In the Parliament, the debate on the Law on amnesty, proposed by the members of the ruling coalition, has started, and it foresees a 15 percent reduction in the sentence for those convicted in prison, or ten percent for those who have not yet started serving their sentence.
Miloš Nikolić (DPS), explaining the proposal, said that in the DSP they are confident in the establishment of the law from the aspect of the fight against the coronavirus and some other options and chances that can be given to certain persons who have committed some criminal acts.
He reminded that the main reason for proposing this regulation is the overcrowding of prisons during the pandemic, which is an extraordinary challenge for the prison system.
"There are currently 1.084 people in UIKS, and about 500 officers are engaged in their security on a daily basis," said Nikolić.
The law on amnesty, the adoption of which is requested under abbreviated procedure, was proposed by DPS, Forca, the Bosniak Party, the Croatian Civic Initiative (HGI) and the Liberal Party. The proposal was not signed by the deputies of the Social Democrats.
The proposal envisages a five percent reduction in the sentence for persons who have been unconditionally convicted two or more times. It is anticipated that persons sentenced to lighter sentences, up to three months, will receive a suspended sentence.
For those sentenced from three to six months, the sentence is changed, as written in the proposal, to house arrest.
It is explained that the amnesty does not apply to those convicted of war crimes, corruption and organized crime, rape, rape and similar crimes, as well as domestic violence.
The amnesty will not apply to those who have already received it, for those sentenced to maximum sentences of 40 years.
It will also not apply to those who have been issued a warrant for refusing to go to jail.
Five amendments were submitted to the bill.
Pavićević: The amendment on the exemption of serious murders must be accepted
Danijela Pavićević (SNP) said during the debate in the Parliament that the European practice is to grant amnesty after a long period, before some important dates, so everything is taken into account - the behavior of the convict, the so-called resocialization, so other services are also involved in that process. and not in this way as proposed in Montenegro.
"I don't believe that the EU is aware of how many amnesties there were here, and I don't believe that they would approve such a large number of amnesties," Pavićević said.
She added that in Montenegro amnesty is always before the elections, before the referendum, or even every year, for example in 2000, 2004, 2005, 2006, 2008, 2010 and 2013.
"During that period, until 2018, when the amnesty was initiated again, there must have been convicts who were amnestied several times. In 2010 and 2013, serious murder was exempted from amnesties, but today it is not. What has changed? At that time, the known processes for murder police inspector Šćekić and my brother Duško Jovanović were not legally terminated, so they would not be affected by amnesty, but today they are. The amendment on the exemption of serious murders must be accepted or the client has his own reasons that can be guessed," said Pavićević, who is the amendment filed with DF MPs.
He believes that the ultimate goal of the law is the category of serious murders - they want to be helped.
"If it is adopted, it will be clear who is favorable towards murderers and the most serious criminals. They arrest minors because of their status on social networks, bishops, they throw tear gas at children all because of him... And what is the purpose of punishment if, by someone's order, the majority of the parliament pardons wrongdoing and shortens the length of the sentence. It used to happen that the sentences of those convicted of murder were reduced by 25 percent," Pavićević said.
DF MPs and Pavićević, with their amendment, request to exclude from the amnesty persons who, on the date of entry into force of the law, were legally convicted of the criminal offense of aggravated murder.
Mandić: A lot of political beliefs in prisons
Before that, the three DF leaders submitted an amendment requesting a 40 percent reduction in the sentence of legally convicted persons who are serving a prison sentence, as well as persons who have not yet begun serving their sentence and those who have been sentenced by a foreign criminal judgment that is executed in Montenegro. or whose transfer was made to another country, for the purpose of serving a prison sentence.
Andrija Mandić (DF) said that he had no qualms or remorse for proposing amnesty for those people, excluding those who committed serious murders and serious crimes.
"There are many people from political beliefs in prisons. If the government changes, they will be financially compensated and deleted from the criminal record," Mandic said.
DF Member of Parliament Branka Bošnjak submitted an amendment requesting that persons who entered into a plea agreement on the day of the law's entry into force be exempted from the amnesty.
Strahinja Bulajić (DF), speaking about the draft law, said that "this has already been seen and the impression is that the ruling party is providing greater support from convicts and their family members with amnesty".
"If it is a humane gesture and a measure to relax the prison, why does the government always think of it before the elections, why is it not humane and the crowd does not clear up in the meantime?" asked Bulajić.
He said that amnesty has two sides - bright for the amnestied and their family members, but also dark for the victims' families.
Bulajić said that the DF cannot raise a hand for the law, if their three amendments are not accepted.
Vuksanović Stanković: It is better for Marković to welcome the adoption of amendments to the Law on PIO
Draginja Vuksanović Stanković (SDP) believes that it is better for Prime Minister Duško Marković to welcome the adoption of amendments to the Law on PIO or the increase in salaries for healthcare workers than this law "which does not fulfill the purpose of punishment and commits injustice".
She stated that 90 percent of the sentences are below the legal minimum for assaulting a police officer while on duty.
"Did we thereby fulfill the purpose of punishment? An attack on the police is an attack on the state. How many suspended sentences have been handed down, how many have been revoked so far? There is either not enough justice or it is not equal for everyone," Vuksanović Stanković said.
Goran Radonjić (United Montenegro) asked if everyone in Montenegro is responsible for what they do.
"If he was filmed taking an envelope, is he responsible for what he is doing? I find this tenderness and understanding towards criminals unusual," Radonjić said.
He reminded that he and his colleague Goran Danilović submitted amendments to the Proposal, which request that persons convicted of the criminal offense of failure to comply with the health regulations for the suppression of dangerous infectious diseases from Article 287 of the Criminal Code be released from the execution of the imposed prison sentence and that their prohibition measures be lifted performing vocations, activities and duties, the conviction is erased and all its legal consequences cease.
Among other things, they are asking to be released from criminal prosecution of persons against whom proceedings have been initiated for the criminal offense of failure to comply with health regulations for the suppression of a dangerous infectious disease.
Ranko Krivokapić (SDP) assessed that the Montenegrin penal policy is in principle below the legal minimum, "and we will reward them with release".
"Where is the opinion of the profession, I understand the political motives, 90 percent of people in prisons vote for DPS? Why? It is common for them to vote against the government that put them in prison," Krivokapić said.
He said that in order for the state to have dignity, for its laws to be valid, "then you cannot forget to include serious murders in the exemptions, because there are also public figures, journalists, defenders of crime, the first line of the fight against crime. It has not been forgotten , that's the goal. Let's not play with such mistakes in an overheated atmosphere," said Krivokapić.
Rudović: Every three years we bring amnesty
Commenting on the fact that there are no serious murders among the exemptions, Neđeljko Rudović (Demos) asked if there was an obligation, some debt and to whom.
"Every three years, we bring amnesty," said Rudović, who read part of a letter from Slavica Šćekić, the sister of murdered inspector Slavoljub Šćekić, in which she appealed to the conscience of deputies "not to be complicit in a criminal act."
Brajović said that there had been no amnesty since 2013.
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