EUROPEAN COMMISSION FOR DEMOCRACY
THROUGH LAW
(VENICE COMMISSION)
LAW
on the state prosecutor
OF MONTENEGRO
REPUBLIC OF MONTENEGRO
LAW ON STATE PROSECUTOR
(Official Gazette of
the Republic
of Montenegro,
no. 69/2003)
I GENERAL PROVISIONS
Subject matter of the Law
Article 1
The
present Law shall regulate establishment, organisation, jurisdiction and other
issues of significance for the work of the State Prosecutor, as well as issues
of significance for the work of the Special Prosecutor for Suppression of
Organised Crime.
Constitutionality
and Legality
Article
2
The
State Prosecutor shall be autonomous and independent in his/her work and shall
exercise his/her office on the basis of the Constitution, laws and ratified
international treaties.
Autonomy and Independence
Article
3
The
State Prosecutor must not exercise his/her office under anybody’s influence and
nobody shall influence the State Prosecutor in the exercise of his/her office,
except in cases provided for by the present Law.
State Prosecutor
Article 4
The Chief State Prosecutor, High State Prosecutor
and Basic State Prosecutor (hereinafter referred to as: the State Prosecutor)
shall exercise the State Prosecutor office.
The
Special Prosecutor shall exercise certain duties from the realm of the State
Prosecutor, in accordance with the law.
Deputy
Article 5
The
State Prosecutor shall have a Deputy.
The
Deputy State Prosecutor (hereinafter referred to as: the Deputy) shall be
entitled to perform all acts during the proceedings before the court or other
state authority that the State Prosecutor he/she is Deputy of is entitled to
perform under the law.
The
Deputy shall also perform other acts in accordance with the present Law and
instructions rendered by the State Prosecutor he/she is Deputy of.
Impartiality
and Objectiveness
Article
6
The
State Prosecutor shall exercise his/her office in the public interest in order
to ensure the application of law, whereby the respect for and protection of
human rights and freedoms must be guaranteed.
The
State Prosecutor must exercise his/her office in an impartial and objective
manner.
Code
of Ethics
Article
7
The State Prosecutor
and the Deputy shall abide by the Code of Ethics of Prosecutors in exercise of
their office.
The
Prosecution Council, upon prior opinion of State Prosecutors and Deputies,
shall pass the Code of Ethics of Prosecutors.
Publicity
Article
8
The work of the State Prosecutor
shall be open to public, unless otherwise provided by the law.
Professional
skills development
Article 9
The
State Prosecutor and the Deputy shall have the right and duty to develop their
professional skills in order to exercise their office more successfully.
Funding
Article 10
The
Republic
of Montenegro
shall provide funding and working conditions for the State Prosecutor.
Wages
Article 11
The
State Prosecutor and the Deputy shall have the right to wages and other
entitlements, in accordance with the law
Professional Association
Article 12
The
State Prosecutors and the Deputies shall have the right to professional
association.
II ESTABLISHMENT AND
JURISDICTION
1.
Establishment
State
Prosecutor
Article
13
The
Chief State Prosecutor shall be established for the territory of the Republic of Montenegro, with the seat in
Podgorica.
The
High State Prosecutor shall be established for the territory of the High Court
and the Commercial Court.
The
Basic State Prosecutor shall be established for the territory of one or more
Basic Courts.
Chief
State Prosecutor
Article 14
The
Chief State Prosecutor shall proceed before the Supreme Court of the Republic of Montenegro, Appellate Court of
the Republic
of Montenegro
and Administrative Court of the Republic of Montenegro, other courts and
other state authorities, in accordance with the law.
The
Chief State Prosecutor shall, in accordance with the law, file a petition for
protection of legality.
The
Chief State Prosecutor shall also exercise other duties, which are not defined
as falling within the competence of the High State Prosecutor and the Basic
State Prosecutor.
High State Prosecutor
Article
15
High State Prosecutors are
established as:
1)
The High State Prosecutor in Bijelo Polje, to
proceed before the High Court of Bijelo Polje and the Commercial Court of
Bijelo Polje.
2)
The High State Prosecutor in Podgorica, to
prooceed before the High Court of Podgorica and the Commercial Court of
Podgorica.
The
High State Prosecutor shall have jurisdiction to proceed in criminal matters
before High Courts, and in matters of commercial offences before Commercial
Courts.
Basic State Prosecutor
Article
16
Basic State Prosecutors are
established as:
1)
The Basic State Prosecutor in Bar, for the
territory of the Basic Court of Bar;
2)
The Basic State Prosecutor in Berane, for the
territory of the Basic Court of Berane;
3)
The Basic State Prosecutor in Bijelo Polje,
for the territory of the Basic Court of Bijelo Polje;
4)
The Basic State Prosecutor in Kolasin, for
the territory of the Basic Court of Kolasin;
5)
The Basic State Prosecutor in Kotor, for the
territory of the Basic Court of Kotor;
6)
The Basic State Prosecutor in Niksic, for the
territory of the Basic Court of Niksic;
7)
The Basic State Prosecutor in Plav, for the
territory of the Basic Court of Plav;
8)
The Basic State Prosecutor in Pljevlja, for
the territory of the Basic Court of Pljevlja and the Basic Court of Zabljak;
9)
The Basic State Prosecutor in Podgorica, for
the territory of the Basic Court of Podgorica and the Basic Court of
Danilovgrad;
10) The
Basic State Prosecutor in Rozaje, for the territory of the Basic Court of
Rozaje;
11) The
Basic State Prosecutor in Ulcinj, for the territory of the Basic Court of
Ulcinj;
12) The
Basic State Prosecutor in Herceg Novi, for the territory of the Basic Court of
Herceg Novi;
13) The
Basic State Prosecutor in Cetinje for the territory of the Basic Court of
Cetinje.
The
Basic State Prosecutor shall also proceed before the
authorities in charge of petty offences and other state authorities from within
his/her district.
The
Basic State Prosecutor shall be authorised to carry out all actions falling
within his/her competence before the court which has subject matter and
territorial jurisdiction and before authorities in charge of petty offences or
other state authorities, except for those actions which fall within the
exclusive competence of the Chief i.e.
High State Prosecutor and actions undertaken by them.
In
danger of postponement of an action, the Basic State Prosecutor shall also
undertake actions for which he/she does not have the subject matter and
territorial jurisdiction for, but shall immediately inform the competent State
Prosecutor thereof.
2.
Jurisdiction
General Jurisdiction
Article
17
The
State Prosecutor shall perform tasks of prosecution of perpetrators of criminal
offences and other offences punishable by law, apply legal remedies for the
purpose of protection of constitutionality and legality, represent the Republic
in property law transactions and perform other affairs as prescribed by law.
Subject Matter and Territorial Jurisdiction
Article 18
The
State Prosecutor shall proceed within the limits of
his/her subject matter and territorial jurisdiction, unless otherwise provided
by the law.
Authority to undertake measures
Article
19
In
order to perform the function of prosecution of perpetrators of criminal
offences and other offences punishable by law, the State Prosecutor shall have
the authority to determine and undertake measures requisite for detection of
criminal and other offences punishable by law and their perpetrators, in
co-operation with competent authorities.
