The latest statements of Svetozar Marovic, in which he comments his own guilt, as well as his hearing before the court, where he has been warned that such statements may cause the prosecutor to terminate the agreement on confession of judgment, is another degradation of the Montenegrin judiciary, which shows that there is no will at all to suppress the grand corruption.
While considering the agreement on confession of judgment, the judge needs to define whether the accused has consciously, volitionally and fully confessed all the acts stated in the indictment. Therefore, it is against the law and almost absurd if the judge warns the accused not to make any statement which would confirm that his confession does not fulfil legally defined conditions in order to be grounds for a judgment.
We would like to remind that Svetozar Marovic has publicly stated that the confession was made out of the fear for his children, his relatives and the family, which shows that the confession was not given volitionally and freely. Also, Marovic has stated that he unconsciously and unintentionally became the head of a criminal organization and committed malfeasance in office, which is legally and practically impossible and which proves that his confession is not complete.
Therefore, the statements made by Marovic are a reason for the court to question and hear Marovic with regard to such circumstances and reject the agreement with the prosecution, while they are not a reason for the court to warn Marovic not to make statements that could jeopardize the confession of judgment. Such illegal acts of the court encourage doubts that the agreement is nothing more but an illegal deal between Marovic, the prosecution and the court and those persons that Marovic fears and confesses he is the head of a criminal organization.
Moreover, a large number of Marovic’s statements confirm that he was in a constant fear for himself, his family, but he also unintentionally became the head of a criminal organization and abused his power. Those criminal acts can be done only with premeditation, in such mental state that the accused is aware of his acts and whether he will accept consequences. Also, Marovic clearly stated that the he had confessed the criminal acts from fear, what indicates that such a confession is not free and volitional, which is a prerequisite for the confession of judgment.
That is why we urge once more the court to act in accordance with the law and reject the agreements the prosecution made with Marovic, as his confession does not meet elementary legal requirements to be grounds for the judgment. We also urge the prosecution to finally initiate financial investigation and inform the public of the whereabouts of the millions that Marovic and his family allegedly acquired by committing offences.
Once more, we warn that, in case the court accepts this kind of agreements with Marovic, and if the prosecution does not end the financial investigation in the Marovic case and submit the request for the permanent appropriation the property, it will mean that this was also a part of the agreement of Marovic, prosecutors and court with those that Marovic is afraid of.
MANS
