After the break, the deputies voted on the amendments and the bill itself.
The amendments proposed by the URA Civic Movement were rejected by the Legislative Committee as legally unacceptable.
Zoran Mikić, MP for the URA Party, said that the goal of the law is to permanently seize property acquired through criminal activities and return it to citizens, and that their amendments provided for the separation of financial reconnaissance, financial investigation and temporary security.
"We are sticking to the civic model, as better," he said.
Parliament Speaker Andrija Mandić (NSD) explained that the amendments to the GP URA are a different concept than the ruling majority's proposal.
None of the 19 amendments to the GP URA were adopted.
With 43 votes in favor, the Bill on the Confiscation of Proceeds of Crime was adopted.
Minister of Justice Bojan Božović, in his closing remarks, said that a good solution was being proposed.
"We had a fruitful discussion today. With a new source of law, we are fulfilling another obligation. Unlike some EU member states that are only harmonizing their regulations with the 2024 directive, Montenegro will already be part of the EU as of tonight or tomorrow," he said.
A break has been given, after which the vote will take place.
New Serbian Democracy (NSD) MP Dejan Đurović said that such a law was also passed in France, Italy, and Ireland, which also had problems with the mafia.
"Would this law be needed if there had not been two serious criminal organizations in Montenegro for decades - the Skaljar and Kavak clans? If there had not been a prosecutorial mafia? If the first and second man in prison - Milivoje Katnić and Saša Čađenović - were connected to organized crime, there would have been a prosecutorial mafia. If there had not been a judicial mafia with Vesna Medenica and Blaža Jovanić? Would it have been needed if there had not been a police mafia with Veselin Veljović, Zoran Lazović, Dejan Peruničić? If there had not been a construction mafia with Bemaks? If there had not been a tobacco mafia with several leaders? If there had not been a forestry mafia?" asked Đurović.
As he added, financial investigations must not last for years.
"Tomorrow we will make a decision to improve the material status in the judiciary," he stressed.
Milan Lekić, a New Serbian Democracy (NSD) MP, said that the roots of crime lie in the 90s, when the Democratic Party of Socialists (DPS) was in power.
Vasilije Čarapić, a member of parliament for the Europe Now Movement (PES), said that Al Capone was arrested in the United States of America (USA) due to tax laws.
Democratic Montenegro MP Duško Stjepović said that "a mafia member does not attack a person's personality, but his pocketbook."
"This is something that affects them too, because there will be less and less money for the elections. How will these people from Skalaj, Kavčani, and Zvicari pay tribute before the elections?" said Stjepović.
DPS President and MP Danijel Živković pointed out that there are great expectations for the seizure of property, but also that the government wants to examine the property of all officials of the former government.
As he added, he is referring to Italy, but it still has three large organized crime groups - Camorra, Cosa Nostra and 'Ndrangheta.
"For me personally, it is unacceptable that if someone is acquitted in the proceedings, the process of confiscating that property continues. I could list examples of various companies operating in Montenegro, which come from a neighboring country, and the property of those companies is linked to organized crime. And officials of this government are connected to those companies. They have direct connections. I am referring to the city I come from. The data is from the Security and Defense Committee and I am not allowed to present it," he said.
He pointed out that this law allows for the tracking of cryptocurrencies.
"This is a valuable source that will show us what certain connections with crypto-mage (George) Cottrell here in Montenegro have produced in the form of financial gains in individual accounts," Živković said.
The DPS leader pointed out that they suspect abuses, and that they will therefore not support the proposed law.
Momčilo Leković, a member of the Democratic Party of Montenegro, said that "they are starting again with divisions and graffiti" because this law is being adopted. Andrija Nikolić, a member of the Democratic Party of Socialists (DPS), said that "everything that was illegally taken from citizens should be returned."
"You have spread the wings of your authority here. Not you, I'm talking about the system," Nikolić pointed out.
As he added, it is not the individual who proves independence, but the state and the court.
Justice Minister Bojan Božović said that there have been cases like the Krstović family's, but that it is up to them to find ways to reduce them as much as possible.
Budimir Krstović and his daughter Marina were finally acquitted in April 2024 of charges for smuggling more than a ton of cocaine.
At the end of August 2021, police seized around 1.200 kilograms of drugs, hidden among packages of bananas, in the Krstović warehouse in Zeta.
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Zoran Mikić, MP from the Civic Movement (GP) URA, said to the majority, "Welcome to the politics of GP URA."
"I regret that a similar solution was not proposed in February 2023 when it was proposed by the 43rd Government or why it was not adopted in April 2024 when it was proposed by the GP URA parliamentary group. We would have had enough time to start implementing the solutions in practice, to see any potential shortcomings and to correct them as we go. Instead, we have wasted the last three years using the existing legal solution that clearly does not produce the effects that citizens expect and that produce results," he said.
He added that the opposition has no reason to fear, but also to think that the solution is not effective enough "to bring millions of euros to the state" as the government expects.
