In the previous year, there were 101 sentences for community service, while house arrest was applied in 330 instances, as detailed in the Ministry of Justice’s 2024 report on administrative areas.

The report notes that a total of 33 complaints regarding court actions were received, along with five complaints related to state prosecutors’ offices. These have been forwarded to both the Judicial Council and the Prosecutorial Council.

Additionally, there were nine complaints filed against notaries and 21 against public bailiffs.

The Ministry of Justice indicated that 103 inspections took place within ten basic courts, the High Court in Bijelo Polje, the High Court in Podgorica, the Supreme Court, the Court of Appeal, the Commercial Court, the High Court for Minor Offenses of Montenegro, the Minor Offences Court in Bijelo Polje, and ten minor offence departments, alongside eight basic state prosecutor’s offices, the High State Prosecutor’s Offices in Bijelo Polje and Podgorica, the Special State Prosecutor’s Office, and the Supreme State Prosecutor’s Office. Inspections also covered the Chamber of Notaries, 38 notaries, the Chamber of Public Bailiffs, and 16 public bailiffs.

During these inspections, irregularities were noted, such as the lack of records in the suspended sentences book and the book of confiscated items in the Department for Minor Offenses in Žabljak, and many courts were found to maintain only electronic records, neglecting physical registers. According to the report, all deficiencies should be addressed, and court administrations have complied.

In the prosecutorial administrations, it was found that in one Basic State Prosecutor’s Office, the register had not been closed according to the Rulebook. This issue was highlighted and subsequently rectified during the supervisory visit by judicial inspectors.

Inspections of two public bailiffs and two notaries revealed three irregularities.

One notary’s office was found to have not submitted controlled or preliminary contracts for real estate sales exceeding 15,000 euros to the Police Directorate, Intelligence Sector, and this deficiency was promptly rectified.

Concerns Regarding Mojkovac Prison

The Ministry of Justice report further mentions that the initial estimated construction cost for the prison in Mojkovac was set at 15 million euros, but this figure has nearly doubled to 38.5 million euros, excluding additional expropriation costs for road access.

“Given that the fight against organized crime poses a significant challenge for the Montenegrin judiciary and government, as of December 18, 2024, there were 1,176 inmates in the Administration for the Execution of Criminal Sanctions, including 642 detained persons. This raises questions about the necessity of the proposed prison, which is designed to accommodate only 200 individuals and 120 staff, a disproportionately small figure compared to the overall prison population in Montenegro. The site’s distance from 34 judicial institutions, security considerations, its location away from main roads, and the proximity to the Tara River—requiring construction work within the riverbed to mitigate flooding—further complicate the project’s justification. Additionally, issues related to recruiting the necessary professional staff to operate such a facility need to be addressed, especially given the existing challenges faced by the Administration for the Execution of Criminal Sanctions in Spuž and Bijelo Polje. Future prison developments must also consider anticipated shifts in the prison population and aim to construct adaptable facilities that adequately address accommodation needs,” the report concludes.

The document states that the development of a Special Health Institution for implementing security measures, mandatory psychiatric treatment, custody for mentally ill detainees, and programs for drug and alcohol rehabilitation is part of the priority infrastructure projects list from 2019.

“Among the ongoing construction efforts, 570 working days have been completed, equating to 80% of the contracted period, with 150 days remaining. The physical progress of the open prison building is at 80%, the special health institution at 60%, the multifunctional facility at 22%, and the reception area at 5%. Based on optimistic projections that consider the progress of all construction, the total completion rate stands at about 55%. Limited overall progress has been attributed to high-voltage power lines obstructing work on three out of the four buildings, but it is expected that this issue will soon be resolved to allow for accelerated construction,” states the Ministry of Justice report.

Issuance of Restraining Orders

The report indicates that in 61 cases, a restraining order has been issued.

“Under the Criminal Procedure Code, 46 cases regarding compensation for damages due to unjustified detention have been addressed. Two comprehensive agreements have been reached on damage assessment, type, and compensation owed for such unlawful deprivation of liberty. In accordance with the Law on the Execution of Prison Sentences, Fines and Security Measures, the Ministry of Justice has reviewed eight cases related to requests for the suspension of prison sentences. One request was approved, five were denied, and two cases were put on hold,” notes the report.

Furthermore, the Directorate for the Execution of Criminal Sanctions processed 54 applications for pardons, with three rejections and two cases suspended in line with pardon laws.

“A total of 27 certificates have been issued from the Criminal Records Registry for individuals, 113 for minors, and 221 for legal entities,” the report mentions.

The report also states that decisions for legal rehabilitation were issued for 132 applications, while 142 requests for rehabilitation decisions were forwarded to the relevant courts for processing.

Proposed Amendments Regarding SDT

Lastly, the report highlights that on May 29, 2024, the Government approved a Proposal for Amendments to the Law concerning the Special State Prosecutor’s Office. This aims to remedy the issues arising from the broad jurisdiction currently assigned to the SDT, which has led to excessive burdens on this body.

“In light of the actual human resource capacity of the SDT and the complexity of the cases they handle, the adopted amendment delineates the jurisdiction of the SDT to focus solely on corruption crimes involving high-ranking public officials. This adjustment is intended to relieve the SDT, as well as the Special Department of the High Court and the Special Police Department, from the responsibility of managing corruption cases involving lower-ranking officials,” concludes the report.

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