At the next session of that body, the Prosecutor's Council will present its conclusions after sublimating all the data, enumerating the types of criminal offenses and reaching a position, after dealing with the reports submitted yesterday on cases that died "alive" for years in the archives of the Basic State Prosecutor's Office in Podgorica.
The subject of the "KTN" case (unknown perpetrators) was raised in October last year, after TS received information in a letter from the current head of the Podgorica ODT. Duško Milanović, that they have certain difficulties in their work due to the fact that he had to charge the prosecutors additionally, because he found cases in the archive that had not been assigned to work for years.
Member of TS Siniša Gazivoda then he proposed to search the archives of all prosecution offices and to provide them with data on the number of such cases from all prosecution offices...
"My observations are that this topic was brought up by accident and has rightly aroused public interest. From the report, and as it lasted for a certain period of time, we had the opportunity to talk with the managers about this issue, and based on that, we can see an obvious problem in a certain period, which was related to ODT Podgorica", emphasized Gazivoda.
He stated that the reports show that the manner in which the proceedings were concluded was different, i.e. that the same provisions of the Criminal Procedure Law were applied in different ways from prosecutor's office to prosecutor's office - so in some cases a decision is made to dismiss the criminal complaint, and in some writes a certain note.
"Here we cannot talk about anything that would be a possible disciplinary responsibility outside of the disciplinary procedure. It is generally known who has the possibility of submitting a proposal for initiating disciplinary proceedings, but a public discussion has opened about this in the media, among lawyers, in the civil sector, so we should come to certain conclusions, to complete this topic," suggested Gazivoda.
He claims that the TS would not go beyond its jurisdiction if it found that the assignment of cases after the termination of the office of state prosecutors in an earlier period was not done promptly and as required by the Law on the State Prosecutor's Office.
"We see an indisputable fact, for example, that in one case someone was in charge who has not been a prosecutor in the ODT Podgorica for six years, and it was on paper until 2023. We also see that Article 141 of the Law on the State Prosecutor's Office was not applied, so we should state that the provisions of the CPC are not applied equally in practice in the event of the statute of limitations, and that question should be referred to the VDT", he added. one of Gazivoda's proposals.
Supreme State Prosecutor Milorad Marković, announced that they formed a Commission in the VDT that should deal with monitoring judicial and prosecutorial practice due to its unique application.
"It is completely justified to send an observation to the VDT, so that they can decide on it and take a position," emphasized Marković.
And member of TS Stevo Muk he stated that it should be explained to the public which criminal acts are involved, because they are not all equally important, alluding to the fact that information appeared in the media that among the "forgotten" cases there were also those for torture.
The Prosecutor's Council also held talks with the managers of ODT Nikšić and Herceg Novi, who, like their colleagues in earlier addresses, talked about the lack of prosecutors, a large number of cases, poor spatial conditions, security...
Mašnići: It just lacks a little will...
Before the start of the session, at the entrance to the hall were members of the Mašnić family from Nikšić, who for years have been seeking the dismissal of the prosecutor Sofija Lukovac due to "failure in work" after the car accident in July 2018 in which Vuk and Đorđije Mašnić were killed in Papratni brijeg .
"The Mašnić family insists on the principle that only the Constitution and the law are above it, and we ask that the decision of the Prosecutorial Council, which adopted the complaint against Sofija Lukovac in July 2022, be respected. The TS decisively states that there were omissions in her work because the prosecutor, during the investigation of the traffic accident, did not credibly state the established factual situation as well as the material evidence in the minutes, Neđeljko Mašnić told Vijest.
He emphasized that at that time the Court of Justice found that the actions of the named prosecutor could possibly acquire the elements of a criminal offense for which she is being prosecuted ex officio, so they submitted the files to the Special State Prosecutor's Office for further jurisdiction and decision-making.
"We ask that the proceedings not be diluted, but that the witnesses be heard. The Supreme State Prosecutor needs to be actively involved in this case if the proceedings against this prosecutor have not been finalized starting from November 2022 until today. "Also, an appeal to the VDT to issue a binding instruction as an example for other prosecutors that an investigation should not be carried out," he stated.
Mašnić believes that the procedure "has almost been brought to an end, there just needs to be a final will to punish the prosecutor"...
"There will be no progress in Chapters 23 and 24 until, on this example, the judiciary is freed from the mutual protection of prosecutors, who do not work according to the Constitution and the law," said Mašnić.
Bonus video:
