in Podgorica and lawyers for the injured party appealed against the above decision,” the announcement said.
In its ruling on the appeal, the Montenegrin Court of Appeal held that the appeal was upheld and that the first-instance judgment seriously violated the provisions of criminal procedure.
The judgment pointed out that when there is doubt about whether the defendant’s mental state was impaired or excluded, the first instance court has the obligation to determine through expert testimony whether the defendant had a mental disorder at the time and to what extent. The Court of Appeal said, “The specific circumstances in which the defendant committed the criminal offense and the impact of this mentality on the defendant’s understanding and actions at that time and now.”
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