Representation
Article
20
With
respect to property law transactions the Chief State Prosecutor shall represent
the Republic of Montenegro and its bodies, organisations and funds where the
State is majority owner, and which do not have the status of a legal person.
In
performing the function referred to in Paragraph 1 of this Article, the Chief
State Prosecutor shall have the status of legal counsel of the legal
person.
In
performing the function referred to in Paragraph 1 of this Article, the Chief
State Prosecutor may authorise the Basic State Prosecutor to perform certain
actions on his/her behalf before the court where he/she proceeds.
Settlement
of Disputes by Mutual Agreement
Article 21
The
Chief State Prosecutor may, before initiating a procedure, undertake necessary
measures in order to settle the dispute by mutual agreement, if so allowed by
the nature of the dispute.
The
Chief State Prosecutor may provide the entities whose property rights and
interests he/she is representing with the legal opinion on conclusion of
property law agreements and an opinion on other property law issues, when
required to do so.
Informing
the Government
Article
22
In
the event of property disputes of particular importance for the State or of
great property value, and regarding which the claim for litigation is to be
waived, claim of the opposing party accepted, settlement concluded or a legal
remedy withdrawn, the Chief State Prosecutor shall be obliged to inform the
Government of the Republic of Montenegro (hereinafter referred to as: the
Government) without delay and proceed in line with its decision.
Postponement
or interruption of enforcement of court decisions
Article
23
When
of the opinion that, due to violation of a law or an international treaty,
grounds exist to apply legal remedy against an enforceable court decision or a
decision passed in administrative or other proceeding, the State Prosecutor may
request to postpone, i.e. interrupt
enforcement of such decision.
The
State Prosecutor shall file the request for postponement i.e. interruption of enforcement referred to in Paragraph 1 of this
Article with the court or other authority having competence to execute the
order for enforcement.
Upon
request of the State Prosecutor the competent authority may postpone i.e. interrupt the enforcement until
passing of decision on the State Prosecutor’s legal remedy.
The
decision on postponement i.e. interruption of the enforcement shall cease to be
effective should the State Prosecutor fail to apply the legal remedy within 30
days from the day of receipt of such decision.
III CONDITIONS AND PROCEDURE
FOR APPOINTMENT OF THE STATE PROSECUTOR AND THE DEPUTY
1. General
and Special Conditions
General conditions
Article 24
A
person may be appointed as the State Prosecutor or the Deputy if he/she:
1)
is a citizen of the Republic of Montenegro;
2)
is in a generally healthy state and possesses
capacity to transact business;
3)
has the University Degree in Law and has
passed the Bar exam;
Special conditions
Article
25
A
person may be appointed the State Prosecutor or the Deputy if he/she, in
addition to the general conditions, possesses the following work experience in
the field of law:
-
for the Chief State Prosecutor and his/her Deputy – 15 years;
-
for the High State Prosecutor and his/her Deputy – 10
years;
-
for the Basic State Prosecutor and his/her Deputy – 5 years.
Appointment
Article
26
The
State Prosecutor and the Deputy shall be appointed and removed by the Assembly
of the Republic
of Montenegro
(hereinafter referred to as: the Assembly).
The
Prosecutors Council shall make the proposal for appointment, removal and
termination of office of the State Prosecutor and the Deputy, in accordance
with the procedure prescribed by the present Law.
Number of Deputies
Article
27
The
Prosecutors Council shall determine the number of Deputies at the proposal of
the Minister of Justice, and following the initiative of the Chief State
Prosecutor.
The
decision on the number of Deputies shall be published in the “Official Gazette
of the Republic
of Montenegro”.
Term of Office
Article
28
The
State Prosecutor and the Deputy shall be appointed for a term of office of five
years with the possibility of reappointment.
Functional Immunity
Article
29
The
State Prosecutor and the Deputy shall not be accountable for an opinion
expressed or a decision rendered in performance of their functions.
Incompatibility of Functions
Article
30
The
State Prosecutor and the Deputy may not hold a representative or other public
office, exercise other professional activity or be a member of bodies of
political parties.
The
limitation referred to in Paragraph 1 of this Article shall not pertain to any
scientific, educational and artistic occupation, as well as to activities
protected by the copyright.
2.
Appointment Procedure
Public announcement
Article
31
The
State Prosecutor and the Deputy shall be appointed on the basis of public
announcement.
The
Prosecutors Council shall announce vacancies for positions of the State
Prosecutor and Deputy.
The
announcement of vacancies shall be published in the “Official Gazette of the Republic of Montenegro” and in a daily
newspaper issued in the Republic of Montenegro.
Application Procedure
Article
32
The
candidates’ applications shall be submitted to the Prosecutors Council within
15 days of the date of announcement.
The
Prosecutors Council shall reject applications that are belated or incomplete.
The
applicant shall have the right to file a complaint with the Prosecutors Council
against its decision to dismiss the application that is belated or incomplete
within three days of receipt of the decision.
The
decision of the Prosecutors Council on the complaint shall be final and can not
be challenged in court.
Opinion on candidates’ professional and working qualities
Article 33
The
Prosecutors Council shall request an opinion on professional and working
qualities of all candidates from:
-
bodies, commercial companies and other legal
persons where candidates had exercised their legal profession;
-
the State Prosecutor the candidate is to be
appointed with;
-
the
Sate Prosecutor who is immediately superior.
Insight into the Opinion on Candidates’ professional and working
qualities
Article 34
Every
candidate shall have the right to have insight into the opinion made on his/her
professional and working qualities, as well as the opinion on professional and
working qualities of other candidates and to make his/her statement in writing
thereof to the Prosecutors Council within three days of having such an
insight.
Interview with Candidates
Article 35
The
Prosecutors Council shall organise an interview with all the candidates
applying for the position of the State Prosecutor or the Deputy.
Proposing the list of candidates for appointment
Article 36
The
Prosecutors Council shall propose the list of candidates for appointment of the
State Prosecutor or the Deputy at a session closed to the public.
The
Prosecutors Council shall submit to the Assembly a list of candidates for
appointment of the State Prosecutor or the Deputy together with an explanatory
note, which concerns as many candidates as are being appointed and contains
Basic particulars on all candidates having applied.
The
method of proposing the list of candidates for the appointment of the State
Prosecutor and the Deputy shall be regulated further by the Rules of Procedure
of the Prosecutors Council.
3. Taking
Office
Oath and taking Office
Article 37
The
State Prosecutor and the Deputy shall take office on the day he/she takes the
oath.
The
Chief State Prosecutor shall take the oath before the Assembly on the day of
the appointment.
The
High State Prosecutor, Basic State Prosecutor and Deputies shall take an oath
before the President of the Assembly or a person appointed by him/her, within
than 30 days from the day of the appointment.
The text of the Oath
Article 38
The
text of the oath shall be as follows:
“I
swear upon my honour that I shall exercise the prosecutorial office in
accordance with the Constitution and the law.”
