Four cases were submitted to the Higher State Prosecutor's Office in Bijelo Polje in about a month for further jurisdiction, after they received part of the work that was previously performed by the Special State Prosecutor's Office (SDT).
In their answers to the News of July 17, they state that they will turn to the Prosecutor's Council for help if it is necessary for the timely and efficient performance of tasks under their jurisdiction.
By amending the Law on the Special Prosecutor's Office, the institution he manages Vladimir Novović it is no longer prosecuting all public officials for corruption, but only "high-ranking" ones, and since mid-June, criminal offenses related to violations of electoral rights have not been under their jurisdiction.
Accordingly, other prosecution offices will be burdened with additional work.
The High Prosecutor's Office in Bjelopolje reminds that the Law on Amendments and Supplements on the Special Prosecutor's Office entered into force on July 19 of this year.
"From the date of entry into force, i.e. from 19 June 6, the Special State Prosecutor's Office submitted four cases to this prosecutor's office for further action due to changes in the aforementioned law, against seven persons; Four persons were charged with the criminal offense of abuse of position in business operations from Art. 2024 st. 272 in connection with paragraph 3 of the Criminal Code of Montenegro, while three persons were charged with the criminal offense of abuse of official position from Art. 416 st. 3 in connection with para. 1 and Art. 49 of the Criminal Code of Cme Gora", they explained in the answers signed by the prosecutor and spokeswoman of the VDT Ljubica Caković.
She explained that on June 27, 2024, the Prosecutor's Council of Cme Gore published an advertisement for the election of two state prosecutors in the Higher State Prosecutor's Office in Bijelo Polje, but that no decision has been made yet.
"According to which advertisement, a decision has not yet been made, i.e. the selection of state prosecutors who would start working in this prosecutor's office has not been made... By the Decision on the number of state prosecutors (Official Gazette of Montenegro, no. 21/2013, 13/2018, 7/2023 and 104/2023) of the Prosecutor's Council of Montenegro, which decision was adopted on the basis of the Rulebook on the framework standards of work for determining the required number of state prosecutors and civil servants and employees in the state prosecutor's office, which are required for the up-to-date and high-quality performance of prosecutorial functions, for More state prosecutor's office in Bijelo Polje, it was determined that the prosecutor's function is performed by the head and six state prosecutors. Currently, the position of state prosecutors in the Higher State Prosecutor's Office in Bijelo Polje is performed by the manager and three state prosecutors, so the election of two more state prosecutors according to the current public announcement will contribute to relieving the work of acting state prosecutors".
"Also, taking into account the changes in the jurisdiction of the State Prosecutor's Office, the number of acting State Prosecutors, the number and type of cases, the Higher State Prosecutor's Office, in coordination with the Supreme State Prosecutor's Office and the Prosecutor's Council of Cme Gora, will, if necessary, find a solution on the possible increase in the number of State Prosecutors, and all with the aim of timely and efficient performance of tasks within their competence", it is stated in the answers submitted to the newspaper.
The Higher State Prosecutor's Office in Podgorica received many more cases than their colleagues in Bijelo Polje - from June 20 to July 10, a total of 51 cases against 105 persons were submitted to their jurisdiction.
The head of the court, Lepa Medenica, recently told Vijesti that they receive cases that were previously under the jurisdiction of the SDT, but also those in the regular procedure based on reports from the parties.
"All cases have been assigned to state prosecutors and they contain extensive documentation that requires time for analysis, in order to make a decision on taking the necessary actions in the case," stated Medenica.
At that time, she emphasized that such a situation significantly burdens the work of state prosecutors of the Higher Prosecutor's Office in Podgorica.
On June 27, 2024, the Prosecutorial Council announced an advertisement for the election of two state prosecutors in the Higher State Prosecutor's Office in Bijelo Polje, but no decision has been made yet. By the decision on the number of state prosecutors, it was determined that the head and six state prosecutors perform the prosecutorial function for the Higher State Prosecutor's Office in Bijelo Polje. Currently, the function of state prosecutors in the Higher State Prosecutor's Office in Bijelo Polje is performed by the manager and three state prosecutors
The legal amendment significantly narrowed the jurisdiction of the SDT, so the "high-ranking" officials prosecuted by the prosecutor's office from now on are: the President of the State and the Secretary General, the President of the Assembly, MPs and the Secretary General, the Prime Minister and members of the Government, but also the Secretary General of the Government, the State secretary and general director in the ministry; head of the administrative body and assistant to the head of the administrative body responsible for: execution of criminal sanctions, protection of secret data, tax affairs, customs affairs, games of chance, capital projects, real estate, state property, environmental protection and inspection affairs.
SDT has recently been responsible for prosecuting the director of the Civil Aviation Agency, the director of the Agency for the Prevention of Corruption, the director of the Agency for the Protection of Competition; director and assistant directors of the Police Administration; director of ANB; court president and judge; prosecution managers, prosecutors and special prosecutors; the Mayor of the Capital City, the Mayor of the Capital City, the President of the Municipality, the President of the Capital City Assembly, the President of the Capital City Assembly and the President of the Municipal Assembly; president and judge of the Constitutional Court.
Since the date of entry into force, the Special State Prosecutor's Office has submitted four cases to this prosecutor's office for further proceedings against seven persons: Four persons were charged with the criminal offense of abuse of position in business operations, while three persons were charged with the criminal offense of abuse official position
After narrowing the scope of competence, the SDT will prosecute the president and the member of the Senate of the State Audit Institution; president and member of the State Commission for Control of Public Procurement Procedures; president, secretary and member of the State Election Commission; president and member of the Appeals Commission; governor and members of the Council of the Central Bank of Montenegro; the protector of human rights and freedoms and his deputies; protector of the property and legal interests of Montenegro and his deputies, but also appointed in the management bodies of the company, which is majority state-owned...
The new Law on the Special State Prosecutor's Office foresees that the SDT will complete all cases for which an indictment has been filed before the new regulation begins to apply.
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