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HomeSocietyThe state never even warned them

The state never even warned them

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The State Failed to Issue Any Warnings

The company “Carinvest” has undeniably gained significant advantages by appropriating more than half a million square meters of state land and constructing facilities catering to its own interests, a claim made by the Kotor Basic State Prosecutor’s Office during the main trial against the company and its leaders, Marko Bata Carevica and Milan Carevic.

The Kotor Basic Court is expected to soon rule on the indictment after the Podgorica High Court overturned the prior verdict at the end of last year, which had acquitted the elder Carević of charges, sentenced his son Milan to six months of house arrest, and imposed a fine of 100,000 euros on “Carinvest”.

In the main trial held in early April, the Kotor prosecutor’s office asserted that the Carevićs persisted in usurping state land and constructing illegal structures, continuing these actions last year.

Lawyer Mladen Perunicic, defending Carević, argued that the prosecution’s actions represented an “attempt to evade the statute of limitations for criminal prosecution.”

The public became aware of the Krimovica case in February 2020, when the Network for the Affirmation of the Non-Governmental Sector (MANS) brought it to light. However, it wasn’t until 2022 that the prosecution filed an indictment. A verdict was reached after two years but was subsequently overturned by the Podgorica High Court late last year.

The Kotor Prosecutor’s Office is charging the Carević brothers with the usurpation of state property and illegal construction, with the state, represented by the protector of property and legal interests, joining the prosecution.

Properties Built, Paved, and Planted in 2024.

The Kotor prosecutors announced in early April that Carević’s company had unlawfully occupied state property, erecting 11 buildings covering a total area of 5,066 square meters. From December 27, 2018, Milan Carević, as the responsible party in ‘Carinvest’, allegedly acted contrary to the Law on Spatial Planning and Construction of Buildings by commencing construction on two buildings measuring 1 square meter each on cadastral plot 2018/1142 KO Krimovice, owned by Montenegro.

Additionally, he reportedly began construction on one building with a base area of approximately 30×20 square meters on cadastral plot 1140/1, and then, during 2021 and 2022, initiated work on buildings 14 (971 square meters) and 15 (92 square meters) without first submitting construction applications and documentation. The defense trial minutes obtained by “Vijesti” detail how defendants Carević Marko and Carević Milan acted on behalf of ‘Carinvest’ on several other cadastral plots in Krimovica, building macadam and asphalt roads along with necessary infrastructure connecting the buildings to form a unified complex since 2015.

According to the prosecution, between 2018 and 2020, the Carevićs paved roads on state-owned plots and continued land preparations for planting olive trees.

“…They continued to cascade the terrain during 2019, 2020, 2021, 2022, 2023, and 2024, thereby illegally occupying land totaling 537,231 square meters, which benefited the defendant legal entity Carinvest doo Kotor. The relevant plots 1140/1 and 1142/1 KO Krimovice with the constructed facilities and olive groves represent the maritime domain as lands for special purposes, in accordance with the Maritime Domain Act. The defendants were fully aware of their actions and intended to proceed, despite being aware of the prohibitions,” emphasized prosecutor Maja Radjenović Drakulić at the beginning of April.

The Statute of Limitations Has Expired, and There Was No Warning.

The defendants’ attorney, Mladen Peruničić, remarked that this was a “desperate attempt to attribute any actions by the defendants on the subject plots as illegal occupation of land.”

“The Higher Court’s legal conclusion clearly states that the absolute statute of limitations for criminal prosecution related to the illegal occupation of land has expired. The defense anticipates that this proceeding will ultimately conclude with the dismissal of charges due to the statute of limitations as the evidence confirms that the defendants did not commit the alleged offense,” stated Peruničić.

He also noted that the statute of limitations pertaining to Marko Carević has expired.

“The statute of limitations has similarly expired for Milan Carević and the accused legal entity because this is a basic form of the alleged offense. Regardless of the expiration of the statute of limitations, the defense has demonstrated that the defendants did not engage in illegal land occupation. The defendants have maintained that they have been negotiating with the relevant ministry since 2014 and have undertaken specific works on the disputed land, which is not classified within the Coastal Zone. Throughout this process, the state of Montenegro, as the injured party, has not warned the defendants about any illegal actions, but in fact, has provided verbal assurances permitting their activities in the area,” he concluded.

He added that “this procedure has received more media attention than any other serious criminal case, leading to constant violations of the presumption of innocence.”

“The defense hopes that the court will resist public pressure and reach a just ruling,” said Carević’s attorney.

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