The
oath shall be taken by stating and signing the text of the oath.
If
a State Prosecutor and a Deputy refuse to take the oath, it shall be deemed
that be they have desisted from the appointment.
IV DISCIPLINARY
RESPONSIBILITY
Disciplinary Responsibility
Article 39
The
State Prosecutor or the Deputy shall be subject to disciplinary proceedings if
he/she exercises his/her office in a negligent manner or if he/she harms the
reputation of the prosecutorial office.
Disciplinary Measures
Article 40
Disciplinary
measures shall comprise reprimand or salary reduction.
The
salary reduction, which shall not exceed 20%, may be imposed for no longer than
six months.
Grounds for disciplinary responsibility
Article 41
The
State Prosecutor or Deputy State Prosecutor shall be considered as exercising
negligently the prosecutorial office if he/she without justified reason:
-
does not take cases in the order they are
registered,
-
rejects to perform the tasks and duties
entrusted to him,
-
fails to appear or is late to scheduled
hearings or trials in to cases allocated to him or her,
-
in
other cases when the present Law prescribes that certain actions or omissions
amount to negligent performance of the
tasks.
The
State Prosecutor or Deputy State Prosecutor shall be considered as harming the
reputation of the prosecutorial office, particularly if :
-
he/she appears at work and comes into contact
with parties in a state that is not appropriate to the exercise of
prosecutorial office (under the influence of alcohol or narcotic drugs),
-
he/she behaves indecently at public places or
disturbs public peace and order by way he/she behaves,
-
behaves in an improper or insulting manner
towards individuals, state authorities or legal in persons in connection with
the exercise of his/her office,
Initiation of disciplinary proceedings
Article 42
A
proposal for establishment of the responsibility of a State Prosecutor or
Deputy State Prosecutor shall be submitted to the Prosecutors Council.
The
proposal referred to in Paragraph 1 of this Article may be submitted by: the
Minister of Justice for the Chief State Prosecutor, the Chief State Prosecutor,
High State Prosecutor and Basic State Prosecutor for their Deputies, the Chief
State Prosecutor for the High State Prosecutor and Basic State Prosecutor and
by the Higher State Prosecutor for the Basic State Prosecutor within 15 days as
of the day he/she learns of the reasons referred to in Article 41 of the
present Law and not later than 60 days of the day the reasons for establishment
of disciplinary responsibility emerge.
The
Prosecutors Council shall forward the proposal for the establishment of the responsibility
to the State Prosecutor or the Deputy State Prosecutor whose responsibility is
being examined along with the information that he/she has the right to engage a
defence counsel.
Dismissal of the Proposal
Article 43
The
Prosecutors Council shall dismiss the untimely proposal for the establishment
of the responsibility as well as the proposal submitted an unauthorised person.
Disciplinary Body
Article 44
The
proceedings for the establishment of the responsibility of the State Prosecutor
or Deputy State Prosecutor shall be conducted by the Disciplinary Committee of
the Prosecutors Council (hereinafter referred to as: the Disciplinary
Committee).
The
Disciplinary Committee shall have a Chairman and two members appointed by the
Prosecutors Council from amongst its members.
Disqualification
Article 45
A
submitter of the proposal and those members of the Prosecutors Council for whom
there are circumstances which engender doubt as to their impartiality may not
be involved in the work of the bodies conducting the disciplinary proceedings.
The
Chairman of the Prosecutors Council shall rule on the disqualification of a
member of the Prosecutors Council, and the Prosecutors Council shall rule on
the disqualification of the Chairman of the Prosecutors Council.
Statement and absence
Article 46
A
proposal for initiation of disciplinary proceedings shall be defended at the
Disciplinary Committee meeting by the submitter thereof.
In
the proceedings for the establishment of the responsibility the Disciplinary
Committee shall hear the State Prosecutor or Deputy State Prosecutor whose
responsibility is being examined.
The
Disciplinary Committee shall consider such evidence as it deems indispensable
to proper and complete determination of the facts.
Should
the submitter of the proposal fail to appear at the meeting of the Disciplinary
Committee, the proceedings shall be discontinued and should the State
Prosecutor or Deputy State Prosecutor whose responsibility is being established
fail to appear, the Disciplinary Committee shall conduct the proceedings in
his/her absence.
Decision of the Disciplinary Committee
Article 47
In
the proceedings for the establishment of the responsibility of the State
Prosecutor or Deputy State Prosecutor, the Disciplinary Committee may:
-
reject the proposal as unfounded,
-
accept the proposal and impose a disciplinary
measure, and
-
terminate
the proceedings if satisfied that there are reasons for the removal, in which
case it shall refer the case to the
Prosecutors Council.
The
decisions made by the Disciplinary Committee shall be furnished to the submitter of the
proposal, to the State Prosecutor or Deputy State Prosecutor whose
responsibility is being examined and to the Prosecutors Council.
Second instance proceedings
Article
48
A
complaint against the decision of the Disciplinary Committee may be filed with the Prosecutors
Council within eight days of the receipt of the decision.
The
complaint may be filed by the submitter of the proposal and the State
Prosecutor or Deputy State Prosecutor whose responsibility is being examined or
his/her defence counsel.
When
acting upon a complaint, the Prosecutors Council may:
-
dismiss the complaint as untimely or
inadmissible,
-
reject the complaint as unfounded,
-
vacate the decision and remand the case to
the Disciplinary Committee for reconsideration, and
-
reverse
the decision of the Disciplinary Committee.
The members of the
Disciplinary Committee may not be involved in the work of the Prosecutors
Council when the latter is deciding upon on the complaints.
Statute of Limitations
Article 49
Proceedings
to establish disciplinary responsibility of a State Prosecutor or Deputy State
Prosecutor must be completed within three months after the day the proposal was
submitted.
Should
the proceedings not be completed within the period of time specified in
paragraph 1 of this Article, it shall be considered discontinued.
V CESSATION OF OFFICE AND
REMOVAL
Cessation of the Office
Article
50
The office of the State
Prosecutor or Deputy shall cease:
-
at the expiry of the term of office,
-
on resignation,
-
on meeting the requirements for retirement,
- on cessation of
citizenship,
-
if he/she becomes a member of political party
bodies,
-
if he/she exercises a representative and other
public office or a professional activity
incompatible with the prosecutorial office,
-
if
an unsuspended prison sentence has been imposed against him.
Decision
on the cessation of the office
Article 51
When a reason for the cessation of the office emerges,
the Prosecutors Council shall be informed immediately thereon by: the Chief
State Prosecutor for the cessation of his/her Deputy and the High State
Prosecutor office, the High State Prosecutor for the cessation of his/her
Deputy and the Basic State Prosecutor office, and the Basic State Prosecutor
for the cessation of his/her Deputy office. The Minister of Justice shall inform the Prosecutors Council on the
reasons for the cassation of office of the Chief State Prosecutor.
The Prosecutors Council shall immediately notify
the Assembly of the fulfilment of reasons for the cessation of the
prosecutorial office.
