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05-Jan-2024
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Jovanić and Knežević were released from custody

SOURCE: POBJEDA / M.J.
The former president of the Commercial Court Blažo Jovanić and the suspended assistant director of the Police Administration Dejan Knežević left the Investigation Prison in Spuž today after the Court of Appeal accepted the guarantees offered by their families and friends for their freedom.
Jovanić was released after twenty, and Knežević after ten months spent in custody.
Although the decision to accept bail was made on the last day of last year, more precisely on Friday, December 29, the stay in custody of Jovanić and Knežević was extended for another seven days and it was not through their fault.
Due to the reorganization of the Administration of Revenue and Customs, it was not possible to register a mortgage in favor of the State of Montenegro on real estate that guaranteed the freedom of these defendants.
Counselors in the newly formed Property Administration could not receive and certify the documentation sent from the High Court on Friday, December 29, but even after the New Year's holidays, because they did not have the authority and seals.
Namely, on the last working day of last year, Prime Minister Milojko Spajić, on the basis of the Government's conclusion, issued a decree on amendments to the decree on the organization and working methods of the state administration, i.e. a decree by which the previous Revenue and Customs Administration was disbanded into the Tax Administration, the Customs Administration, the Administration for real estate and the State Property Administration.
Article 7 of the decree signed by Prime Minister Spajić states that the Tax Administration, Customs Administration, Real Estate Administration and State Property Administration will start working within 30 days from the date of entry into force of this decree.
The Government document states that within a month, acting officials of these administrations and acts on internal organization and systematization must be appointed.
After writing Pobjeda about this problem and the letter that lawyers Predrag Đolević and Božo Milonjić sent to the representatives of the Government of Montenegro, the seals were made within one day, so instead of 30 days, Jovanić and Knežević remained in custody for seven days longer.
Jovanić was in custody for almost 20 months, since May 9, 2022, when he was arrested for creating a criminal organization and abuse of position in bankruptcy proceedings.
At that time, eight bankruptcy trustees, lawyers, appraisers and owners of security companies were arrested with him.
However, all of them left the detention center in Spuška, but not Jovanić. His detention was extended due to the amount of criminal offenses charged against him, his frequent trips outside Montenegro, the amount of the threatened sentence, which, as the judges appreciated, indicated a danger that he would escape.
The judges of the Higher and Appellate Courts repeatedly did not respect Jovanić's position that, in addition to the property he proposes as a guarantee, the arguments that should be taken into account when deciding are his personality, that he is the father of three children he supports, that he is employed, that he was the president of the Commercial Court , but also the presumption of innocence.
The higher court rejected three bail offers for Jovanić in 18 months.
After reviewing the appeals against the decision rejecting the last offer of 768,000 euros worth of real estate, the Court of Appeal annulled the decision of the High Court and ordered a retrial.
Finally, the High Court made a positive decision on November 16 last year, and the Court of Appeal confirmed it on the last working day of last year.
Judge of the High Court Zoran Radović, justifying the acceptance of bail, stated that Jovanić spent more than 18 months in custody and reminded that the European Court found that the risk of escape decreases with the passage of time and loses its significance, that is, that with the passage of time, the reasons for keeping someone in detention is weakened, because detention is included in the sentence.
In addition, Judge Radović pointed out that the offered properties are located in attractive locations and that their collectability is not in question, and that the offered surety is a sufficient guarantee that the accused will not hide or run away.
Knežević was luckier than Jovanić because after ten months spent in custody, the Court of Appeal overturned the decision of the High Court and accepted a bail of 760,000 euros in real estate offered by his friends as a guarantee that he would not escape during the court proceedings.
However, Knežević, like Jovanić, will not be released until the state services are organized - the Property Administration, which has the obligation to transfer the property offered by Knežević's friends to the state.
Knežević was arrested on March 22 on suspicion of abusing his official position and divulging secret information to members of the Kavac clan.
Dejan Knežević is one of the defendants in the case against the President of Budva municipality, Milo Božović, who was arrested on April 13 in his family home in Budva on the order of the Special Prosecutor's Office, and on suspicion of being part of a blackjack criminal organization.

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