MONTENEGRO   

Organisation of the judicial system

The State Prosecution is a unique and independent state authority that performs the affairs of prosecution of the perpetrators of criminal offenses and other punishable acts prosecuted by virtue of office.

Organization and structure:
  • Supreme State Prosecution Office
  • Special State Prosecution Office
  • High State Prosecution Office in Podgorica
  • High State Prosecution Office in Bijelo Polje
  • Basic state prosecution offices.
Organization and structure of courts:
  • Supreme Court
  • Apelate Court of Montenegro
  • High Court in Podgorica
  • High Court in Bijelo Polje
  • Basic Courts
  • Commercial Court
  • Administrative Court of Montenegro.

International judicial cooperation in criminal matters

Ministry of Justice is a central body of communication. The possibility of direct communication between judicial authorities is envisaged by international multilateral and bilateral agreements. The Law on Mutual Legal Assistance in Criminal Matters provides this possibility in Article 4, paragraph 3. According the Law on Courts and Law on MLA in criminal matters two high courts are responsible for provision of MLA with one exception introduced with new Law on Courts which exclude tasks related to international criminal legal assistance in criminal matters of requests for submitting documents from their jurisdiction and give it to Basic Courts. On side of functional jurisdiction in high courts two investigative judge in High Court Podgorica and one in High Court Bijelo Polje have been responsible for provision of mutual legal assistance.

Only in case of transferring of criminal prosecution, before confirmation of indictment, the competent state prosecutor shall render the decision. Regarding a jurisdiction on "small" mutual legal assistance according art. 3 par. 2 of Law on MLACM the permissibility and the method of enforcement of the action which is the subject matter of the letter rogatory of the foreign judicial authority shall be decided by the court in accordance with domestic law and international agreement. The execution of request can be delegated to prosecution office if the action is from their jurisdiction.

Link to national legislation (also available in English): http://www.mpa.gov.me/biblioteka/zakoni?alphabet=lat&sortDirection=Desc

Useful national links

Ministry of Justice
Supreme Court
General Prosecutor’s Office
Judicial Council
National legislation databases

Links to the relevant sections of the Council of Europe and United Nations Treaties Offices websites
containing information on the conventions to which the respective country is party

Council of Europe
http://www.mpa.gov.me/rubrike/medjunarodni_ugovori/krivicna_materija_SE
http://www.mpa.gov.me/rubrike/medjunarodni_ugovori/krivicna_materija_UN

Other useful information

You may find list of bilateral and multilateral agreements signed by Montenegro in the area of Mutual Legal Assistance in criminal matters as well as relevant domestic legislation on the official web site of the Ministry of Justice:
http://www.mpa.gov.me/rubrike/medjunarodni_ugovori?alphabet=lat
http://www.mpa.gov.me/biblioteka/zakoni?alphabet=cyr&sortDirection=Desc

Reports
Country report 2016: (SWD(2016) 360 final)
MLA report: MLA report Montenegro

Co-funded by the
German Federal Government