The former president of the Supreme Court of Montenegro, Vesna Medenica, was sentenced today to six months in prison, because she committed the criminal offense of abuse of office in relation to the former judge of the Basic Court, Rožaje Milosav Zekić.
Judge Sonja Keković pronounced the first-instance verdict in the High Court in Podgorica.
The Special State Prosecutor's Office filed an indictment against Medenica, charging that she illegally and without the knowledge of members of the Judicial Council made a decision and archived the case of the judge of the Basic Court in Rožaje.
In the explanation of the first-instance verdict, judge Keković said, among other things, that Medenica in this particular case intentionally helped Zekić to gain benefits because she was obliged to inform the Judicial Council about the complaint of citizens who pointed out that the judge was illegally receiving salaries.
Begović announced an appeal
"During the main trial, the defense presented reasons that abstracted the existence of this criminal act. However, since this is not the place and opportunity to deal with the court's decision, of course we will file an appeal against such a decision to the Court of Appeal of Montenegro, which will finally give the true verdict on whether she really committed the criminal offense for which she was found guilty today. and convicted", said lawyer Zdravko Begović, defending Medenica.
When asked by a journalist whether he expected such a court decision, Begović said:
"By the nature of things, the defense has that positive attitude. Considering the state of the case file, to be honest, I didn't expect it. However, that has nothing to do with it. My expectations can sometimes be unrealistic. We will write an appeal, and the final decision, which will have its own legal weight, will be given by the Court of Appeal," said Begović.
He added that the deadline for an appeal is eight days from the day he receives a written copy of the verdict.
"Vesna did not destroy the justice system"
In her closing statement on October 23, Medenica stated that legal hypocrisy was an afterthought of the Special State Prosecutor's Office and that she is proud of her work and what she left behind.
She said that now you can see what the situation is and that during her mandate, no one was released from custody without a verdict being passed within three years.
"Vesna did not destroy the justice system. They were demolished by those who wanted to see me on the dock," she emphasized.
She then added that she absolutely does not feel guilty.
"The indictment accuses me of deciding not to remove Judge Zekić instead of judicial advice. This is where I am pointing to the wrong application of substantive law," Medenica stated on that occasion.
She pointed out that what the SDT stated is correct, that the decision is made by the Judicial Council and added that this confirms that she did not have the authority to decide on the removal of the judge, and what the SDT accuses her of.
"It is true that I did not forward the anonymous complaint to the Judicial Council, but it is also true that the Judicial Council received it on the same day that I did, and it was indicated in it," said Medenica at the time.
The indictment alleges, among other things, that on February 18, 2019, Medenica, in her capacity as an official of a public official, president of the Supreme Court of Montenegro and a member of the Judicial Council, was aware of her act and its prohibition, the execution of which she wanted, by exceeding the limits of her official powers, benefited Milosav Zekić, the judge of the Basic Court in Rožaje. In the way that she exceeded her powers as the president of the Supreme Court of Montenegro, in the case of Judicial Administration IV-I-Su. no. 7/19, formed on the basis of a submission by a group of citizens, dated January 23, 01, after receiving the requested information from Dr. Branko Vučković, president of the Basic Court in Kotor, in act Posl. no. IV-2019-Su 1/11 dated February 19, 12, in which it was stated that criminal proceedings are being conducted before that court, among others, against the defendant Milosav Zekić, in the case of business designation K. no. 02/2019/159, due to the criminal offenses of endangering safety from Article 18 paragraph 18 of the Criminal Code of Montenegro and minor bodily harm from Article 168 paragraph 1 in relation to paragraph 152 of the Criminal Code of Montenegro according to the indictment proposal of the Basic State Prosecutor's Office in Kotor, Kt. no. . 2/1, dated June 387, 17. year. Along with which document, she was also provided with a copy of the indictment proposal of the Basic State Prosecutor's Office in Kotor, Kt. no. 04.06.2018/387, dated June 17, 04.06.2018. year.
As stated in the indictment, Medenica stated with an official note on the inner cover of file IV-I Su no. 7/19 that "until the end of the proceedings, I do not find it necessary to undertake any action, a family dispute", and she archived the case. At the same time, she did not inform the President of the Judicial Council and the other members of the Judicial Council that she had made a decision that it was not expedient and justified to take any action in relation to Judge Milosav Zekić, even though she was aware that criminal proceedings had been initiated against him for the criminal acts that constitute him. Unworthy to perform the function of a judge. Knowing that making a decision on whether the legal conditions for the temporary removal of a judge from office are met are not within her competence as the President of the Supreme Court of Montenegro, but, in accordance with the provisions of Article 121, paragraph 3 of the Law on the Judicial Council and Judges within the jurisdiction of the Judicial Council, in which Vesna Medenica, as a member, had the sole authority to express her opinion on the issue, and not to make a decision on behalf of the entire collective body of the Judicial Council. As a result, Judge Milosav Zekić was granted a benefit in the form of non-removal from the exercise of judicial functions and realization of the right to full salary in the period from February 18, 2019, to July 20, 2020, when, at his request, his resignation was noted. In that period, he only had the right to a reduced part of his salary because the legal conditions for temporary removal from duty were met, and at the same time, he was also given the benefit of the privilege of performing the function of a judge and protection of his reputation, even though he could not perform that function in the said period. perform.
