Vukčević: The legal conditions for determining the final results of the elections in Podgorica have not been met

The President of the Election Commission of the capital, Veselin Vukčević, told the members of that Commission that the legal conditions for determining the final results of the local elections in Podgorica held on October 23 have not been met.

Yesterday, the members of the Election Commission of the Capital sent a request to Vukčević to convene a session for yesterday at 15 pm.

In the letter, Vukčević also stated that the request for convening a session of that Commission does not meet the requirements of Article 11 paragraph 1 of the Commission's Rules of Procedure.

"Namely, the aforementioned provision prescribes that the session of the Commission shall be convened and the agenda proposed by the President of the Commission when there is a need for the work of the Commission, on his own initiative or at the request of at least three members of the permanent composition of the Commission. As the request for convening the session of the Commission on November 7 was signed only by two of the five permanent members of the Commission, while the remaining five signatories are authorized representatives of the applicants of electoral lists, who are, in the sense of Article 26 of the Law on the Election of Councilors and Members of Parliament, members of the extended composition, it is clear that the articles of the Rules of Procedure for convening the session have not been fulfilled," he stated Vukcevic.

He added that given the fact that the illegal determination of the final results of the election before the adoption of the final or executive decisions of the Constitutional Court would constitute the criminal offense of abuse of office under Article 416 of the Criminal Code, it is clear that the request for convening a session with that aim was sent to encourage the execution of that criminal act.

Vukčević stated in the letter that Article 24 paragraph 1 of the Criminal Code stipulates that whoever intentionally incites another to commit a criminal offense shall be punished as if he had committed it himself.

"Paragraph 2 of the same article prescribes that anyone who intentionally incites another to commit a criminal offense for which a prison sentence of five years or a heavier penalty can be imposed by law, and the offense is not even attempted, will be punished as for an attempted criminal offense. it follows that the submission of the aforementioned request to the President of the Commission to convene a session where the final results would be determined, contrary to the law, is a sufficient basis for filing a criminal report," said Vukčević.

The Europe now movement filed a criminal complaint against Vukčević with the Special State Prosecutor's Office (SDT).

They suspect him of the criminal offense of abuse of official position because on two occasions he refused the request of the majority of the members of the Election Commission to convene a session.