Prosecutors order urgent technical inspection of Dorcol tram, driver held for observation

Belgrade’s First Basic Public Prosecutor’s Office ordered on May 25 an urgent technical inspection of the tram that, the same morning, jumped the tracks at the corner of Cara Dusana and Knicaninova streets in Dorcol, according to the prosecutor’s statement. The acting deputy prosecutor ordered a pre-criminal investigation against an unnamed person, citing a reasonable suspicion of a serious offence against public traffic safety.

On the prosecutor’s order, traffic police and an accident expert appointed from the list of standing court experts at the Belgrade Higher Court conducted an on-site investigation. The vehicle was towed to the GSP Dorcol depot, where it will be the subject of detailed inspection. The on-site breathalyser of the tram driver, carried out by procedure, was negative, according to the Belgrade City Police Administration.

The tram driver, whose identity the prosecutor’s office has withheld in line with personal data protection rules for pre-criminal proceedings, is being held at the Emergency Centre for observation due to minor injuries. The statement will be taken in the presence of defence counsel upon his release from the medical facility, the statement said. Unofficially, the driver is a long-serving GSP employee.

The prosecutor’s office said that upon receiving the expert’s findings and the driver’s statement, a decision will be taken on possible criminal qualification and on whether grounds exist for opening an investigation against a specific person. The qualification will depend on whether the accident was caused by gross negligence, a technical fault, or a combination of factors.

As part of the on-site work, the position of the switch at the corner of Cara Dusana and Knicaninova was surveyed geometrically, along with the track position within roughly fifty metres of the impact point. The survey will form part of the evidence. GSP said it would fully cooperate with the investigation and provide all documentation on the vehicle’s condition and mileage.

What are the possible legal consequences for the responsible party?

If the expert finds predominantly technical causes, responsibility may fall on the legal person, i.e. GSP Belgrade, which could in that case face a misdemeanor fine and damages claims by injured passengers. If the expert determines the dominant cause was human factor, the prosecutor’s office can open an investigation against a specific person under Article 297, paragraph 3 of the Criminal Code, carrying a sentence ranging from one to eight years in prison.

Belgrade’s Higher Public Prosecutor’s Office in such cases has the authority to take over a case if it turns out there is a larger number of injured or that the consequence is grave bodily harm. Currently the First Basic Public Prosecutor’s Office is competent because the act occurred in Stari Grad municipality.

Do parts of the Belgrade tram network look risky to you? Write to the editorial team about conditions you have noticed.