Appeal confirms the Foundation's decision to dismiss the indictment for three criminal acts against Mihajlovic

The Special Prosecutor had filed charges against Mihajlovic on December 27th 2023 for criminal acts “The participation or organisation of the organised criminal group”, “Pegim of the test or official procedure” and “Counterfeiting” and “has”. The court charged him with the first three acts.

According to the indictment, Mihajlovic in co-operation with Nedelky Spasojevic, Marko Rossic, Silvana Arsovic and Rade Basara, acting under Zvonko Veselinovict's leadership and Milan Radojsic, each had committed criminal acts to achieve until the murder of Oliver Ivanovic.

What does Apel's decision prove true to the accusation of three criminal acts against Mihajlovic?

Initially, in reasoning with the Appeals ruling, the Constitutional Court in Pristina, the Special Department had issued a decision, with which it dropped the Special Prosecutor's Act on superior criminal acts against accused Mihajlovovic.

Against that decision, within the legal deadline, the Special Prosecution has filed complaints because of violating the penal procedure provisions and misappropriating the actual situation, with the proposal that the Court of Appeals approve the complaint, cancel the amended act, and the subject return it to the first degree in restoration.

On the other hand, the defender of accused Mihajlovic, lawyer Miodrag Brkljak, has filed complaints, proposing that the Court of Appeals refuse the special prosecutor's complaint, while the Constitutional Court Act in Pristina is proven.

Thus, the Court of Appeals, after examining the subject papers and praising the complaints, found that P's complaint SRK's out of order.

According to Appeals, complaints are groundless and as such do not stand, because the court of the first degree in rationalising the complaint has given clear and concrete reasons, and as results from the paperwork, in this criminal case we have a charge filed by P. SRKS is opposed to the Criminal Procedure Code.

So this court's college estimates that the first court has acted directly and legally by dropping the indictment, and has stopped the criminal procedure, because the indictment was filed after the previous legal deadline.

According to Apel's decision, the court's criminal college reportedly finds it unequivocal to the prosecution's complaint that in this case, there is no violation of legal deadlines in the case of bringing an indictment against defendants Milan Mihajlovic, with the reasoning that based on judicial logic and legal provisions at the moment when the indictment arises for certain persons, and in the same case we have defendants who are not involved in the indictment, or that there should be an act of impeachment for the detention of investigations or suspension of investigations.

Therefore, according to Apel's decision, in the absence of a decision to suspend the investigation to indictee Mihajlovic, it turns out that no criminal investigation procedure in this case has been developed in the framework of the KPP's provisions, in the wake of assuming that the investigation expansion agreement has never been suspended, so the deadline for the investigation developments dates back to 2019.

Therefore, it is pointed out that the prosecution in this case had acted in opposition to the provisions of the Criminal Procedure Code when it resumed investigations against defendants, having never made a decision to suspend the investigation, and as a result the indictment brought by the SPRK, is contrary to the legal deadlines set by Article 157 of the KPP.

What the P indictment contains SRK on Milan Mihalovitch?

According to the indictment provided by “Justice Vow”, Mihajlovic is accused of participating in the organised criminal group, obstructing proven or official procedure, jumping and for counterfeiting documents.

The indictment says that, from 2014 onward, as a member of the organised and structured criminal group along with Nedelyo Spasojevicq, Marko Rosic, Silvana Arsovic and Rade Basara, acting under the leadership of Zvonko Veselinovic and Milan Radojic, with specific roles and co-operation between themselves have acted for a long period of time, where each of the defendants has committed tangible actions for the purposes of the group in question, with the result of this group's actions has come to the late killing of Oliver Ivanov.

The first indictment device against Mihajlovic says that the same on March 2nd, 2019, in Mitrovica, while criminal proceedings were under way for some of the accused, with the aim of promoting witness B1 to refuse to give evidence in preliminary procedure, and that priorly knew he was an anonymous witness in this process, where during the discussion about Ivanovic's murder, he told “don't get caught, don't connect me to this”

And when he told him that “knew very well who was committing these murders, these crimes”, the defendant Mihajlovic had it all over with the words “don't mention these things, because these are behind them.

By this, he was accused of committing criminal acts “The participation or organisation of the organised criminal group”, by Article 283, paragraph1 concerning criminal work “Testing or official procedure”, by Article 394, paragraph 1, subparagraph 1.7 concerning paragraphs 4 and 5 of KPRK.

Meanwhile, the second prosecution's device says that Mihajlovic on October 25th 2021, by telephone had seriously taken the official person, the Kosovo Police Inspectorate investigator (IPK), now injured Zivorad Jovanovic, in the manner that Mihajlovic, despite having had active arrest warrants, was interviewed by Kosovo Police in Mitrovica and released and therefore the IPK had started investigating police officials who had the same.

On the other hand, the file says that once he realizes that IPK has started investigating police officers, defendant Mihajlovic over the phone threatens him with the words “E I've secured your phone number, I know where you live, and I know all your moves, who you are that follows me, you have to see how you're gonna end up with what you're afraid of the IPK investigating officer.

With these actions, Mihajlovic is accused of committing criminal work “Cantition”, from Article 181, paragraph 3 concerning KPRK paragraph 1.

On the other hand, according to the third device of this indictment, Mihajlovic is accused of being the person Milan Mihajlovic on October 19, 2022, in Mitrovica, while police units were conducting his arrest under the court warrant, the same one is represented as not the person Milan Mihajlovic, but is another person named Zvezdan Andrejic.

During the same search, however, the ID of the Republic of Serbia has been found, forged in the name of Zvezdan Andrejic, but with pictures of him, which he had used in order not to arrest him.

And with that, he was accused of committing criminal work “Forgeration of documents” from Article 390, paragraph 2 concerning KPRK paragraph 1.

Otherwise, at the Constitutional Court in Pristina on 28 June 2024, they were sentenced to over 22 years in prison, Nedelyo Spasojevicq, Marko Rossic, Dragisa Markovic and Zarko Jovanovic for the murder of Oliver Ivanovic, meanwhile, has been acquitted of Silvana Arsovic. And for Rade Basara, the sentence was issued after P. The SRK had resigned from prosecution.