Should
the Assembly not reach a decision on the cessation of the office of the State
Prosecutor or Deputy within 30 days as of the receipt of the notification, it
shall be deemed that the office of the State Prosecutor or Deputy has ceased
upon the expiry of such time period.
The
office of the State Prosecutor or Deputy shall cease on the day the Assembly
reaches the decision on the cessation of the office or upon the expiry of the
time period specified in paragraph 3 of this Article.
Removal
Article
52
The State Prosecutor or
Deputy State Prosecutor shall be removed from office if:
1)
he/she be sentenced of a criminal offence
which renders him or her unfit for exercise of the prosecutorial office,
2) he/she exercises the prosecutorial office
unprofessionally or in an unconscionable
manner,
3)
he/she
has permanently lost the ability to exercise the office.
The State Prosecutor
shall also be removed from office if:
1)
he/she fails to achieve positive results when
directing activities through which the State Prosecutor office is being
exercised,
2)
he/she
fails to initiate procedure for the removal or disciplinary proceedings of the
State Prosecutor or Deputy although he/she is so authorised and that he/she was
aware of, or must have known the reasons for removal.
3)
He/she was imposed a disciplinary measure
twice in the course of his/her term of office
4)
If he/she fails to submit reports from
articles 103 and 104 of the present Law.
Initiative for removal
Article 53
An
substantiated initiative for removal of the State Prosecutor or Deputy may be
submitted by: the Chief State Prosecutor, at least three members of the
Prosecutors Council, Disciplinary Committee, the High State Prosecutor for
removal of his/her
Deputy and the Basic State Prosecutor, the Basic State Prosecutor
for removal of his/her Deputy, and the
Minister of Justice for the removal of the Chief State Prosecutor.
Periods of time
Article 54
An
initiative for removal shall be submitted to the Prosecutors Council.
Within
30 days from the day of the receipt of the initiative, the Prosecutors Council
shall decide whether there are grounds for conducting the procedure for
establishing the proposal for the removal.
The
Prosecutors Council shall convey the initiative to the State Prosecutor or
Deputy
to whom the initiative relates.
The
State Prosecutor or Deputy State Prosecutor shall have the right to make oral
or written representations concerning the initiative for his/her removal within eight days of the
receipt .
Setting up the Commission
Article 55
The
Prosecutors Council shall dismiss the initiative upon establishing that no
grounds for conducting the procedure exist or that the initiative was submitted
by an unauthorised person.
If
the Prosecutors Council finds that grounds to conduct the procedure exist, it
shall set up the Commission for examination of conditions for the removal from
office (hereinafter referred to as: the Commission).
Composition of the Commission
Article 56
The
Commission shall have a chairman and two members appointed by the Prosecutors
Council from amongst its members.
Impartiality
Article 57
The
submitter of the proposal and those members of the Prosecutors Council for whom
there are circumstances which engender doubt as to their impartiality may not
be appointed to the Commission.
Report of the Commission
Article 58
The
Commission shall collect information and evidence relevant for determination
whether or not the initiative is founded.
The
State Prosecutor or Deputy whose removal is being sought shall have the right
to be present during the work of the Commission.
The
Commission shall submit the report on its work to the Prosecutors Council
within 15 days as of the day of setting up the Commission.
A
copy of the report shall be submitted by the Commission to the State Prosecutor
or Deputy whose removal is being sought.
Session of the Prosecutors Council
Article 59
The
submitter of the initiative shall be present at the Prosecutors Council
session.
The
State Prosecutor or Deputy whose removal is being sought shall have the right
to be present at the session of the Prosecutors Council.
The
Prosecutors Council shall make the decisions in a closed session.
Decision
Article 60
When rendering deciding
upon the initiative, the Prosecutors Council may:
1.
reject
the initiative as unfounded, or
2.
establish the proposal for removal of the State Prosecutor
or Deputy.
Right to Defence Counsel
Article 61
The
State Prosecutor or Deputy whose removal is being sought shall be entitled to a
defence counsel during the course of the procedure before the Prosecutors
Council.
Periods of time
Article 62
The
initiative for removal can not be submitted upon expiry of three-year period of
time counting from the day of emergence of the reasons for initiating the
procedure for removal.
Submitting the proposal to the Assembly
Article 63
The
Prosecutors Council shall submit a substantiated proposal for the removal to
the Assembly within 60 days as of the day of the receipt of the initiative.
The
State Prosecutor or Deputy State Prosecutor shall be removed from office on the
day the decision on his removal is made.
Suspension
Article 64
The
State Prosecutor or Deputy shall be suspended from office if he/she has been
remanded to detention or subject to an investigation for a criminal offence
which renders him or her unfit for the exercise of the office.
The
State Prosecutor or Deputy may be suspended from office after the Prosecutors
Council has passed the decision to initiate the procedure for removal.
The
Prosecutors Council shall decide on suspension from the office of the State
Prosecutor or Deputy.
Notification by the Assembly
Article 65
The Assembly shall
notify:
-
the State Prosecutor or Deputy whose office
has ceased, i.e. who has been removed from office,
-
in
the case the office of a Deputy ceases, the State Prosecutor with whom the
Deputy exercised the office.
-
the
Prosecutors Council.
VI SPECIAL PROSECUTOR FOR SUPPRESSION OF ORGANISED CRIME
Special Prosecutor
Article 66
A
Department for Suppression of Organised Crime shall be established within the
Office of the Chief State Prosecutor, to the purpose of carrying out activities
aimed at suppression of organised crime.
The
Department shall be headed by the Special Prosecutor for Suppression of
Organised Crime (hereinafter referred to as: the Special Prosecutor).
The
Special Prosecutor shall, within the limits of his/her competence, have the same rights and
duties as a State Prosecutor, if otherwise not provided by the present Law.
Deputy Special Prosecutor
Article 67
The
Special Prosecutor shall have a Deputy.
The
number of the Deputy Special Prosecutors shall be determined by the Prosecutors
Council at a proposal of the Chief State Prosecutor and on the basis of an
initiative of the Special Prosecutor.
Jurisdiction
Article 68
The
Special Prosecutor shall carry out all actions that fall under his/her authority to
proceed before the court which has subject matter and territorial jurisdiction
or other state authorities before which he or he proceeds, in accordance with
the law.
Method of Deferring Cases
Article 69
When
the High State Prosecutor and the Basic State Prosecutor in the course of performance of the tasks that fall within
their competence learn that a criminal case is one of organised crime, they
shall be under a duty to immediately inform thereof the Chief State Prosecutor
and to defer the case at his/her request.
When,
in the manner specified in paragraph 1 of this Article, or in any other manner,
the Chief State Prosecutor learns of an organised crime offence, he/she shall
immediately assign the case to the Special Prosecutor.
When
the Special Prosecutor in the course of the proceedings learns that the
committed criminal offence does not have the elements of organised crime,
he/she shall continue to act in the case until such time as the proceedings are
completed.
The
Special Prosecutor shall inform the body in charge of internal affairs on
deferral of the prosecution for organised crime offences.
