In a month and a half, Montenegro introduced 92 measures to prevent the spread of the coronavirus, the violation of which entails a fine or imprisonment for up to a year. So far, more than a thousand citizens have been arrested and prosecuted. However, while some were ordered to be detained after their arrest, in some cases a measure of prohibition to leave the apartment or protection from freedom was determined.
"I believe that the courts that have such authority and ex officio in these circumstances should resort before imposing alternative measures, such as the measure of prohibition to leave the apartment, which also represents a form of restriction of freedom, but more appropriate in these circumstances than the measure of detention," she said. is lawyer Marija Radulović.
In less than a month, several dozen court verdicts were handed down due to the violation of these measures.
The first sentence that was pronounced was for violating the ban on intercity traffic and driving more than two people in a car, when the defendant was sentenced to one month in prison before the Rožaj Basic Court. After that, there were also penalties of up to two months in prison, but mostly fines, from one thousand to several thousand euros. Priest Siniša Smiljić paid the most, for driving from Ulcinj to Podgorica, four and a half thousand euros, as well as six persons of security interest from Budva, from three to four and a half thousand, for gathering in a closed restaurant. However, due to different court practice, the basic courts did not turn to the highest judicial instance in the country - the Supreme Court.
As told to Vijesti television from the Judicial Council, so far there have been no complaints or addresses related to the actions of the courts in relation to these cases.
The largest basic court in the country, Podgorica, ordered detention against 15 defendants from the introduction of the measures until April 46, and adopted 21 plea agreements.
"The defendants, who admitted their guilt, negotiated with the state prosecutors either high fines or prison terms in residential premises, with the payment of several hundred and even thousands of euros in favor of a humanitarian organization, fund or public institution, as a precondition for acceptance plea agreement," said the Basic Court in Podgorica.
The role of the court in controlling the concluded agreement between the plaintiff and the defendant is not small, so the bar warns.
"Even though the courts in such cases do not measure the punishment as they would after the conducted adversarial proceedings, in these cases it must be taken into account whether the concluded agreement is in accordance with the interests of fairness and whether the imposed sanction is appropriate," said Radulović.
In addition, 27 indictments against 52 defendants were filed before the Podgorica court, and criminal proceedings are ongoing in those cases.
In the meantime, the police conduct daily tours of closed catering establishments, as well as other public areas. Citizens who report those who violate some of the numerous measures often help her in prosecuting unscrupulous individuals.
"In the fight against the corona virus, in some cases, responsible citizens also contribute by calling the on-call service to report persons who do not follow the orders of the Ministry of Health. The police acted on the reports and checked the allegations from them, and took legal action," said is from the Police Directorate.
Acting Supreme State Prosecutor Ivica Stanković ordered to review the decision of the Pljeval prosecutor's office, which assessed that there was no violation of regulations after several people were found with a rifle in the area of the Durmitor National Park, but no violation of the ban on intercity traffic. Radulović believes that he would have to do the same in the case of the President of the DPS Municipal Board in Danilovgrad, Vukota Stanišić, who was found in a closed cafe, but the Podgorica Prosecutor's Office assessed that there was no doubt that a criminal offense had been committed.
"Precisely because of the allegations of selectivity in the actions of the prosecution and the attention that this case caused among the public, such a request from the VDT had to be highlighted in the case of Mr. Stanišić," Radulović added.
And the Council of Europe warned member countries, including Montenegro, that strict criminal penalties are not appropriate even for a state of emergency such as a pandemic.
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