South Korean citizen Do Kwon will leave the prison in Spuz today, but his travel documents will be confiscated so that he will not be able to leave Montenegro.
This was confirmed to Vijesti from the Podgorica High Court, by whose order we will temporarily confiscate a valid passport, after he served a four-month sentence for falsifying personal documents.
Earlier yesterday, the Council of the Supreme Court passed a decision on postponing the extradition of the "cryptocurrency king" to South Korea, pending a decision on the request submitted by the Supreme State Prosecutor's Office for the protection of legality.
The Supreme Court explained that it was decided on the proposal of the VDT from March 6 and the decision of the Court of Appeal from March 20, submitted with the request for protection of legality.
"... It passed a decision that determined the postponement of the above-mentioned decisions on the extradition of the defendant Kwon Do Hyeong to the Republic of South Korea, and at the request of the Ministry of Justice of the Republic of South Korea, from March 24, 2023, until the decision on the submitted request for the protection of legality ", it is written in the announcement of the Supreme Court.
They announced that after the decision, they will also inform the Ministry of Justice, which is now obliged to inform the state that requested the extradition.
In the request of the VDT, it is stated that the lower courts found that the legal prerequisites for the extradition of Do Kwon to South Korea were met, as well as that the defendant gave his consent for the extradition to be carried out in a simplified procedure...
It says that the quoted decisions "violated the law and that this violation is reflected in the fact that extradition in abbreviated procedure is applied only in those cases of extradition when a single application has been submitted"...
In the request for the protection of the legality of the VDT, of which he is the head Milorad Marković, it also states that in other situations, when there are two or more requests for extradition, there is no room to apply the shortened extradition procedure, but the regular extradition procedure is applied.
"When the court decides on each request for extradition in terms of the fulfillment of the legal conditions for extradition, after which the Minister of Justice... decides on the permission for extradition", it is stated in the request of the VDT.
Council composed of female judges Milenke Seka Žižić as council presidents and judges Ana Vuković, Zoran Šćepanović, Vesne Vučković i Seke Piletić, as members of the council, issued a decision in accordance with the provision of Article 440 paragraph 4 of the Code of Criminal Procedure, stating that in this case the courts have taken over the jurisdiction of the Minister of Justice.
In the explanation, it is stated that the court exceeded the powers that belong to it under the Law on International Legal Assistance in Criminal Matters and took over the powers that are under the competence of the Minister of Justice...
The request for the protection of legality was also raised because the Court of Appeal did not hear the state prosecutor in the Supreme State Prosecutor's Office in the appeal procedure contrary to the provisions of the Law on International Legal Assistance in Criminal Matters and the Law on the State Prosecutor's Office, which stipulates that only the Supreme State Prosecutor's Office acts before the Appellate Court. by the court, which violated the provisions of the criminal procedure, and which had an impact on the adoption of a legal court decision.
The Supreme State Prosecutor's Office proposed to the Supreme Court to determine that the request for the protection of legality was founded and to issue a verdict that would change the court's decision.
The day before yesterday, the Court of Appeal rejected the appeal of Do Kwon's defense attorneys and confirmed the decision of the High Court in Podgorica from March 6.
The first-instance decision of the High Court allowed the summary extradition of Do Kwon, for the purpose of criminal prosecution for several criminal offenses at the request of South Korea, while the summary extradition was refused at the request of the USA.
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