Responsibility
Article 70
The
Special Prosecutor shall be accountable for his/her work and for the work of
the Department he/she heads to the Chief State Prosecutor.
Requirements for Appointment
Article 71
A
person who meets the requirements for appointment of the Chief State Prosecutor
may be appointed to a position of the Special Prosecutor.
Appointment
Article 72
The
Chief State Prosecutor shall appoint the Special Prosecutor on the written
consent of the latter, from amongst the State Prosecutors and Deputies, upon a
prior opinion of the Prosecutors Council.
The
Chief State Prosecutor shall appoint the Deputy Special Prosecutor on the
written consent of the latter, from amongst State Prosecutors and Deputies, at
a proposal of the Special Prosecutor.
The
Special Prosecutor and his/her Deputy shall be appointed to their positions for
the term of office of five years and shall be eligible for reappointment.
Opinion on performance
Article 73
Prior
to the appointment of the Special Prosecutor or his/her Deputy, the Chief State
Prosecutor shall obtain the opinion on his/her performance.
The
Chief State Prosecutor shall obtain the opinion referred to in paragraph 1 of
this Article with respect to the State Prosecutor from the immediately superior
State Prosecutor and with respect to the Deputy from the State Prosecutor.
The
opinion referred to in Paragraph 1 of this Article shall particularly contain
the evaluation of performance in pre-trial and criminal proceedings as well as
in complex cases.
Removal
Article 74
The
Special Prosecutor shall be removed in the event of unprofessional performance
of the duties entrusted to him/her or if the Department fails to achieve
positive results in its work.
The
Deputy shall be removed if he/she has not demonstrated professionalism in the
performance of duties entrusted to him/her within the Department.
The
decision on removal of the Special Prosecutor shall be made by the Chief State
Prosecutor.
The
decision on removal of the Deputy shall be made by the Chief State Prosecutor
at a proposal of the Special Prosecutor.
Rights upon Removal
Article 75
The
Special Prosecutor or Deputy shall have the right to return to work with the
State Prosecutor where he/she exercised the office prior to the appointment, if
his/her removal from the position of the Special Prosecutor or his/her Deputy
occurred upon expiry of the term of office and upon the resignation.
Should
the Special Prosecutor or Deputy State Prosecutor in the event of the expiry of
the term of office, resignation or removal decline to return to work with the
State Prosecutor where he/she exercised the office prior to the appointment,
his/her State Prosecutor or Deputy State Prosecutor office shall cease.
Should
it happen that there are no vacancies at the position of the State Prosecutor
or Deputy with the State Prosecutor referred to in paragraph 1 of this Article,
the Special Prosecutor or Deputy State Prosecutor shall exercise labour-related
rights in compliance with the law.
Procedure of Removal from Office
Article 76
Should
the reasons for removal referred to in Article 52 of the present Law exist, the
Special Prosecutor or Deputy shall be removed from their office of the State
Prosecutor or Deputy in the manner and in compliance with such procedure as
envisaged in the present Law.
Secondment to the Department of Persons Holding a Prosecutorial Office
Article 77
The
Chief State Prosecutor may, at a request of the Special Prosecutor, second the
State Prosecutor or Deputy to the Department for a certain period of time in
order to conduct urgent tasks or to act in concrete cases.
The
secondment referred to in paragraph 1 of this Article shall be subject to a
written consent of the person being seconded to the Department.
The
secondment to the Department shall last not longer than one year but it may be
extended under the same conditions.
During
the period of work within the Department, the seconded person shall be entitled
to a salary equal to that of the Deputy of the Chief State Prosecutor.
Salary
and other costs incurred by the secondment to work with the Department shall be
borne by the Chief State Prosecutor.
Secondment to the Department from Other Bodies
Article 78
The
Special Prosecutor may request from the state body or other institution to
second an employee of that body or institution to the Department for the
purpose of performing professional or administrative tasks in a certain period
of time.
The
head of the state body or institution shall be under a duty to decide without
delay on the request of the Special Prosecutor.
The
secondment to the Department shall be subject to a written consent of the
employee and shall not last longer than one year.
During
the period of work within the Department, the seconded employee shall be
entitled to a salary equal to that of an employee in the office of the State
Prosecutor.
Salary
and other expenses incurred by the secondment to the Department shall be borne
by the Chief State Prosecutor.
Official Secret
Article 79
The
Special Prosecutor, his/her Deputy, officers of the Department, court
employees, police and other authorities that have undertaken certain actions at
a request of the Special Prosecutor shall be under a duty to keep as official
secrets the information classified official secret under the law or other
enactment regardless of the
manner by which they became privy to such information.
Along
with the information classified official secret under the law or other
enactment, the information from pre-trial proceedings for criminal offences of
organised crime shall also be deemed official secret.
Handling cases
Article 80
Files,
documents and records on investigative actions undertaken during the pre-trial
proceedings for criminal offences of organised crime must bear a secrecy mark
in accordance with the provisions of the special law.
The
Special Prosecutor may, due to justified reasons, determine that a certain case
is especially protected, and the content thereof shall be accessible solely to
the Deputy he/she designates.
The
officers of the Department may be informed about the case referred to in
paragraph 2 of this Article solely to the extent necessary for the performance
of their tasks, whereon special official records kept.
To
the aim of protecting secrecy, the Special Prosecutor may determine that such
case be entered into the registries and other records under a special code
during the course of the pre-trial proceedings.
Wages
Article 81
The
Special Prosecutor and his/her Deputy shall be entitled to monthly wages equal
to that of the Chief State Prosecutor, i.e. the Deputy Chief State Prosecutor.
The
Special Prosecutor and Deputy shall be entitled to a special bonus payment due
to the onerous working conditions and special nature of the tasks they perform.
Direct Application of the Law
Article 82
If otherwise not provided by the provisions of
Chapter VI hereof, other provisions of the present Law shall be directly
applied with respect to the Special Prosecutor.
VII PROSECUTORS COUNCIL
Jurisdiction
Article 83
The
Prosecutors Council shall:
1)
define the proposal for appointment and
removal of State Prosecutors and their Deputies,
2)
determine the number of Deputy State
Prosecutors,
3)
conduct the proceedings for establishing the
disciplinary responsibility of State Prosecutors and their Deputies,
4)
prepare general and special programs for professional skills development,
5)
establish the proposal of special
appropriations in the budget destined for financing the work of the State
Prosecutor,
6)
establish the Code of Ethics,
7)
adopt Rules of Procedure on its work,
8)
perform
other duties provided by the law.
Composition of the Prosecutors Council
Article 84
The
Prosecutors Council shall have a chairman and ten members.
The
Chief State Prosecutor shall be the Chairman of the Prosecutors Council by
virtue of his/her office.
Members
of the Prosecutors Council shall be appointed as follows:
-six from amongst the State Prosecutors and their Deputies,
-one from amongst the professors of the Law Faculty in
Podgorica,
-one from amongst practising lawyers,
-one from amongst renowned legal experts in Montenegro,
at a proposal of the Protector of Human Rights and Freedoms;
-one representative of the Ministry of Justice.