What does the verdict say?
The High Court published a statement on its website regarding today's verdict, the content of which we are transmitting in its entirety.
"On November 04.11.2024, 12,00, at 416:1 p.m., the Higher Court in Podgorica issued and publicly announced the verdict, by which the defendant VM was found guilty of the crime of abuse of official position from Article 6, paragraph XNUMX of the Criminal Code of Montenegro. and sentenced to imprisonment for XNUMX (six) months.
"By evaluating the evidence presented during the procedure, the court undoubtedly established, first of all, that on January 23.01.2019, 159, the defendant MV, as the then president of the Supreme Court of Montenegro, was delivered a submission by a group of citizens, informing her that she was before the Basic Court in Kotor ongoing criminal proceedings in case K.no.18/108, against the judge of the Basic Court in Rožaje, ZM with a request that, in accordance with Article 121 of the Law on Judicial Council and Judges, against that judge, conduct disciplinary proceedings, and that, on on the basis of Art. 1 of the same law, it was appropriate until the end of that criminal proceeding, to remove him from the exercise of the judicial function, which he performs unhindered, and at the trials in the ongoing criminal proceeding against him, he presents himself as a criminal judge, which is extremely unacceptable, on the occasion of from which submission, the case with the business code IV-7-Su 19/XNUMX was formed in the Supreme Court of Montenegro, from which the stated facts were established without doubt, and which was not contested by the defendant in the defense in the previous proceedings and at the main trial.
"Furthermore, the court found that it undoubtedly follows from the evidence presented that, acting on the aforementioned submission of a group of citizens, the defendant VM, in a letter dated February 05.02.2019, 1, requested from the president of the Basic Court in Kotor, information about the case formed against judge ZM, as well as providing of the indictment of the competent prosecutor's office, according to which it was sent notice IV-11-Su.19/12.02.2019 of February 168, 1, that criminal proceedings against the defendant ZM for the criminal offense of endangering security under Art. 152 paragraph 2 of the Criminal Code of Montenegro and the criminal offense of minor bodily injury from Article 1 paragraph 383 of the Criminal Code of Montenegro, according to the indictment proposal of the Basic State Prosecutor's Office in Kotor Kt. no. 17/04.06.2018 of June 1, 7, which is submitted as an attachment to the notification, as it appears from the case file of the Supreme Court of Montenegro IV-19-Su XNUMX/XNUMX, and which was also not contested by the defendant in the defense and was confirmed by statements made in the previous proceedings and at the main trial, witness BV Finally, the court found that the fact that after receiving the aforementioned acts, the defendant, on the inner cover of the aforementioned files, stated in an official note that "until the end of the procedure, I do not find it expedient and justified to undertake any actions, a family feud" and, writing "a/a", archived the case , also determined by inspection of the same files, and according to the defense's statements, the defendant VM was not disputed either
"With the unquestionable factual determination described above, from which it follows that with the subject submission, a group of citizens informed the defendant VM (the then President of the Supreme Court of Montenegro and a member of the Judicial Council of Montenegro), about the criminal proceedings that were ongoing before the Basic Court in Kotor, against judges ZM with a request that in accordance with the Law on the Judicial Council and Judges, disciplinary proceedings be conducted against that judge and that, on the basis of Article 121 of the same law, until the completion of the criminal proceedings, he be removed from the exercise of his judicial function (which he also performs without hindrance in criminal trials proceeding against him in progress, he presents himself as a criminal judge, which is extremely unacceptable), bearing in mind the provision of Article 121 paragraph 1 point 2 of the Law on the Judicial Council and Judges, which stipulates that the judge will be temporarily removed from duties, if criminal proceedings are initiated against him for an act that makes him unworthy to perform judicial functions, as well as paragraph 3 of the same article and law, which prescribes that the decision on temporary removal from duty is made by the Judicial Council, it is clearly concluded that the procedure according to the submission submitted by a group of citizens, it was within the competence of the Judicial Council of Montenegro, and not the defendant VM, who, in the previously described manner, acted outside of his powers, which he had as the President of the Supreme Court of Montenegro, in the sense of the provisions of Article 30 paragraphs 1 and 2 of the Law on Courts.
