Successful fight against corruption and organised crime is a priority for Montenegro in the process of European integration. However, there is not a single analysis of the actions of the judiciary in cases relating to criminal offences with elements of organised crime, only difficult-to-understand statistical data on indictments and court verdicts.
The purpose of this analysis is to objectively overview the influence of the legal and institutional framework, as well as the results of the judiciary in the fight against organised crime and to determine what is behind the official statistical data and which are the effects of the implementation of new legal provisions. This analysis contains numerous case studies which show problems in the implementation of law and in the work of the judiciary in concrete examples.
This document was made using final and non-final court verdicts published on the internet presentations of the competent courts, and those we received on the basis of the Law on Free Access to Information. A smaller part of the analysis is based on case files we managed to get to, and in several instances we used media as sources of information.
The first part of this publication contains an analysis of the legal framework relevant for the fight against organised crime, while the second part is dedicated to the problems arising in court proceedings due to the frequent changes in legal regulation. The third part of the publication explains what is actually entered into the official statistics of judiciary bodies.
A separate part of the publication overviews the effects of international cooperation on the concrete example of narcotics smuggling, and the following chapter analyses the effects of the use of secret surveillance measures. One chapter is dedicated to the practical implementation of new legal institutes, the cooperating witness and the protected witness.
A part of this publication is dedicated to the analysis of the penal policy for criminal offences with elements of organised crime. The last chapter details the problems in access to data, specifically court verdicts and case files.
Complete publication you may download HERE (PDF)