Term of Office of the Prosecutors Council
Article 85
Members
of the Prosecutors Council shall be appointed by the Assembly for a four-year
term of office. Members of the Prosecutors Council shall be eligible for
re-appointment.
The
term of office of a member of the Prosecutors Council who has been subsequently
appointed to a vacant post in the Prosecutors Council shall expire upon the
expiry of the term of office of the Prosecutors Council.
Proposing a Member of the Prosecutors Council
Article 86
The
Assembly shall appoint the members of the Prosecutors Council from amongst the
State Prosecutors and their Deputies at a proposal of the Extended Session of
the Chief State Prosecutor; from amongst the professors of Podgorica Law
Faculty at a proposal of Podgorica Law Faculty, from amongst practising lawyers
at a proposal of the Bar Association of Montenegro, from amongst renowned legal
experts at a proposal of the Protector of Human Rights and Freedoms, whereas
the representative of the Ministry of Justice shall be appointed at a proposal
of the Minister of Justice.
Proposing Candidate for Membership in the Prosecutors Council
Article 87
The
proposal of a candidate for membership in the Prosecutors Council from amongst
State Prosecutors and their Deputies shall be established by the Extended
Session of the Chief State Prosecutor by ballot.
The
Extended Session of the Chief State Prosecutor, in addition to the Chief State
Prosecutor and his/her Deputies, shall also comprise the High State
Prosecutors.
Prior
to the establishment of the proposal for membership in the Prosecutors Council
from amongst State Prosecutors and their Deputies, the Extended Session of the
Chief State Prosecutor shall obtain an initial proposal for each State
Prosecutor and Deputy State Prosecutor in such manner as to ensure secrecy of
the initiative.
Decision on Election of a Candidate to the Prosecutors Council
Article 88
The
proposal for election of candidate to the Prosecutors Council from amongst
State Prosecutors and Deputies shall be adopted by a majority vote at the
Extended Session of the Chief State Prosecutor.
Should
there be more candidates proposed than the number of vacancies to be filled by
way of election, and insufficient numbers have been elected, there shall be a
repeated vote on the candidates who have won the closest number to the number
necessary for election. Should a third round fail, the procedure shall be
repeated with new candidates.
Cessation of the Function in the Prosecutors Council
Article 89
Membership
in the Prosecutors Council shall cease before the expiry of the term of office,
if the member himself has requested so or if his/her office or employment that
made him/her eligible for the election has ceased.
Cessation
of membership in the Prosecutors Council shall be confirmed by the Assembly, on
the basis of a notification by the Chairman of the Prosecutors Council.
Method of Work and Decision-Making of the Prosecutors Council
Article 90
The
method of work and decision-making of the Prosecutors Council shall be
regulated in the Rules of Procedure of the Prosecutors Council.
VIII ORGANIZATION OF WORK OF THE STATE PROSECUTOR
1.
Prosecutors Administration
Organisation of Work
Article 91
The
organisation of work of the State Prosecutor shall mean the management,
organisation of the State Prosecutor session and activities of the
prosecutorial administration.
Management
Article 92
The
State Prosecutor shall organise work, assign the tasks and take measures for
orderly and timely performance of the State Prosecutor duties.
The
State Prosecutor shall be responsible, within the limits of his/her powers, for
orderly and timely performance of tasks.
Duty of the Chief State Prosecutor
Article 93
The
Chief State Prosecutor shall be responsible for performance of the State
Prosecutor tasks and shall be under a duty to take measures and actions
requisite for efficient performance of the State Prosecutor tasks.
Substitution
Article 94
When
the State Prosecutor is absent or prevented from performing the tasks, he/she
shall be substituted by the Deputy appointed at the Session of the State
Prosecutor for each calendar year, at a proposal of the State Prosecutor.
Disposition of tasks
Article 95
An
annual disposition of tasks shall be established by the State Prosecutor not
later than 15 January for the current year. The annual disposition shall
provide for equal allocation of State Prosecutors’ tasks and required
specialised training of the Deputies.
Conference of Prosecutors
Article 96
The
State Prosecutor shall convey a conference for the purpose of examining certain
issues of importance for his/her work.
The
Conference of Prosecutors shall be made up of the State Prosecutor and his/her
Deputies.
The
Conference of Prosecutors shall be conveyed and chaired by the State
Prosecutor.
The
State Prosecutor shall be under a duty to convey the Conference of the
prosecutors at a request of at least one third of his/her Deputies.
The
decisions at the Conference of prosecutors shall be made if at least two thirds
of Deputy prosecutors are present. The decisions shall
be of final effect if voted for by a majority of members attending the
Conference, unless otherwise provided by the present Law in respect of specific
issues.
The
method of the Conference work shall be regulated in more detail by the Rules of
Procedure of the Conference.
Scope of Work of the Conference
Article 97
The
Conference of prosecutors shall:
1)
give opinion on the candidates for holders
of the prosecutorial office,
2)
examine the work program and report,
3)
take a position concerning general
issues falling within the scope of work
of the State Prosecutor,
4)
adopt the Rules of Procedure on its work,
5)
examine
a proposal of annual disposition of tasks.
Prosecutors Administration
Article 98
The
State Prosecutor shall perform the activities of prosecutorial administration.
The
prosecutorial administration shall include the activities which ensure orderly
and timely performance of the work of the State Prosecutor, and particularly:
internal disposition of tasks; examining complaints and petitions; managing of
the information system; keeping prescribed records and reports; work of the
filing office and archives; finances.
The
tasks of the prosecutorial administration and the manner of their performance
shall be precisely regulated by the Rules of Procedure of the State Prosecutor.
The
supervision over the performance of tasks of the prosecutorial administration
shall be carried out by the Ministry of Justice.
Professional Skills Development
Article 99
The
Chief State Prosecutor or a person authorised by him shall be in charge of the
realisation of general and special programs of professional skills development
adopted by the Prosecutors Council.
The
Chief State Prosecutor or the person authorised by him may organise seminars,
courses and other types of professional skills development.
Submission of Data to the Competent Ministry
Article 100
The
Chief State Prosecutor shall, at a request of the Ministry of Justice, provide
such information as may be required for monitoring the organisation and work of
the State Prosecutor, application of the Rules of Procedure of the State
Prosecutor, handling the complaints and petitions of citizens, as well as
general information on prosecution of perpetrators of criminal offences and
other acts punishable under the law.
Supervision by the Competent Ministry
Article 101
The
Ministry of Justice shall, through an authorised officer, carry out the
supervision over the work of the State Prosecutor, with respect to:
1)
organisation of work of the State Prosecutor
in compliance with the Rules of Procedure of the State Prosecutor,
2)
handling complaints and petitions,
3)
work of the filing office and archive,
4)
keeping of official records, and
5)
other
tasks related to proper work and performance of duties of the prosecutorial
administration.
