MONTENEGRIN PARLIAMENT ADOPTED YESTERDAY THE CRIMINAL CODE, CRIMINAL PROCEDURE LAW, STATE PROSECUTOR LAW AND LAW ON CHANGES AND AMENDMENTS TO THE LAW ON EXECUTION OF CRIMINAL SANCTIONS

Deputies of the Assembly of the Republic of Montenegro adopted yesterday the Criminal Code, Criminal Procedure Law, State Prosecutor Law and the Law on Changes and Amendments to the Law on Execution of Criminal Sanctions. On the occasion of adoption of the Criminal Code, the Montenegrin Minister of Justice Zeljko Sturanovic said that it was for the first time after some 97 years that Montenegro itself would be able to regulate this domain. Sturanovic emphasizes further that, according to the Council of Europes opinion, we have here a modern code that is expected to be easily enforceable. The Criminal Code regulates in a very comprehensive manner the matter of the criminal law, with the exception of just a minor number of criminal offences that still remain within the criminal provisions of some other laws governed by which are other domains. One of the features of this new Criminal Code are the novelties within the domain of penal sanctions. These are not aimed at introducing new sanctions, but rather at new modes of prescribing punishments for specific criminal offences. The new Code envisages such solutions satisfied by which is the need for lowering the percentage of suspended sentences and enlarging that of fines. Penalty of imprisonment in duration of 30 years is envisaged as the most severe penalty, what represents a milder penalty in comparison to the solution offered by the former law by which the death penalty has been replaced by a 40-year imprisonment sentence. The maximum imprisonment penalty, as envisaged by the present law, shall be 30 years. However, we are now offered the possibility to assess and pronounce sentences ranging even between 15 and 30 years, what means much larger possibilities for the courts of law when assessing penalties. The Criminal Code shall come into effect on the eighth day after having been published in the Official Gazette of the Republic of Montenegro, whereas its implementation is to commence upon expiration of three months of the day of its coming into effect.
Montenegrin Parliament unanimously adopted yesterday the Criminal Procedure Law. It is this new law that establishes a special procedure for the prevention of organized crime that, to a certain extent, varies from the solutions of an ordinary criminal procedure, as experiences teach us that ordinary means of procedure are largely insufficient to be able to combat this form of crime. These differences concern specifically evidences and the manner of collection of evidences using up-to-date means and methods such as recording of telephone conversations and other communications, fictive purchases of things and persons, use of witnesses-collaborators etc. Delicacy of such methods and danger to be abused to the detriment of the fundamental human rights and freedoms is avoided by the establishment of specific supervisory mechanisms. Thus, for example, powers of the police shall be always under the supervision of the courts of law, regarding the fact that in the sphere of human rights and its restrictions the police is not allowed to be vested any original powers. The Criminal Procedure Law is expected to come into effect three months upon its publication in the Official Gazette of the Republic of Montenegro.
It is by the Law on Changes and Amendments to the Law on Execution of Criminal Sanctions also unanimously adopted yesterday in the Montenegrin Parliament, that as stated by the Minister of Justice Zeljko Sturanovic this domain has been thus completely harmonized with the existing European standards.
Adopted by the Parliament yesterday was also the State Prosecutor Law. What this new law governs is the manner of establishment, organization and competencies of the state prosecutor, whereas its implementation is expected to provide for a more efficient and effective work and upgrading of overall activities of the state prosecutor. The office of the state prosecutor shall be performed by the supreme, superior and basic state prosecutors. The Assembly of the Republic of Montenegro shall be in charge of appointment and dismissal of the state prosecutor and his deputies. An important novelty introduced by this new law is the institution of a special prosecutor for prevention of organized crime. It is envisaged that a department for prevention of organized crime be established within the supreme state prosecutors office. This new body shall be headed by a special prosecutor for the prevention of organized crime. One of the novelties is also the establishment of a prosecutorial council to encompass ten members and to be in charge, inter alia, of making proposals for appointment and dismissal of the state prosecutor and his deputies, as well as the conduct of procedure for ascertaining their disciplinary liability. The State Prosecutor Law is to come into effect on the eight day of its publication in the Official Gazette of the Republic of Montenegro.