The Ministry of Justice (MoJ) is preparing to draft special laws that would regulate the area of (mis)use of artificial intelligence (AI), and will have the support of the Italian justice department in this.
This was told to "Vijesti" by the Minister of Justice. Bojan Božović, who was in Rome last week, with his colleague there Karl Nordi, signed a Memorandum of Understanding on cooperation between the justice departments of the two countries.
Božović said that a special legal framework for AI is a clear goal:
"The development of a legal framework related to the use and misuse of artificial intelligence was one of the specific topics in Rome, and Italy offered us support in drafting specific laws in this area. I would not be bound by precise deadlines now, because a serious law requires serious preparation, broad consultations and harmonisation with European standards, primarily with EU regulations in this area. But the direction is clear - Montenegro is moving towards regulating this area, and we want to be among the countries in the region that do so first, not last."
Asked in which segments the Ministry of Justice recognizes the greatest legal challenges with AI technologies, Božović pointed out that technology is advancing faster than legislation can keep up with it:
“We recognize several key segments: the misuse of AI to create fake content and so-called deepfake material, the use of AI in fraud and manipulation, issues of liability when damage is caused by an automated system, and data protection and privacy. This is not a challenge only for us - our Italian colleagues have openly told us that Italy also faces major challenges when it comes to the misuse of AI by organized criminal groups. We have agreed that they will help us draft specific laws in this area. The legal challenge is not just to prohibit misuse, but to do so in a way that does not stifle legitimate use and innovation. You have to strike that balance carefully, and that is precisely why the experience of partners like Italy is valuable to us.”
Explaining how crime groups most often misuse AI and how prepared Montenegro is to respond, Božović said that it is about deepfake content for fraud, blackmail, generating false documents...
“Organized crime groups are, unfortunately, among the first to adopt new technologies. The most common forms of abuse include deepfake content for fraud and blackmail, automated fraud and phishing campaigns, generating false identities and documents, as well as using AI to conceal traces and communications. I have to be honest - no country in the world today is fully prepared for all these challenges, because they are new and changing rapidly. This was confirmed to us by our Italian colleagues, who are facing the same problem despite their enormous capacities. But readiness is built: through the legal framework, through training of personnel and through cooperation with partners who are ahead of us. Montenegro has decided to approach this issue systematically and in a timely manner, and not to react only when the problem becomes insurmountable.”
Asked what the memorandum specifically entails, and what the first activities will be, he explained that cooperation is being raised from the level of good intentions to the level of concrete, operational activities.
"The memorandum defines areas of common interest - the fight against organized crime and corruption, confiscation of illegally acquired assets, international legal assistance and exchange of experiences in judicial reform. The first activities will be focused on establishing working contacts between the expert teams of the two ministries and defining a concrete plan of cooperation, primarily in the field of anti-mafia legislation and exchange of expertise. Italy has made its capacities available to us, which includes both expert support and the possibility for our practitioners to be participants in the training program for the implementation of these laws. Therefore, both theoretical and practical support. A visit by the Italian Minister of Justice with a wider team has also been announced, which will further operationalize the cooperation. Our goal is to move from signing the memorandum to work as soon as possible."
He explained that, in addition to the Memorandum, one of the central topics was Montenegro's results in negotiations with the European Union. "Italy has explicitly supported our ambition for Montenegro to become a member of the EU as soon as possible, which means a lot to us, given their weight within the Union. I informed the Italian officials about the reforms of our criminal legislation and the harmonization with European legislation - primarily with regard to the confiscation of proceeds of crime and the law on the prevention of corruption. I especially informed them about the introduction of new criminal offenses, such as the illicit enrichment of officials, as well as the fact that a new law on the protection of whistleblowers will soon be adopted."
Anti-mafia legislation
He added that they also discussed three specific areas in which Italy can provide expert support - the development of anti-mafia legislation, the formation of joint investigation teams and the development of regulations related to the misuse of AI. The conversation confirmed that we share the same approach and the same seriousness with Italy when it comes to the rule of law.
"Italy has one of the most developed anti-mafia legislations in the world, built over decades, often through painful experience. It is a system that has shown that the state can confront even the most organized criminal structures - through instruments such as asset seizure, special investigative powers and witness protection. Italy has the largest resources in Europe in this area, and that is precisely why their support is so valuable to us. The support will be implemented on two levels - both theoretical and practical. On the one hand, through expert consultations and the exchange of legal solutions; on the other, through the possibility for our practitioners to be participants in their training programs for the implementation of these laws. It is not about copying, but about learning from experience that has been proven functional, and its careful application to the Montenegrin context," said Božović, when asked how support in the development of anti-mafia legislation will be implemented and what Montenegro can take from the Italian experience.
Responding to questions about whether specific steps for joint investigation teams have been defined and in which areas they would operate, he explained that the Italian side had offered them the formation of joint investigation teams, and that the principle and commitment of both sides had been clearly confirmed.
"Specific operational steps will be the subject of further discussions between the competent judicial and security institutions, as the formation of joint investigation teams requires precise harmonization of legal bases and procedures. The announced visit of the Italian Minister of Justice with a wider team will also contribute to this. It is logical to expect that such teams would primarily operate in the areas of cross-border organized crime - smuggling, money laundering and criminal networks operating in the territories of both states. This is precisely where a joint approach yields the greatest results."
Božović assessed that Italy's experience in the fight against the mafia could be of great help to Montenegro:
“Italy is a country that has turned the fight against organized crime into a science and a state priority of the highest order, and has the largest resources in Europe in this area. Its prosecutors, investigators and legislators have accumulated knowledge that cannot be found in textbooks - it comes from decades of direct combat. For us, it is crucial that we do not have to discover everything on our own. Our Italian colleagues have clearly made their capacities available to us - not only through expert support, but also through the opportunity to undergo their training and implementation programs. This transfer of knowledge - from institutional design to specific investigative techniques - can significantly accelerate and strengthen our response to organized crime and corruption.”
Confiscation of property a strong blow
Božović pointed out that during the meeting in Italy, with colleagues from the Ministry of Justice there, the topics of property restitution and international legal assistance were raised.
"They are explicitly recognized in the Memorandum. We agreed that confiscation of assets acquired through criminal activity is one of the most significant blows to organized crime groups - because it hits what matters most to criminals. On that occasion, I also introduced them to our reforms in this area - with the harmonization of legislation on confiscation of assets with European standards, as well as the introduction of a new criminal offense of illicit enrichment of officials. Strengthening international legal assistance is also crucial, especially when we are talking about crime that knows no borders. Faster and more efficient cooperation between the judiciary of the two countries directly means that perpetrators have less room to hide behind borders."
When asked what the most important message and concrete benefit for citizens was, he replied that Montenegro is not fighting for the rule of law alone:
“We have serious and experienced partners who are ready to help us, and who support our ambition to become an EU member as soon as possible... The concrete benefits for citizens are quite tangible: a more efficient fight against organized crime and corruption means a safer state. Confiscation of illegally acquired assets means that crime does not pay. New instruments, such as the criminal offense of illicit enrichment of officials and the law on the protection of whistleblowers, mean a stronger and more responsible state. Regulating the field of artificial intelligence means protecting citizens from new forms of fraud and abuse. And finally - every such step brings us closer to EU membership, which is in the interest of every citizen.”
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