By-laws
Article 102
The Ministry of Justice
affairs shall:
1)
upon having obtained the opinion of the
Prosecutors Council, adopt the Rules of Procedure of the State Prosecutor which
shall govern the issues envisaged in the present Law, as well as other issues
of importance for the organisation of work of the State Prosecutor,
2)
prescribe the form, manner, procedure,
records of issuance of official identity cards of State Prosecutors and their
Deputies,
3)
adopt
other acts of importance for the work of the State Prosecutor.
Annual Report
Article 103
The
Chief State Prosecutor shall submit to the Assembly an annual report on the
work of the State Prosecutor.
The
annual report on work shall particularly contain the following: general
statistical overview of all cases dealt with, general estimate of the criminal
activities with special emphasis on organised crime and corruption, and a
proposal of measures aimed at improving the work of the State Prosecutor.
The
annual report on work of the State Prosecutor shall be submitted not later than
31 March for the preceding year.
Special Report
Article 104
The
Chief State Prosecutor shall be under a duty to submit, at a request of the Assembly and the Government, a special
report on criminal activities and on the problems and occurrences he/she has
identified in the course of his/her work.
Relations with the Public
Article 105
Information
on the work of the State Prosecutor shall be disclosed by the Chief State
Prosecutor or a person authorised by him.
Information
that could affect the conducting of the proceedings shall not be disclosed to
the media.
Disclosure
of information referred to in Paragraph 2 of this Article shall be considered
as harming the reputation of the prosecutor’s function.
2. Working
methods
Temporary Secondment
Article 106
The
Deputy State Prosecutor may, with his/her consent, be temporarily seconded to
another State Prosecutor not longer than six months in a calendar year.
Exceptionally,
a Deputy State Prosecutor may be temporary seconded to work with another State
Prosecutor without consenting thereto, not longer than three months in a
calendar year.
The temporary secondment shall be made when the regular
performance of the tasks has been brought into question due to the Deputy State
Prosecutor being prevented from attending to his/her duties or disqualified, or
due to other reasons.
The
immediately High State Prosecutor shall decide on the temporary secondment to
another State Prosecutor.
Salaries
and other costs incurred by the secondment of the Deputy to another State
Prosecutor shall be borne by the State Prosecutor the Deputy is being seconded
to.
Professional Assistance
Article 107
The
State Prosecutor may engage a person who possesses the required professional
skills or set up a team of experts or an expert working body in order to
clarify specific issues arising in the course of his/her work.
The
State Prosecutor may decide that the persons referred to in paragraph 1 of this
Article be remunerated for the services rendered.
Work on Duty and Alert
Article 108
The
State Prosecutor shall be under a duty to organise continuous duty hours or
alertness in order to ensure efficient performance of duties, particularly
crime scene investigations and other non deferrable tasks in connection with
potential perpetration of criminal offences and other punishable acts.
The
schedule and duration of the duty hours and alertness shall be determined by
the State Prosecutor.
Allocation of Cases
Article 109
The
cases shall be allocated in such a manner as to ensure impartiality,
independence and efficiency in the performance of the tasks.
Instructions for Work
Article 110
The
Chief State Prosecutor shall issue the High State Prosecutor and the Basic
State Prosecutor with mandatory instructions for work.
The
High State Prosecutor shall issue the Basic State Prosecutor from within
his/her district with mandatory instruction for his/her work.
In
the sense of the present Law, the mandatory instructions for work shall be
deemed to mean instructions of general character and instructions to be
followed in individual cases.
The
mandatory instructions of general character be issued
by the Chief State Prosecutor, whereas the High State Prosecutor and the Basic
State Prosecutor may initiate the issuance thereof when they find it requisite.
The
mandatory instructions to be followed in individual cases shall be issued by
the Chief State Prosecutor for his/her Deputies, High and Basic State
Prosecutors, by the High State Prosecutor for his/her Deputies and Basic State
Prosecutors from within his/her district and by the Basic State Prosecutor for
his/her Deputies.
Method of Issuing of the Instructions for Work
Article 111
The
State Prosecutor or Deputy who has been given an instruction to be followed in
an individual case shall have the right to point out that the instruction is
unlawful or ill-founded and to request to be provided with the same in writing
if it was communicated orally, or to be given written instructions anew if the
instruction was issued in writing in the first place.
Should
the instructions to be followed in an individual case be given anew in the
sense of paragraph 1 of this Article, and the State Prosecutor or Deputy State
Prosecutor is still of the opinion that such instruction is unlawful or
ill-founded, the State Prosecutor may, upon a substantiated request in writing,
release him from further acting in the case and assign another State Prosecutor
or Deputy to handle the case, provided there is no danger of postponement.
The
instructions to be followed in an individual case shall be issued in writing
and accompanied by a relevant explanation. Exceptionally, the instruction may
be communicated orally, but the it must be issued in
writing in a reasonable period of time.
3.
Relations and Co-operation
Relations between State Prosecutors
Article 112
The
Chief State Prosecutor may directly exercise all powers and take over all tasks
vested by the law in the High State Prosecutor or the Basic State Prosecutor.
Due
to justified reasons, individual cases or certain actions falling within the
competence of the High State Prosecutor or Basic State Prosecutor may be
entrusted by the Chief State Prosecutor to another State Prosecutor, which has
subject matter jurisdiction..
The
High State Prosecutor may directly exercise all powers and carry out all duties
vested by the law in the Basic State Prosecutor.
The
High State Prosecutor may, due to justified reasons, entrust individual cases
or certain actions falling within the competence of the Basic State Prosecutor
from within his district to another State Prosecutor which has subject matter
jurisdiction.
The
decision on taking over the powers and tasks or entrusting them to another
State Prosecutor shall be made in writing.
Disqualification
Article 113
When
there is a conflict of rights and interests between the parties he/she is
representing under the law in property-law cases, the State Prosecutor or
Deputy State Prosecutor shall be disqualified from the case and the parties
shall have their rights and interests protected through the assistance of an
attorney of their own choosing.
When
he finds there are justified reasons to do so, the State Prosecutor or Deputy
State Prosecutor may seek, by way of a written request, to be disqualified.
Immediately superior State Prosecutor shall decide
on the disqualification of the State Prosecutors, whereas the General Session
of the Chief State Prosecutor shall decide on the disqualification of the Chief
State Prosecutor. The State Prosecutor shall decide on the
disqualification of his/her Deputy.
Relations with Courts and Other State Authorities
Article 114
The
State Prosecutor or Deputy State Prosecutor shall have a power to request from
courts and other state authorities to be provided with such files, information
and notifications as may be required for taking the measures falling within
his/her competence, while courts or other state authorities shall be under a
duty act upon the request.
The
State Prosecutor or Deputy State Prosecutor shall be under a duty to forward
the files and information requested by the court or other state authority when
these are required for the performance of the function of the latter.
International Co-operation
Article 115
The
State Prosecutor may co-operate directly with prosecutors of other countries
within the framework of international agreements and other international
documents.
The
method and conditions of the co-operation referred to in paragraph 1 of this
Article shall be determined by the Prosecutors Council.
Official Attire
Article 116
The
State Prosecutor or Deputy State Prosecutor shall exercise his/her function
wearing the official attire (toga).
