Special Prosecutor Vukas Radonjić said that the interpretation regarding the final announcement of the election results, which he announced in a notification to the President of the Election Commission of the Capital City, Veselin Vukčević, is not the legal position of the Special Prosecutor's Office, but his "independent prosecutorial opinion".
"It is not a solution, that is, a decision, but a notification to the president of the Election Commission of the Capital City about the rejection of his criminal complaint, with an explanation of the reasons for which the complaint was rejected. It is about my legal position, as the state prosecutor, on that issue, presented according to the prosecutor's free opinion and in accordance with independence in decision-making, and exclusively for making a decision on the applicant's criminal complaint," said Radonjić in his statement.
SDT dismissed the criminal charges related to the dispute over the announcement of the results of the local elections in Podgorica. The complaint filed by Vukčević against several of its members for incitement to a criminal offense was rejected, as was the one filed against him for refusing to allow the announcement of the results.
In the explanation of the decision, Radonjić stated that there are no elements for criminal prosecution and that it is "obviously a conflict of two legal interpretations".
He further interprets that the spirit of the Law on the Election of Councilors and Members of Parliament is such that election results cannot be announced until the Constitutional Court decides on election appeals.
"The spirit of the law is such that the obligation from Article 99 paragraph 2 of the Law on the Election of Councilors and Members of Parliament, which refers to the publication of election results, can only be fulfilled if the obligations from Article 98, which regulates the announcement of the final results, for which in the specific the conditions were not met in the case", explains the prosecutor.
Explaining these allegations, Radonjić added to "Vijesti" that "it is not a question of the legal position of the Special State Prosecutor's Office, which, by law, is not competent to resolve the issue of determining the final results of the election, nor is the state prosecutor's position legally binding for any subject".
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