Republic of Montenegro


ME

Official (constitutional) name of the country:  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.

Judicial cooperation

General description of the national system for 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.

Text in original language, English and/or other available languages of the relevant national laws/provisions of the Criminal procedure codes  on judicial cooperation in criminal matters

http://www.mpa.gov.me/biblioteka/zakoni?alphabet=lat&sortDirection=Desc

 

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

Council of Europe Treaty Office

United Nations Treaty Collection

http://www.mpa.gov.me/rubrike/medjunarodni_ugovori/krivicna_materija_SE

http://www.mpa.gov.me/rubrike/medjunarodni_ugovori/krivicna_materija_UN

 

Information on the organisation of the EJN 

Two EJN contact points. One from the Ministry of Justice, the other from the Special State Prosecution Office.

Useful national links

 

Other useful information


Information on Contact Persons can be found at the Montenegro page of the Cooperation with third countries and judicial networks section.

  • ® 2020 EJN. All Rights Reserved