Supreme Court presents Guidelines for compensation to victims

The Head of the Council of Europe (CoE) Programme Office in Podgorica, Lejla Dervišagić, recalled that the Guidelines are being presented at a time when Montenegro is finalizing the development of its first Strategy for the Protection of Victims' Rights.

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Photo: Supreme Court
Photo: Supreme Court
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The guidelines for improving judicial practice in compensation procedures for victims of human trafficking and other criminal offenses represent a significant step forward towards strengthening the position of victims in criminal proceedings, it was assessed at the presentation of the document.

The Supreme Court presented this document, which, as announced by the court, is intended for judges, prosecutors and other participants in criminal proceedings, with the aim of improving the proceedings in cases in which victims exercise their right to compensation for damage.

Supreme Court President Valentina Pavličić said that the guidelines are an important step towards harmonizing case law and strengthening the protection of the rights of victims of criminal offenses, in order to ensure effective, timely and fair compensation for damage within the framework of criminal proceedings, in accordance with domestic legislation and international standards.

Supreme State Prosecutor Milorad Marković emphasized that the value of these Guidelines is reflected in the fact that they encourage cooperation and coordinated action of all criminal procedure authorities, with full respect for legal jurisdiction and the common goal - efficient and fair protection of victims' rights.

The Head of the Council of Europe (CoE) Programme Office in Podgorica, Lejla Dervišagić, recalled that the Guidelines are being presented at a time when Montenegro is finalizing the development of its first Strategy for the Protection of Victims' Rights.

"Which will represent an umbrella document for establishing a clear and comprehensive system for protecting the rights of all victims of crime, thus confirming the joint commitment of relevant stakeholders to creating an environment in which victims feel protected and can fully exercise their rights," Dervišagić stated.

Regional Specialist and Acting Head of the United Nations Office on Drugs and Crime (UNODC) in Belgrade, Marko Milićević, said that the Guidelines represent a significant step forward towards strengthening the position of victims in criminal proceedings, especially in cases of human trafficking and other serious forms of crime.

"In practice, the right to compensation for damages often remains the weakest link in the victim protection system. This document contributes to translating this right from a normative framework into a truly enforceable right," said Milićević.

The Supreme Court stated that the Guidelines, with special emphasis on their practical application in court and prosecutorial proceedings, were presented by SE consultant Miloš Vukčević, speaking about the objectives of the document, its significance and challenges in practice.

In particular, they said, they pointed out the need to harmonize court practice, strengthen the position of victims in criminal proceedings, and more efficiently realize their property rights.

"Members of the working group also participated in the presentation of the Guidelines, who spoke about the methodology of work, analysis of domestic and international practice, as well as the recommendations they offer to judges and prosecutors in order to improve the protection of victims' rights," the statement said.

It is stated that a special segment was dedicated to the experiences of countries in the region and European Union (EU) member states in the area of ​​exercising the right to compensation for victims of human trafficking and other crimes.

"The practice of courts and prosecutors' offices in Serbia in the area of ​​compensation for victims of criminal offenses was discussed by Supreme Court judge Svetlana Tomić Jokić, former Supreme Court of Cassation judge Ljubica Milutinović, public prosecutor of the Supreme Public Prosecutor's Office Tamara Mirović, and chief public prosecutor of the Appellate Public Prosecutor's Office in Novi Sad Tatjana Lagumdžija," the statement said.

The guidelines were developed at the initiative of the Supreme Court, in cooperation with the Supreme State Prosecutor's Office and the Bar Association, with the expert and financial support of the joint EU and CoE program called "Horizontal Facility for the Western Balkans and Turkey" and the United Nations Office on Drugs and Crime.

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