Katnić goes to unassigned

Distrust in the work of the Special State Prosecutor's Office and its leader - chief special prosecutor Milivoj Katnić, the new government plans to resolve by abolishing that judicial body and establishing a new, identical jurisdiction - the Prosecutor's Office for the fight against organized crime and corruption, "Vijesti" has learned.

This is provided for in the Proposal for the Law on the Prosecutor's Office for the Fight against Organized Crime and Corruption, which was agreed upon by the caucuses of the new parliamentary majority and the Ministry of Justice. Its adoption is planned according to the emergency procedure for the extraordinary session on February 18.

With the entry into force of the new law, if it is passed as planned, GST and special prosecutors would have, as stated, the status of unassigned prosecutors.

Until the election of the head of the new Prosecutor's Office, the Supreme State Prosecutor's Office would take over his duties in cases that cannot be delayed, according to the proposal of the Law on the Prosecutor's Office for Organized Crime and Corruption.

This would remove Katnić, and the choice of his successor would depend on the new Prosecutorial Council (SC) - whose position is foreseen by another regulation - the Proposal for Amendments to the Law on the State Prosecutor's Office.

The parliamentary majority caucuses predict a change in the balance of power in TS in favor of lawyers elected by the Assembly. The law stipulates that in terms of its composition, the number of state prosecutors will be reduced by two, and the number of members from the ranks of distinguished lawyers will be increased by the same amount. The reason for such a change, the MPs explain, is to align the functioning of the State Prosecutor's Office with the provisions of the Constitutional provision that every government should derive from the freely expressed will of citizens in elections.

Instead of the current provision that the GST is proposed by the TS Supreme State Prosecutor, the new proposal stipulates only that the Prosecutorial Council selects the prosecutor for organized crime.

In the explanations for why these laws should be adopted by abbreviated procedure, it is stated that it is necessary to create prerequisites for an effective fight against crime and corruption, as a prerequisite for the realization of the rule of law.

It is reminded that the current SDT has not met expectations in the fight against corruption and has very limited scope, and that in relevant international documents, one of which is the Progress Report of the European Commission, it is stated that the prosecution is sensitive to political interference.

According to the MPs, SDT achieved its greatest achievements in the persecution of political dissidents and opponents of the former regime.

When it comes to the Law on the State Prosecutor's Office, it is estimated that the results of the work of the Prosecutor's Council should be improved, which are directly reflected in the functioning of the state-prosecutor's organization and the non-fulfillment of the conditions for Montenegro's accession to the EU.

Prosecutors are obliged to respond to the summons of the Assembly, survey and competent committees

Due to the refusal of VDT and GST to come to certain sessions of the Assembly committee of the previous convocation, the deputies supplemented the provisions of the law in that part.

Instead of the article in the Law on State Prosecution that "The Supreme State Prosecutor and the Chief Special Prosecutor are obliged to participate in the work of the session at the invitation of the Parliament of Montenegro and competent working bodies", it now says that ""The Supreme State Prosecutor and the head of the Prosecutor's Office for Organized Crime. .. obliged to participate in the work of the session at the invitation of the Parliament of Montenegro, the survey committee and competent working bodies for issues of justice, corruption and security".

The current special prosecutors will be assigned the same criteria for the selection of prosecution managers

When choosing a prosecutor for organized crime, the members of the Prosecutor's Council will take into account his professional development, published scientific works, work experience in criminal cases, quality of work, ability to make decisions, but also understanding of the role of the state prosecutor in society.

Prosecutors, judges, lawyers with 12 years of experience in that profession, bar exam can apply for that job... These are the same criteria as in the current Law on SDT for the selection of GST, that is, special prosecutors.

The number of prosecutors in the department for organized crime is determined by the TS.

The Proposal for the Law on Prosecution for Organized Crime also states that within six months of the entry into force of the law, the TS will deploy special prosecutors in accordance with the decision on the number of state prosecutors. Their deployment, as envisaged, does not require consent.