"I have an obligation tonight to mention some names who worked on this solution - from the 42nd Government onwards: these are Mr. Boris Marić, former Secretary General of the Government, Mr. Ivo Šoć, advisor to the Prime Minister for legal issues, and, dear citizens, as a legal consultant, the current Supreme State Prosecutor Milorad Marković," said Mikić.
Aleksandra Vuković Kuč, a member of the Democratic Party of Socialists (DPS), said that the most controversial innovation is the permanent seizure of property before a final verdict.
"Every state has the right to doubt, but the court also has the right to present evidence and make a verdict... Has this law made an indictment a verdict?" she asked.
Justice Minister Bojan Božović said that "the indictment is not a verdict because two proceedings are underway."
"When we have a confirmed indictment, we have the opportunity to check with organized crime groups whether their property was acquired illegally," he explained.
Vuković Kuč asked Božović "shouldn't he dismiss Mandić for his condolences on the death of Ratko Mladić?"
Jelenka Andrić (PES) said that the legal solution proposed by the Ministry of Justice "envisages actions, not words."
Independent MP Dragan Bojović said that "the state must be a common good."
Boris Bogdanović, a member of parliament from the Democratic Montenegro party, said that this law is "against those who imagined that they had bought Montenegro, its institutions, and the judiciary."
Velimir Đoković, a New Serbian Democracy (NSD) MP, announced that previously one could see officials whose lifestyles did not match their income.
"What the NSD is doing is seeking law and justice. We will support this proposal," he said.
Democratic Party of Socialists (DPS) MP Ivan Vuković said that Montenegro changes its Constitution three times in a month, and the United States of America (USA) changes it 17 times in 250 years.
Branka Marković, MP for the Europe Now Movement (PES), said that this Bill on the Confiscation of Proceeds of Crime is a response to some phenomena from the period of the previous government, when officials owned companies and wealth.
Vladislav Bojović, a member of parliament from the Democratic People's Party (DNP), announced that his party would support the law.
Danilo Jokić from United Montenegro (UCG) said that this law should not be viewed as just another law, but also asked why it took so long to be adopted.
Minister of Justice Bojan Božović (Europe Now Movement - PES) said that the Draft Law on the Confiscation of Property Gains Acquired through Criminal Activity represents an important step for European integration, but also for the "internal needs of Montenegro".
He said this at a session of the Parliament of Montenegro where MPs are discussing the bill.
"Let's take a hypothetical situation where a murder occurred in which six people participated. In organizing such an act, each person realized a material gain of 100.000 euros. There are two phases of the procedure - whether that group committed the murder and whether they acquired the property illegally. If a person proves that they were not the direct perpetrator of the murder, but cannot prove how they acquired the 100.000, they do not get it back, but a new procedure is conducted regarding that money," he explained.
Europe Now Movement (PES) MP Jelena Nedović stated that the people expect justice and the passage of this law.
"You couldn't build a villa from your salary," she pointed out.
Democratic Party of Socialists (DPS) MP Oskar Huter asked Nedović "does he think that (current Prime Minister and PES leader Milojko) Spajić, as a Serbian citizen and Serbian military reservist, could have been the Minister of Finance"?
"Without any political admixture - does the law apply equally to Spajić as to other citizens. When we talk about wealth - is the wealth that Spajić has proportional to the number of working days he has in Montenegro," he said.
Nedović responded that Spajić entered politics with capital.
"We all know when we see the prime minister's CV where he worked, in which countries and in which positions. Certainly for a salary of more than 10.000 euros. For this salary he is working for now, I believe it is less than the one he had. I know that in 2020 he returned as a person who wants to help this country," she said, adding that she "believes that the prime minister cannot be the subject of an investigation prescribed by this law."
As she said, let the court's ruling in favor of Spajić be the answer to the question of citizenship.
Ivan Vuković, a DPS MP, said that the Speaker of the Parliament Andrija Mandić (New Serbian Democracy - NSD) is the only state official in Europe who has "said goodbye to war criminal Ratko Mladić."
He said that "the basic model is the civil model of asset confiscation."
"When the law comes into force, it will be possible to seize property regardless of whether the court is able to prove that you are the perpetrator of the crime," he said.
Vuković pointed out that the Constitution states that no one can be deprived of the right to property, except in the public interest, but also that this solution turns the presumption of innocence into a "presumption of guilt."
The DPS MP added that in the case of the Krstović family, their property would also be confiscated, even though they later proved that they were not guilty.
Božović responded that they were not only harmonizing with the 2014 directive, but also with those from 2018 and 2024.
He said that in the case of the Krstović family, that would not be the case.
"That case would not fall under permanent confiscation of property. Not all property would be confiscated, only that which is proven to be the fruit of illegal activity. I am not afraid that it will be such a deadly tool, that there will be abuse. There remain numerous courts, numerous instances that can examine whether that property was acquired through criminal activity. People are rightly asking whether it relates to any apartment, any property, any shares. No, specifically and exclusively where a clear financial investigation is being conducted," he said.
He added that he has no illusions that someone will abuse this law, like others, and that the state will pay compensation, but that the system cannot do without it, because no system is perfect.
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