The Special State Prosecutor's Office (SDT) has proposed to the Higher Court in Podgorica that in the court case "Carbon Credits" against the defendant Duško Knežević, revokes the status of cooperating witness To Đorđi Đurđić, the lawyer confirmed to "Vijesti" Drazen Medojević, one of Knežević's defense attorneys.
"The proposal was submitted to the court by the acting special state prosecutor. The court has not yet made a decision on that proposal. The judge announced that he will announce the decision at the next hearing of the main trial," said lawyer Medojević.
When reminded that the defense, namely that he and his colleague Dušan Radosavljević, presented this proposal to the court at the trial in March this year, the defense attorney states that only the Special State Prosecutor's Office can formally submit this proposal.
"The defense did propose it, but only at the proposal of the SDT can the status be revoked. It's just that in this case the SDT accepted our initiative and submitted a proposal to the court," explained lawyer Medojević.
The trial continues on October 1st at the Higher Court in Podgorica, before Judge Igor Đuričković.
At the beginning of March, lawyer Dražen Medojević proposed to the court that the statement of the witness Đurđić's collaborator given to the SDT during the investigation be separated from the case file as legally invalid evidence.
He also proposed that the court issue a ruling that would revoke Đurđić's status as a cooperating witness.
In the proposal, he explained that someone must be a member of a criminal organization if they want to be granted the status of a cooperating witness.
"Which has the aim of committing criminal acts. In his statement before the SDT, Đurđić only talks about one loan, while for the others he says that he did not participate in any of them. If he were a member of a criminal organization, he would have been involved. It is clear that Đurđić was not a member of a criminal organization, because he would have known. And it is clear that he knew nothing. I propose that his status as a cooperating witness be revoked," Medojević stated at the time.
Supporting his colleague's proposal, Knežević's other defense attorney, lawyer Dušan Radosavljević, added: "Mr. Đorđe Đurđić has the status of a cooperating witness in this case. In the second case against Knežević, he concluded a plea agreement, in the third court case he has the status of an ordinary witness, while in the fourth he also has the status of a cooperating witness. This is an absurd situation, that the same man has different criminal and legal characteristics. Đurđić should not have been given the status of a cooperating witness," Radosavljević stated at the trial in March.
The indictment against Duško Knežević, among other things, states that Knežević, Predrag Dašić, Zoran Nikolic, Brankica Bašović i Biljana Bašović, caused damage to the legal entity "Global Karbon" DOO Podgorica, and obtained illegal benefits in the amount of 1,942,000 euros from the legal entities "Fin Invest", "Atlas Group", RTV "Atlas", "RT Mimosa", "Atlas System" and "Mega Gulf Investments Holdings Limited".
What the law provides
The institution of cooperating witnesses is provided for in the Criminal Procedure Code (CPC) and refers to members of a criminal organization or group who, although themselves under investigation or accused, agree to testify against their associates.
In order for someone to receive this status, it is necessary for their testimony to significantly contribute to the detection and proof of serious organized crime offenses, but also for the value of the testimony to outweigh the harmful consequences of their personal crime.
The proposal for the appointment of a cooperating witness shall be submitted by the state prosecutor no later than the end of the main trial.
It must contain all the facts and evidence on the basis of which the court decides whether the conditions have been met.
The law stipulates that a cooperating witness cannot be the organizer or leader of a criminal group.
Before the status is granted, the prosecutor warns the potential witness of the obligations and enters his statement into the record.
The court panel decides on the proposal in a closed session, and if it accepts it, it issues a decision suspending the proceedings against that person.
The cooperating witness, in turn, must give a complete and truthful statement. His previous statements given as a defendant are severable from the record and cannot be used against him. After testifying, the cooperating witness cannot be prosecuted for the offense for which his status was accepted, while the prosecution dismisses the charge or abandons the prosecution.
In this way, the law balances the state's need to break up criminal networks and the individual's interest in avoiding punishment, placing emphasis on exposing the most dangerous forms of organized crime.
When, in accordance with the law, a decision is revoked
The CPC states that the state prosecutor will propose revoking the decision granting the status of a cooperating witness if that person does not give a statement in accordance with the law, or as agreed with the prosecutor's office.
"Or if, before the final conclusion of the proceedings, he commits a new criminal offense of organized crime, the state prosecutor will propose revoking the decision... and continuing the criminal prosecution, or initiating criminal proceedings for that and the new criminal offense."
"If during the proceedings a previously committed criminal offense of organized crime by a cooperating witness is discovered, the State Prosecutor shall act in accordance with the provisions of Article 125 of this Code, after which he may propose the revocation of the decision referred to in Article 128, paragraph 1 of this Code and continue the criminal prosecution, i.e. initiate criminal proceedings for that previously committed criminal offense."
"If during the proceedings a previously committed criminal offense by a cooperating witness is discovered that does not constitute an act of organized crime, the state prosecutor will act in accordance with the general rules of this Code," the CPC states.
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