Last year, 101 community service sentences were imposed, while house arrest was imposed in 330 cases - data from the report on the work and situation in the administrative areas of the Ministry of Justice for 2024.
The document also states that during the past year, a total of 33 complaints were received about the actions of courts and five complaints about the actions of state prosecutors' offices, and they were forwarded to the Judicial Council and the Prosecutorial Council.
In addition, nine complaints were filed against the work of notaries and 21 complaints against the work of public bailiffs.
The Ministry of Justice stated that during the past year, a total of 103 inspections were carried out at ten basic courts, the High Court in Bijelo Polje, the High Court in Podgorica, the Supreme Court, the Court of Appeal, the Commercial Court, the High Court for Minor Offences of Montenegro, the Minor Offences Court in Bijelo Polje and 10 minor offence departments, at eight basic state prosecutor's offices, at the High State Prosecutor's Office in Bijelo Polje and the High State Prosecutor's Office in Podgorica, the Special State Prosecutor's Office and the Supreme State Prosecutor's Office, as well as at the Chamber of Notaries, at 38 notaries, at the Chamber of Public Bailiffs and 16 public bailiffs.
During inspections of court administrations, irregularities were identified, such as failure to record the suspended sentences book and the book of confiscated items in the Department for Minor Offenses in Žabljak, and that many courts only keep electronic records without registers. As the document states, it was indicated that all deficiencies be eliminated, and court administrations acted accordingly.
When it comes to prosecutorial administrations, in one Basic State Prosecutor's Office it was noticed that the register was not closed in accordance with the Rulebook, which was pointed out and the same deficiency was eliminated during supervision in the presence of judicial inspectors.
Two public bailiffs and two notaries were inspected, and three irregularities were observed.
These inspections determined that at one notary's office, the controlled contracts, or preliminary contracts, for the sale of real estate whose value exceeds 15.000 euros were not submitted to the Police Directorate, Intelligence Sector, and that notary eliminated the observed deficiency.
Prison in Mojkovac unjustified...
The Ministry of Justice report also states that the initial estimated cost of building the prison in Mojkovac was 15 million euros, and now that amount has almost doubled, amounting to 38,5 million, and that price does not include additional costs for expropriation for the construction of the access road.
“Considering the fact that the fight against organized crime represents a significant challenge for the Montenegrin judiciary and the government, that on 18. 12. 2024, a total of 1176 persons were staying in the Administration for the Execution of Criminal Sanctions, of which 642 were detained persons, the question of the justification for the implementation of the aforementioned project, whose accommodation capacities are for 200 persons deprived of their liberty and 120 employees, which is a disproportionately small number compared to the total prison population in Montenegro, arises. The distance of Mojkovac from 34 judicial institutions, the security aspect, the distance from the main road, the configuration of the terrain, the location for the construction of the prison is located in the immediate vicinity of the Tara River, which requires work in the riverbed itself and the construction of a water barrier to raise the level of the bank and prevent flooding of the facility, as well as other “side projects” that greatly affect the increase in the value of the prison construction. The question also arises of providing professional staff for the tasks required by such a complex, considering the enormous problems and challenges that the Administration for the Execution of Criminal Sanctions faces. execution of criminal sanctions is encountered in both Spuž and Bijelo Polje. When building new prisons, expected changes in the prison population should be taken into account, and it is necessary to build facilities that can easily change the purpose/type of the population of persons deprived of their liberty and whose construction would sufficiently solve the problem of accommodation capacities in the prison system," the report states.
The text states that the construction of a Special Health Institution for the implementation of security measures, mandatory psychiatric treatment and custody in a health institution, mandatory treatment of drug addicts and alcoholics, as well as the treatment of convicted and detained persons with acute mental illness, registration offices, a multifunctional facility intended for religious, cultural, sports and recreational activities of persons deprived of their liberty and a facility for an open-type prison within the UIKS complex in Spuž is on the single list of priority infrastructure projects from 2019.
"570 working days have been completed, which is 80 percent of the contracted working period, and 150 days remain, which is 20 percent of the contracted working period. The physical progress of the works is 80 percent on the open prison building, 60 percent on the special health institution building, 22 percent on the multifunctional building and 5 percent on the reception area. According to an optimistic projection that takes into account the physical progress of all buildings, it can be said that the total physical progress is 55 percent. The reason for the limited overall progress is the inability to carry out the works due to high-voltage power lines passing above three of the four buildings under construction. It is expected that this problem will soon be overcome and that the works will continue at an accelerated pace," the Ministry of Justice report states.
61 restraining orders issued
In 61 cases, a security measure of restraining order was imposed, the document states.
"In accordance with the Criminal Procedure Code, 46 cases were processed upon requests for compensation for damage due to unfounded deprivation of liberty. Two full agreements were concluded on the existence of damage, type and amount of compensation for unfounded deprivation of liberty. In accordance with the Law on the Execution of Prison Sentences, Fines and Security Measures, the Ministry of Justice decided on eight cases upon requests for the suspension of the execution of prison sentences. In one case, the request was accepted, in five cases the request was rejected, while in two cases the procedure was suspended," the report of the Ministry of Justice states.
It also states that during the past year, the Directorate for the Execution of Criminal Sanctions and Control processed 54 pardon applications, of which three were rejected, and in two cases the procedure was suspended in accordance with the Law on Pardon.
"27 certificates were issued from the Criminal Records Registry for natural persons, 113 certificates were issued from the Registry for minors, and 221 certificates were issued from the Registry for legal entities," the report states.
It also states that decisions on legal rehabilitation were issued for 132 requests, while 142 requests for decisions on rehabilitation were forwarded to the competent courts for processing.
SDT Raster
The report recalls that on May 29, 2024, the Government adopted the Proposal for a Law on Amendments to the Law on the Special State Prosecutor's Office, which aims to overcome problems in the practical application of the existing legal solution due to the broad jurisdiction of the Special State Prosecutor's Office, which results in a heavy burden on this body.
"Taking into account the actual human resources capacities of the SDT and the complexity of the cases under their jurisdiction, the adopted amendment stipulates the jurisdiction of the SDT over corruption crimes committed by high-ranking public officials. This ensures that the burden on this prosecutor's office, as well as the Special Department of the High Court and the Special Police Department, is relieved from handling corruption cases not committed by high-ranking public officials," the report states.
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