"Namely, in that direction, the court deemed inadmissible the allegations of the defendant that the said official note on the inner cover of the file was intended for her personal and internal use, and that it had effect only for her and her cabinet. However, the content of the group's submission of citizens, which requested the removal of Judge ZM from exercising his judicial function until the completion of the criminal proceedings against him, with a reference to Article 121 of the Law on the Judicial Council and Judges, according to which the judge will be temporarily removed from duty, if he opposes initiates criminal proceedings against him for an act that renders him unworthy to perform the function of a judge, the decision on which is made by the Judicial Council, refers to the only conclusion that in the specific case the procedure for examining the fulfillment of the legal conditions for the temporary removal of a judge from duty had to be carried out, which was within the competence of the Judicial Council, and not within the competence of the defendant, to process and archive the case for his personal and internal needs, thus preventing the competent authority from acting according to the law, and allowing the judge ZM to, in the period from 18.02.2019. until 20.07.2020. year, earns full income, working as a judge of the Basic Court in Rožaje.
"With the defendant's actions in the previously described manner, neither the president, nor the other members of the Judicial Council, had any knowledge of the criminal proceedings that were ongoing before the Basic Court in Kotor, so they could not decide on the temporary removal of the judge ZM, which they, as witnesses, , in a mutually agreed upon manner, stated convincingly in the previous proceedings and at the main trial, which is in agreement with the contents of all the sessions of the Judicial Council, which were held in the period from 18.02.2019 to 20.07.2020. where there was no discussion of criminal proceedings before the Basic Court in Kotor, except at the session held on July 20.07.2020, 121, when it was noted that the judge ZM was terminated in accordance with Article 14 of the Constitution of Montenegro, which stipulates that a judge is terminated if he requested this himself, therefore, only after he himself requested that his function be terminated and after the appeal of the non-governmental organization Action for Human Rights, which informed the council that judge ZM had been sentenced with final force of law, so even though she was accused, as a member of the council, at all those sessions , had the possibility to propose that the discussion on this issue be included in the agenda item, in accordance with Article 2 paragraph XNUMX of the Rules of Procedure of the Judicial Council.
"In the previously described factual determination, bearing in mind that exceeding the limits of official authority (as one of the alternatively defined actions, which is a feature of the criminal offense of abuse of official position from Article 416 paragraph 1 of the Criminal Code of Montenegro), exists when an official undertakes actions beyond the limits of his official authority and outside his actual competence, and which official actions are within the competence of another official or other body, which benefits himself or others, causes harm to others or seriously infringes the rights of others, the conclusion is drawn clearly and without doubt that was accused of taking actions beyond the limits of its official authority and beyond the limits of its jurisdiction, obtained the benefit of the ZM in the form of non-removal from the exercise of the judicial function and the realization of the right to full earnings in the period from 18.02.2019 to 20.07.2020 only had the right to a reduced part of his salary, because the legal conditions for his temporary removal from duty were met.
"The statements of the defendant's defense from the previous proceedings were also considered unacceptable, with which she claimed that she informed the Judicial Council about the citizen group's submission in question, after receiving a statement from the President of the Basic Court in Kotor, which was weakened by the statements of all the witnesses heard during the disputed period were the president and members of the Judicial Council, as well as the assessment of other evidence presented, and her defense at the main trial, when she stated that she did not inform anyone about the submission submitted to the Supreme Court of Montenegro.
"Assessing the mental attitude of the defendant towards the committed criminal act, the court found that she acted with direct intent, because she was aware of her act, the execution of which she wanted, i.e., she was aware that by exceeding the limits of her official authority and obtaining the use of ZM as it is previously explained, commits a criminal offense, and that is what she wanted, in which way all the features of the criminal offense of abuse of official position from Article 416 paragraph 1 of the Criminal Code of Montenegro were realized in the defendant's actions.
"Deciding on the sentence, the court, in accordance with Article 42 of the Criminal Code of Montenegro, considered all the circumstances that depend on whether the sentence is lower or higher, so it considered the mitigating circumstances on the part of the defendant, family circumstances - the mother of two children and previous lack of conviction, while there were no aggravating circumstances, and sentenced him to a prison sentence of 6 (six) months, finding that the prison sentence imposed in this way is proportional to the gravity of the committed criminal act and the personality of the accused as the perpetrator, and that it represents the criminal sanction that is necessary for achieving the purpose of punishment from Article 32 of the Criminal Code of Montenegro, i.e. that the defendant will not commit criminal offenses in the future, within the general purpose of prescribing criminal sanctions from Article 4 paragraph 2 of the Criminal Code of Montenegro.
"As the defendant was declared guilty, the court, in accordance with Articles 226 and 229 of the Code of Criminal Procedure, obliged her to pay the costs of the criminal procedure in the amount of 137,50 euros, as well as to pay the amount of 50,00 euros in the name of the court lump sum , which is measured in proportion to the duration and complexity of this procedure and the financial condition of the defendant, and all of them within 15 days from the date of finality of the verdict.
"More detailed reasons for the verdict will be written in a written despatch, against which the verdict can be appealed to the Appellate Court of Montenegro, within 15 days from the day of receipt, and through this court."
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