Law Enforcement – Montenegro Anti Corruption Institutional Framework

Law Enforcement

Web: https://up.gov.me/naslovna/Sektori/Sektor_za_sprecavanje_pranja_novca_i_finansiranja_/

Email: foj@foj.gov.me

Structure: Director and Cabinet oversee the work of seven sectors and the General Task, Finance and IT Service

Competencies: to detect, investigate, and prevent money laundering and terrorist financing

Permanence: formed by the Decree of the Government of Montenegro of 15.12.2003 (OG 67/03) pursuant to the Law on Prevention of Money Laundering (OG 55/03)

Appointment and removal: Director elected by the Government on the proposal of the Ministry of the Interior

Financial Autonomy: budget adopted in standard procedure

Web: https://mup.gov.me/upravapolicije/naslovna/Sektori/Sektor_za_borbu_protiv_organizovanog_kriminala_i_k

Established: 2005

Permanence: Rulebook on Internal Organisation and Job Descriptions of Police Directorate

Competencies: to provide for the safety and protection of citizens through internal security and the prevention and suppression of organized crime and corruption. It monitors and analyzes organized crime activity and implements operational activities in regards to individuals and groups

Structure: headed by Assistant Director

Financial Autonomy: budget adopted in standard procedure

Web: https://mup.gov.me/organizacija/odjeljenja/unutrasnja_kontrola

Competence: detecting and suppression of unlawful acts and behaviour of police officers with a focus on corruption, criminal acts against human rights and other acts prosecuted ex officio.

Web: https://tuzilastvo.me/drtz

Email: vdtcg@tuzilastvo.me

Established: 2003

Permanence: Law on Prosecutor’s Office

Structure: composed of the Special Prosecutor and Deputy Special Prosecutors.

Competencies: to prosecute cases of criminal offences of organized crime, regardless of the height of the punishment prescribed; 2) high corruption; 3) money laundering; 4) terrorism; 5) war crimes, and 6) violations of the electoral rights prescribed in the Chapter of the 16th Criminal Code of Montenegro. The Special State Prosecutor’s Office, in the exercise of his / her jurisdiction, works directly with the Special Police Department.

Appointment and removal:  The Prosecutorial Council elects the Chief Special Prosecutor and Special Prosecutors on the basis of a public announcement. Chief Special Prosecutor is elected by Prosecutorial Council by a majority vote of the total number of members, on the prior proposal of the Supreme State Prosecutor. The Chief Special Prosecutor is elected for a term of five years. A special prosecutor is elected to a permanent position if he has worked for at least four years as a state prosecutor or judge, and if he has not worked as a state prosecutor or judge for at least four years, he is elected for a term of four years.

Financial Autonomy:  Financial resources for the work of the Special State Prosecutor’s Office are provided within the budget section for the State Prosecutor’s Office.

Establishment: 2011.

Structure: It is composed of three members for a period of four years: two prosecutors (one elected by the extended session of the Supreme State Prosecution Office, and the other being the president of the Association of Prosecutors) and a non-prosecutor of the Prosecutorial Council, the latter chairing the Commission.