The Prosecutor's Council (TS) assessed the complaint of the Budva Secretariat for Property Protection against the work of the Special State Prosecutor's Office and the Special Prosecutor as unfounded. Saša Čađenović - that the plea agreements concluded with members of the Budva criminal group Svetozar Marović damaged Municipality.
In a letter submitted to the Secretariat on February 8, which "Vijesti" had access to, and signed by Maja Jovanovic, it says that the plea agreements were concluded in accordance with the Criminal Procedure Code (CPC).
"The Prosecutor's Council considered the complaint you filed against the work of the Special State Prosecutor's Office and the work of the Special Prosecutor Saša Čađenović. By examining the case files, and taking into account the submitted statements, and the chronologically presented list of plea agreements, the Prosecutor's Council determined that the acting prosecutors in the aforementioned cases concluded plea agreements with the defendants in accordance with the provisions of the CPC, that they were informed about the conclusion of the agreement authorized representatives of the injured Municipality of Budva, that they were present during the confirmation of the agreements in question before the High Court in Podgorica and that they agreed with the conclusion of the plea agreement, which agreements were confirmed by the competent court and on the basis of which the judgments that are legally binding were passed. Also, by looking at the case files, it is determined that the injured party did not use their right from Article 302 paragraph 10 of the CPC, which stipulates that the injured party can file an appeal against the decision accepting the plea agreement, and the state prosecutor and the defendant against the decision rejecting the agreement. ", the letter says.
The plea agreements concluded by the recently arrested special prosecutor Čađenović and his colleague Lidija Vukcevic with the members of Marović's criminal group, the rights of the Municipality of Budva to fair compensation for damages were violated, and the defendants "got off cheap", according to the position of the Secretariat for Property Protection. Back in April of last year, the Secretariat submitted a complaint to the TS on the work of special prosecutors, and the complaint was supplemented in June, as stated, with additional evidence.
At the time, the Secretariat assessed that the damages awarded, and especially the property that was given as a guarantee, were definitely insufficient to compensate for the loss of the city's spatial and property resources.
"Namely, all disputed legal transactions, the execution of which represented a criminal offense and for which plea agreements were concluded, are still in force, and the Municipality of Budva has been compensated through three concluded - Agreement No. KT - S dated May 18, 05 ( prosecutor Saša Čađenović), KT - S Agreement dated January 2016, 4 (prosecutor Lidija Vukčević) and KT - S Agreement dated June 2016, 9 (prosecutor Saša Čađenović). In the specifically stated Plea Agreements, the Municipality of Budva received immovable properties, which were known to have a lower value than the market value, in the name of a property-legal claim," the complaint stated.
It is primarily about the plea agreement concluded with the SDT by the head of the Budva criminal group, Svetozar Marović, but the agreement in the "Copyright" affair has also been requested to be reviewed.
The complaint to TS was sent in April of last year, after the sale of Marović's entire property, offered as a guarantee, only a quarter of the 1,09 million euros, which the fugitive from Budva was obliged to pay in the name of property damage, went into the municipal coffers. his crime group inflicted on the city.
Marović concluded the plea agreement at the time when he was in charge of the SDT Milivoje Katnic, and he undertook, later and by a court verdict, to compensate 1.096.481 euros in the name of property benefits acquired by his organized criminal group.
All plea agreements were concluded at a time when the DPS still ruled Budva.
Zenović: The prosecution should investigate why the DPS authorities did not complain
Commenting on the Prosecutor's Council's response, the secretary for asset protection of the Municipality of Budva, Đorđe Zenović, said that if the prosecution had indeed duly delivered the records and decisions to the Municipality of Budva, and the then management did not file an appeal against the agreements that "undoubtedly do not protect its interests and property", the prosecution calls on the "examine whether there are elements of the criminal offense of abuse of official position and negligent work in the service in those actions of the then management".
"In the part that concerns Article 302 paragraph 10 of the CPC, which refers to the missed opportunity of the injured party, i.e. the Municipality of Budva, to appeal the decision on the concluded agreement, based on the documentation available to the Secretariat for Property Protection, we have no information that the minutes or a decision on the adoption of a plea agreement ever submitted to our authority for a statement. What is indisputable is that the Municipality emphasized the property-legal claim in all procedures, as well as the fact that it was invited to conclude agreements before the High Court, but based on the available data, it was not given the opportunity to participate in all stages of the procedure as a victim, which is was also the reason to file a complaint", Zenović told "Vijesta".
He assessed that there is a possibility that the prosecution contacted and had correspondence with the Office of the President of the Municipality, but that the Secretariat was not aware of this:
I would like to emphasize that in some earlier proceedings, the prosecutor's office seized from the Municipality the executive orders and documentation for the needs of certain investigations, so it is possible that we do not have complete data for that reason as well."
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