The
toga shall look and be worn in such a way as prescribed by the Rules of
Procedure of the State Prosecutor.
4.
Supervision
Competence
Article 117
The
Chief State Prosecutor shall supervise the work of the High State Prosecutors
and Basic State Prosecutors.
The
High State Prosecutor shall supervise the work of the Basic State Prosecutor.
Types of Supervision
Article 118
The
supervision over the work of the State Prosecutor shall be carried out by way
of annual reports, special work reports, direct insight into the work, or in
other appropriate way.
The
direct insight into the work of the State Prosecutor shall be carried out, as a
rule, once a year by the immediately superior State Prosecutor.
Evaluation
of the work of the State Prosecutor shall be presented to the Prosecutors
Council and the Chief State Prosecutor.
5.
Internal Organisation and Systematisation
Officers
Article 119
State
Prosecutors shall have an adequate number of officers performing expert,
administrative and technical duties.
An
act on internal organisation and systematisation shall be passed by the State
Prosecutor with the approval of the Government.
Expert associate
Article 120
A
law graduate with the bar exam who meets the general requirements for work in
state administration shall be eligible for the post of an expert associate.
The
expert associate shall assist the State Prosecutor and Deputy State Prosecutor
in performance of their duties, and he/she shall particularly: draft documents
and decisions, make records of citizens’ petitions, claims and statements and
perform other duties under the supervision or following general instructions of
the State Prosecutor or Deputy State Prosecutor.
Exceptionally,
the Basic State Prosecutor may authorise the expert associate to represent
indicting proposals in proceedings before the court.
Trainee
Article 121
Eligible
to be a trainee shall be a law graduate meeting general requirements for work
in state administration.
A
trainee shall be admitted to employment for a period of two years.
Should
a trainee, as evaluated by the Conference of Prosecutors, distinguish himself
through outstanding performance during the course of the training, his/her
employment may be extended after the expiry of the training period for an
additional year, provided that he/she passes the bar exam within three months.
Volunteer
Article 123
A
law graduate may be admitted to practice with the State Prosecutor as a
volunteer for the purpose of acquiring conditions for taking the bar exam.
Secretary
Article 123
The
Chief State Prosecutor shall have a secretary to assist him in performance of
the tasks of the Prosecutors administration.
The
High State Prosecutor and the Basic State Prosecutor who work with at least ten
Deputies shall have a secretary to assist him in performance of the tasks of
the Prosecutors administration.
The
secretary must meet the same requirements as the expert associate referred to
in Article 120 of the present Law.
Article 124
Principles of Internal Organisation and Nomenclature of Tasks
The
principles of internal organisation, groups of posts and the description
thereof, official titles and requirements for holding such posts shall be set
out by the regulation governing the issues of judicial i.e. Prosecutors
administration.
IX OFFICIAL SECRET AND PROTECTION OF SECRECY OF DATA
Official Secret
Article 125
The
State Prosecutor, Deputies State Prosecutor and officers shall be under a duty
to keep official secret,
regardless of the manner by which they became privy thereto.
The
official secret shall be deemed to mean specifically the following:
1)
all that has been classified as official secret
by way of the law or other enactment,
2)
all that has been classified as official or business secret by way of general acts of
legal persons and other organisations and institutions,
3)
data and documents specifically classified as
official or business secret by state authorities or legal persons and other
organisations and institutions,
4)
data
and documents classified as official secret by the State Prosecutor or Deputy
State Prosecutor.
In
the pre-trial proceedings, the content of a written document may not be made
public, instead, the public may only be provided with the information about the
undertaken official acts.
The
manner of labelling and handling secret data and documents shall be defined by
the Rules of Procedure of the State Prosecutor.
Obligation of Keeping Official Secret
Article 126
The
duty of keeping official secret shall continue after expiry of the employment
with the State Prosecutor.
The
State Prosecutor may decide to release Deputy State Prosecutor or officer from
keeping official secret, provided there are justified reasons to do so in
individual cases. The decision on releasing the State Prosecutor from keeping
official secret shall be made by immediately superior State Prosecutor, and the
Chief State Prosecutor shall be released by the Government decision.
Secrecy of Data
Article 127
State
Prosecutors, Deputy State Prosecutors and officers must not disclose to
unauthorised persons data which they have learned during the course of the
proceedings and which relate to private and family life of natural or financial
position of legal persons.
X FINANCING OF THE PROSECUTOR’S OFFICE
Funds
Article 128
Funds
for the work of State Prosecutor shall be allocated in a special line of the
budget of the Republic
of Montenegro.
The
proposal of the special budget line shall be prepared and submitted to the
Government by the Prosecutors Council.
XI TRANSITIONAL AND FINAL PROVISIONS
Article 129
Upon
entry into force of the present Law, the State Prosecutor of the Republic of Montenegro
and superior and Basic prosecutors appointed in accordance with the Law on the
State Prosecutor (Official Gazette of the Republic of Montenegro, No. 30/93),
shall continue their work until the expiry of their term of office under
following titles: the State Prosecutor of the Republic of Montenegro as the
Chief State Prosecutor, the High prosecutor as the High State Prosecutor and
the Basic prosecutor as the Basic State Prosecutor.
Article
130
Upon
entry into force of the present Law, Deputies of the State Prosecutor of the
Republic of Montenegro, Deputies of High prosecutors and Deputies of Basic
prosecutors appointed in accordance with the Law on the State Prosecutor
(Official Gazette of the Republic of Montenegro, No. 30/93), shall continue their
work until the expiry of their term of office under the following titles:
Deputies of the State Prosecutor of the Republic of Montenegro as Deputies of
the Chief State Prosecutor, Deputies of High prosecutors as Deputies of High
State Prosecutors and Deputies of Basic prosecutors as Deputies of Basic State
Prosecutors.
Article 131
The
Chief State Prosecutor shall appoint the Special Prosecutor not later than a
month as of the day of the appointment of the Prosecutors Council.
Article 132
The
members of the Prosecutors Council shall be appointed in accordance with the
provisions of the present Law not later than three months as of the day the
present Law enters into force.
Article 133
Until
the members of the Prosecutors Council have been appointed, the State
Prosecutors and their Deputies shall be appointed in accordance with the Law on
the State Prosecutor (Official Gazette of the Republic of Montenegro, No. 30/93).
Article 134
The
cases dealt with by the Basic Prosecutor of Niksic before the Basic Court of
Zabljak prior to the entry into force of the present Law, shall be completed by
the Basic Prosecutor of Niksic.
Article 135
Implementing
regulations under the present Law shall be passed not later than one year as of
the day of the present Law enters into force.
Until
the regulations referred to in paragraph 1 of this Article have been adopted,
the existing by-laws shall be applied.
Article 136
As
of the day the present Law enters into force, the Law on the State Prosecutor (Official Gazette
of the Republic
of Montenegro,
No. 30/93) shall cease to be applicable, save for the provisions which are
specified to be applicable until the deadline set by the present Law.
Article 137
The
present Law shall come into force on the eighth day as of the day of its
publication in the “Official Gazette of the Republic of Montenegro”.
