Clear and objective system of liability has not been established in the judiciary. Violation of laws by prosecutors and judges is tolerated in practice.
Omissions of prosecutors and judges in favour of the defendants for serious crimes remain with impunity.
In order to improve the legal framework, MANS submitted an initiative for amendments to the Criminal Code to impose new criminal offenses in the area of illicit enrichment of public officials, public procurement, privatization and bankruptcy. We also submitted an initiative to the Supreme Court of Montenegro to assume the principle legal position and establish binding guidelines for the courts when deciding in cases on the plea agreement.
Courts, the State Prosecutor’s Office and the Prosecutorial Council conceal a range of information from their scope of work, thus preventing the public from seeing and publicly checking the lawful conduct.
MANS submitted an initiative to the Constitutional Court of Montenegro for reviewing the constitutionality and legality of the Rulebook on the Anonymization of Data in Court Decisions. Pursuant to this Rulebook, numerous data from the verdicts are deleted before their publication, and important information on public officials who have been legally convicted of corruption in public trials is hidden from the public.
Complete report download HERE (PDF)