Anatomy of the Indictment in the case of « Canopies »: manipulations of charges, detention, including deadlines – personal views

More than an obvious illicit impact of the executive-political authorities, especially the President of the Republic, but also the absence of any reaction of the competent judicial authorities.

The Supreme Public Prosecutor, the Chief Public Prosecutors VJT in Novi Sad and in Belgrade, and the Public Prosecutor for Organized Crime, have apparently subjected to pressures and contributed to three prosecutorial cases in front of two senior courses – all in different phases of the proceedings. All evidence of this case are identical, and the Court of Criminal Procedure says that the Court in which the criminal offense has been implemented and that a single procedure can be implemented if there are mutual relation between the commitments.

In general, the great drawback of this procedure is that the Public Prosecutor’s Office and the Court of His work know the public in a timely and adequate way. When it works in occasion or extorted situations, it is routine statements. They ignored the huge interest of the public and decided student request to determine the responsibility for an unemployed tragedy, as soon as the detention case requires special urgency.

In the main case, which is an unauthorized announcement of the President of the Republic on the day of the accident who will conduct a VJT in Novi Sad, for the pre-investigation procedure was 21 days. This enabled the conditions and time potentially suspected to prepare and « work » on evidence. The results of the construction expertise that the prosecutor believed FTN in Novi Sad was waiting for the results of the construction expertise. Only when it was completed, investigation was launched against 13 defendants exclusively due to the difficult part against general security.

At the end of last year, the investigation was completed by raising an indictment that is not different from the investigation order. However, deciding on its confirmation and development of the relocation of the decision that the necessary investigation, in the criminal department of the higher court in Novi Sad, lasted three and a half months. The complete investigation lasted a month and ten days. A month took the writing of a solution to the amendment of the investigation. A spokesman – the judicial associate has read the announcement that their work is evidence of professional commitment. Perhaps, if, in the meantime, they were subjected to pressures to confirm the indictment or suspend the process according to certain already defendants. In that case, they had to report the competent judicial authorities.

The explanation of the decision of the High Court in Novi Sad that the necessary investigation has not been published on the Court’s website, although it is 1. April promised the Information Court in the announcement. According to the knowledge published by Forbes Serbia, it does not relate to the elements of money from the faces of the experts, for the need to re-establish some facts, re-examination of individual witnesses for individual officials, but also obtaining a basic commercial agreement with Chinese The consortium in which objects are submitted, and what the manager of Slobodanka Catanić is being submitted.

The late decision of the High Court in Novi Sad further complicated the already established criminal confection. Namely, it was previously in the inquiry of the associate council in Novi Sad, deciding on the appeal on the decision on determining detention by defilant Goran Vesić, detention determined by the decision of the Judge for Preparatory Procedure.

The reasoning was that there was no reasonable doubt supported by evidence, which is a precedent in practice, especially in such and similar cases. The same happened to the proposal to determine the detention by defendant on the indictment, although the description of the execution of work and evidence was identical to the defendant Vesić and Dimoski, which was an Assistant Minister.

In addition, the reports of the first-crown J. Tanasković and other evidence from investigations indicating a reasonable suspicion were published, the then minister for construction, traffic and infrastructure in these jobs had not only the usual, according to the order of the President of the Republic. This would certainly be the subject of the discussion at the future public hearing. It may be the main reason why working on this case should slow or even stop, with the creation of appointments, and thus dragged and « juggles » with accusations, detention measures, and respect for elementary legal deadlines.

At the end of January, when the legislation for complaints and decision-making was remembered to « due to great interest in the public, especially after the publicity of published documentation, as well as to a pronounced financial aspect of the business, » starts special The pre-investigation procedure that a criminal offense with corrupt elements was made. Ten days later, based on the decision of Supreme JT, this case was transferred to the Public Prosecutor’s Office for organized crime (JTOK) together with the prosecutor from Novi Sad.

Then, within February, the In February launched the Infectual President of the Republic, a department of corruption of Higher JT in Belgrade has started a disputed investigation, and on the criminal reporting of one of the defendations from the Novi Sad case, which VJT rejected in Novi Sad previously rejected. This phenomenon is also unused in the treatment of a public prosecutor’s office.

The investigation in Belgrade VJT was conducted in a total duration of seven days, although 28. February arrives a binding order of the Supreme JT to submit the case immediately to JTOK. The Chief Public Prosecutor VJT in Belgrade Nenad Stefanović, filed an objection against this substitution to the competent Commission of the High Prosecutor Council (VST). In the day, when this commission rejected its objection, based on an investigation in which only a few witnesses, raised the indictment in Belgrade – the Corruption Department.

However, the most responsible persons in individual courts seem to be treated with this case, regardless of regular competencies, further synchronized with the most responsible prosecution managers. Namely, the Court of Appeals in Belgrade, to whom a couple months ago, appealed to the decision of the Senior Court in Belgrade on confirmation of the indictment, did not decide not inform the public.

All hope of the professional public will be in Belgrade in Belgrade, as well as other applications against him, and after the report of the commissioner’s work of public prosecutors, discussed 7. Maja, fell into water. The newly elected Minister of Justice Nenad Vujić with the support of prominent lawyers – members of VST, managed to take that point from the agenda, although the initiative was submitted by Personal Stefanović. After two days, the announcement of this body followed in which certain external influences on the prosecutor’s work, but the President of the Republic, although they were asked to that, including 22 prosecutors of the First Basic JT in Belgrade.
What we have learned so far, because official information is missing or late, that the Court of Court in Belgrade has been abolished in all the accused in the corrupt acts in this indictment not declared the defendant’s defendant’s appeal.

The least information of the interested public has about the pre-investigation proceedings, which – since the Novi Sad and Belgrade part of the case with elements of suspicion of corruption was also received, except that a striking group of prosecutors and forensics was formed for this case.

We came to a situation to be a higher court in Belgrade – a special department for combating corruption, and that the public does not know the indictment in Belgrade or JTOK, which should purely act primarily before the Special Department of this Court for Organized Crime. It « will pretty much indemnify the entire procedure, which takes place a much bigger problem, in the opinion of the public prosecutor of JT Goran Ilić, and that is that the Prosecution as an independent state body was attacked » inside « and » outward « . From the inside of the political eligible chiefs of the Prosecution, and from the outside of the highest state leaders.

It is well known how to obstruct the criminal case: a waste of time, delays with activities, and then delaying items by spreading it as many sides as possible. The part of that story is the latest controversial decisions on the extension of detention of five-defendants to the remaining defendant officials of Šurlan and for three more engineers by banning the abandonment of the apartment, when the legal period of six months is to last in the investigation.

All this confirms the assessment that the current judiciary, under the pressure of the highest officials of the executive, does not intend to make appropriate importance and to bring it to the public trial phase, but also to be the basic student request for these reasons – not fulfilled.

The author is a judge of the Court of Appeals in Novi Sad retired

The author’s attitudes in the dialogue not necessarily reflect the editorial policy of Danas.