Based on the financial report of the Prosecutor's Council, only one forensic medical expert, whose name has not been disclosed, received as much as 75.219,05 euros in the period from January to June of this year in the name of expert fees, including the costs of legal and enforcement services.
This was announced by the executive director of CEGAS, Marija Popović Kalezić, at today's round table "Forensic Expertise in Montenegro", organized by CEGAS, where, among other things, their Study on Forensic Expertise in Montenegro was disclosed.
Popović Kalezić warned of a number of serious deficiencies in the work and control of court experts in Montenegro and emphasized that the alarming data on the amount of compensation paid by the TS to a court expert "is an indicator of deeper problems that require careful consideration and urgent changes".
At the round table, it was announced that changes to the Law on forensic experts and the establishment of a single professional body would improve their work, ensure greater transparency and enable more effective control, which would achieve a higher level of expertise and trust in the work of that profession.
"Among the biggest problems is the lack of appropriate control over the work of experts, the absence of dismissal procedures in situations where the law requires it, as well as untimely payments for services rendered. "Problems are further aggravated by frequent court proceedings for the collection of attorney and executor services, not enough experts in certain areas, and the uneven distribution of work among experts," said Popović Kalezić.
She emphasized the need for greater control and transparency in the work of experts, stressing that the protection of state resources and the monitoring of working hours invested in expert opinions should be priorities, especially when the work is performed within state institutions.
"The absence of an obligation to respond to a summons before one of the commissions for the code of ethics, even in cases of violations of the rules of the code of ethics, further complicates the situation. This is a serious omission, which is why CEGAS is continuously dealing with the issue of the system of court experts, in order to contribute to solving problems in this area through a constructive approach," Popović Kalezić pointed out.
The executive director of CEGAS mentioned the research of that NGO, explaining that the analysis of CEGAS showed that the number of registered experts is large, but that only a small number of them actively perform expert examinations.
"Unevenness in training and support makes work even more difficult, because training is mostly organized by expert associations, which have a small number of experts as members. Our goal is to contribute to the transparency, responsibility and improvement of the quality of their services through the systematic regulation of the work of court experts and the introduction of control," concluded Popović Kalezić.
Director General of the Directorate for Justice in the Ministry of Justice, Momir Jauković, emphasized the need for a comprehensive reform of the system of court experts, within the wider Strategy of Judicial Reform for the period 2024-2027. year.
"The Ministry of Justice fully recognizes the importance of improving the work of court experts, which is recognized as a special operational goal in the Strategy, with an emphasis on strengthening the independence, impartiality and responsibility of the judiciary," said Jauković.
He emphasized that the Ministry already participates in the work of the commission for experts, where it has its own representative, as well as that through long-term monitoring of the situation, several shortcomings have been observed that require urgent changes.
"In the Justice Reform Strategy, the activities included in the action plan for the period 2024-2025, which relate to the improvement of the legal framework through changes to the Law on Court Experts, are clearly indicated. By amending the law, we are trying to address all the problems pointed out by experts, in order to provide a sustainable and long-term solution," said Jauković.
He said that in the coming period it is planned to establish a working group that will work on drafting amendments to the existing law, with the active participation of representatives of the courts, the prosecution, the Ministry of Justice, as well as the association of court experts.
"I believe that the results of this study and all the contributions at this gathering will significantly help in identifying key problems and finding new solutions that will improve the work of the court expert system," concluded Jauković.
The state prosecutor in the Higher State Prosecutor's Office in Podgorica, Snežana Šišević, emphasized the importance of the role of court experts in the process of passing judgments, pointing out that there is a need for their engagement in almost every case.
"Almost every case in which I work involves or requires the involvement of an expert," said Sišević, adding that it is a segment of the judiciary's work that cannot be ignored.
According to her, the key issues are both the quality and the ethics of the expert's work.
Šišević pointed out that new experts are often given a chance, but that their first engagements require special attention and verification in order to earn trust for future cases.
"We provide an opportunity to new experts, but they must earn trust so that they can be safely engaged in their work in the following cases," Šišević explained.
She also pointed out the importance of evaluating the work of experts, stating that the current system is superficial and that evaluations should be done more often.
"I think that the evaluation of the expert's work must be more detailed and more frequent, because each of our engagements with the expert leaves a significant impression that we share internally, as a recommendation or warning for future collaborations," said Šišević.
Regarding the ethics of experts, Šišević pointed out that most cases are based on the findings and opinions of experts and that it is essential that they demonstrate a high level of expertise and ethical behavior.
"When we hire an expert, we need to make sure of his ethics, because this directly affects the quality of the case. Although the speed of procedures plays an important role, it must never be at the expense of quality," Šišević pointed out.
She explained that the amendments to the Law on the State Prosecutor's Office include the possibility of initiating disciplinary liability in cases where experts do not comply with legal obligations, which represents an additional step towards improving the responsibility and quality of their work.
The President of the Basic Court in Podgorica, Željka Jovović, pointed out the importance of establishing a professional association or chamber of court experts, which, she believes, would improve the quality of work and the efficiency of the judiciary.
"This issue of cooperation with experts is crucial for the work of the court, since a third of the delays in proceedings are related to the work of experts," stated Jovović.
She pointed out that the current practice shows significant problems in the engagement of experts, including their quality of work and ethical standards.
"Of particular concern is the fact that only 30 percent of experts are involved in associations, while the remaining 70 percent act independently. This not only affects the quality of work, but also the ability to communicate and control their engagements," said Jovović.
Bonus video:
