The court announced why it overturned the verdict against the police officer for the murder of student Mihaela Berak

The High Criminal Court assessed that the first-instance court failed to properly evaluate each piece of evidence individually, as well as in relation to other evidence and the defendant’s defense. Namely, there was no adequate analysis of the mutual position of the accused and the victim, as well as the position of the gun when the shot was fired. Riječ is about a significant fact, especially in the part of determining the subjective characteristics of the charged criminal offense and verification of the defense in terms of the chronology of events. Then, it was omitted to analyze the psychophysical condition of the accused immediately after the event itself, although the first-instance court obviously considers the condition of the accused to be a significant fact.

Regarding the defendant’s previous behavior towards the victim (with whom he was in an emotional relationship), it was omitted to analyze the findings and opinion of the expert psychiatrist regarding the structure of the defendant’s personality and the nature of the relationship between the defendant and the victim. It was also neglected to analyze the content of the victim’s communication with other persons immediately before the event in order to determine the circumstances under which the incriminated event occurred.

In the repeated proceedings, the first-instance court will pay more attention to all of the above, will thoroughly evaluate all previously presented evidence, and if necessary, new evidence, and bring it into connection with the defendant’s defense in order to properly assess whether the defendant’s behavior has acquired all the essential features of the criminal offense of murder. Then the first-instance court will make a new decision based on the law, which will be properly justified.