The candidate for the member of the Prosecutor's Council, Borivoje Đukanović, said that the plea agreement as a procedural institution should not be eliminated from the Code of Criminal Law.
"Because it is so efficient, so facilitating for the procedural - legal status of the defendant and in general for the subjects of the procedure", said Đukanović.
At a consultative hearing before the Committee for the Political System, Administration and Justice, he answered the question of Boris Mugoša (SD) about what he thought about the plea agreement, and said that the limit to which the threat of imprisonment should be limited should this institution be procedurally changed.
"It must change, because the appearance of criminogenic behavior in every aspect of the legal content, not only in our country, but also in the region and beyond, has taken on such a character that no procedural benefit should be allowed for such behaviors that threaten the fundamental values of every state," he said. Djukanovic.
Today, the board consultatively listens to another group of candidates from among distinguished lawyers who applied for membership in the Prosecutor's Council.
1 candidates applied for the competition for four positions from among distinguished lawyers in the new Prosecutor's Council, which lasted until July 16.
Today the Board is hearing Borivoje Đukanović, Maja Zeković, Filip Jovović and Dalibor Kavarić.
The board was supposed to listen to Nikola Medojević as well, but he withdrew his candidacy.
Đukanović, when asked what his position is on the findings that about 90 percent of the current prosecutors are associates of the National Security Agency (ANB), replied that he could not answer that:
"How can I judge whether 90, 50 or 40 percent of the prosecutors cooperated or are cooperating with the ANB, if I do not have a single piece of data, document, or valid evidence on which I would base my position," said Đukanović. .
He said that the Hague Tribunal was formed with the sole aim - "that the Serbs, historically speaking, degrade themselves to that level, that every Serb tomorrow loses any credibility, that he is without integrity, without morality".
"I'm absolutely not interested in politics, but that's a fact," Djukanovic said.
Dragutin Papović (DPS) said that Đukanović has a wrong attitude about the Hague Tribunal and that it is clear in which direction he would develop the judicial system and justice in Montenegro.
Đukanović replied that Papović was wrong and biased:
"You can't, you're not good enough to say what you know about me and what you see in me. A lot of water will pass through Morač while you could reach my knees", answered Đukanović.
Đukanović said that each election of court presidents was followed by certain interest activities from some political spheres:
"Most of the time, I am convinced that there is very little of that lately compared to the previous period".
Maja Zeković, answering the question of Boris Mugoša (SD), how she views the norm of the Law on the State Prosecutor's Office on the basis of which the mandate of the existing TS was terminated without any reason, said that it is ungrateful to comment on it now and that a law should first of all be allowed to be implemented and see how will show in practice.
She said that there have been significant developments in the Prosecutor's Office in the last 25 years, but that does not mean that the Prosecutor's Office works as citizens expect and that it works in their interest.
She pointed out that she sees the need for promotion in the Prosecutor's Office in the independence of prosecutors, stating that they must be independent in their work, respecting the hierarchy in the prosecutor's office.
Zeković said that she would put an emphasis on updating the investigations that have not moved from place for years, concerning more serious privatizations, that is, open bankruptcy proceedings, and that such cases should be checked as a priority.
"From those cases and from the work of individual prosecutors, it will be revealed whether there really are any abuses or if there is a reason why these cases have not been concluded," Zeković said.
Filip Jovović pointed out that education is the biggest problem in that there are not enough financial investigations.
"It is a very complex process. In addition to legal knowledge, broad economic knowledge is needed, and I believe that in addition to the education of prosecutors, we should not hesitate to ask for possible international assistance," said Jovović.
He said that special attention should be paid to crimes related to tax evasion.
"It is not only a Montenegrin problem. It's a problem everywhere in the world...For example, the American billionaire Bezos flies into space and doesn't pay taxes".
He said that the problem of the "bankruptcy mafia" should also be solved, stating that even the Bankruptcy Law itself is not "the most well-tailored".
He pointed out that he advocates that those who cannot prove the origin of their property, and do not fall under any criminal offense, should bear some legal consequences.
"Whether it will be confiscation - I can't say that I would really agree with that solution... Maybe high-rate taxation would come into consideration," Jovović said.
Dalibor Kavarić said that he did not notice that certain judges or prosecutors are connected with each other, nor that certain judges favor certain lawyers and vice versa.
He said that he would have reported it if he had noticed something like that.
"It is logical that if some lawyers do more criminal matters, they have better communication with judges in the sense that it is some kind of communication on a common level...".
Kavarić answered the question of DPS MP Marta Šćepanović whether the prosecutors are proactive enough, saying that the prosecutors are "quite proactive".
He pointed out that the TS does not have the authority of the Supreme State Prosecutor or the heads of certain prosecutor's offices to give mandatory instructions, direct their work or otherwise directly influence the work of prosecutors.
"Through certain evaluation methods, education, periodical reports, the Prosecutor's Council has the possibility to assess whether the work of prosecutors is proactive...", said Kavarić.
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