Strengthening Magistrates Associations
In the South East Europe
Managerial Development, Participation
In Decision-Making and Cooperation
26-28 October, Bucharest
MONTENEGRO Association of Prosecutors
– presentation –
affiliate link traceMens Flynit Trainers
According to the Constitution of Montenegro, the State Prosecutor's Office is unique and independent body which performs the prosecution of perpetrators of crimes. The independence of the State Prosecutor's Office provides Prosecutor's Councile whose majority consist State Prosecutors, who have jurisdiction for the appointment of Deputy State Prosecutors, while as Supreme State Prosecutors is appointed by the Parlament.
Constitutional quarantees of independence on prosecution of offesders is featured in the prosecutos immunity that can not be held responsible for the decision made in exercise of the functions unless it is a criminal offense.
Independences and impartiality of prosecutors is reflected in the incompatibility of functions with other functions and duties.
State Prosecutor's Office is an organ of the judiciary. According to the system of division of powers into legislative, executive and judical, Government and State Administration have not function of external control of the work of prosecutors. Inly the Ministry of Justice carries out administrative supervision of the investigating authorities and ruling on comlaints and petitions.
State Prosecutor's Office is arrenged on the principles of external and internal unity and indivisibility. External unity is expressed in a vertical relationship of Prosecutor's Office. Unity and indivisibility ofauthority is raised to the highest level since the Supere State Prosecutor is responsible for the performance of the State Prosecutor's Office. Based on these principles is made the principle of external and internal hierarchy. External hierarchy is reflected in the supermacy of senior prosecutors in relation to the lower, and internal as supermacy of Head of the Proesecutor's Office in relation to the Deputies.
Relationship and cooperation of the State Prosecutor's Office is reguled by the State prosecution process and organizational law. According to the Criminal Code Procedure, state Prosecutor manages the work of other authorities in the detection of criminal acts and directs their work. According to the Stete Prosecution Law, prosecutors is authorized to requested from courts and other State Agencies documents, information and notices requred to download actions from his responsibilites. Other bodies have a duty and responsibility to act upon the request of State Prosecutor.
State Prosecutor's Office of Montenegro works closely with prosecutors in other countries in the filed of international agreements and memorandum of understanding concluded with the Balkan countries anda other countries.
Association of State prosecutors of Montenegro is member of the Consultative Council of European Prosecutors and Prosecutors of the International Association and these cooperation is very important. Recommendations and advice of Consultative Council of European Prosecutors significantly contribute to the harmonization of law and practices of each country individually.
Montenegro on its way to full membership in the EU, is fullfilling reccomendations of EU Commission, and when is about organisation, position and jurisdiction of the State Prosecutor's Office. On this basics are improving its inter legal order towards the best European standards.
Following experiences of the developed countries and abiding by the determined reccomendations, drafted amendment on the Constitution of the Montenegro it is predicted forward improvment of the independence of the State prosecutor's Office in the way of expanding jurisdiction of the Prosecutors Councile and securing the State qurantees of the compositions of the Prosecutors Councile. In the jurisdiction of the Prosecutors Councileis predicted appointment and resolution of every State prosecutors.
Inproving regional and international cooperation of state Prosecutor's office of Montenegro eith Prosecutor's office of the other countries and international associations, we asses as important precondition of achieving its basic function especialy in the area of organized crime and combating organized groups in the international proportions.