The Parliamentary Committee for Comprehensive Electoral Reform is set to present to the Ministry of Justice proposals from non-governmental organizations (NGOs) aimed at amending the Criminal Code (CC) of Montenegro, particularly concerning electoral rights. These proposals include, among other things, stricter penalties for bribery, the bribing of MPs and councilors, forging voter signatures, and illegal financing from abroad.

This was revealed to “Vijesti” by the Committee’s co-chairman Nikola Rakočević (Democratic Party of Socialists), who stated that the Ministry of Justice is tasked with these amendments, which are anticipated for the last quarter of this year.

Rakočević mentioned that he would urgently request the justice department’s attention because the Criminal Code falls outside the Committee’s jurisdiction, which focuses on electoral law reforms.

“We will swiftly ask for the proposed suggestions from the non-governmental sector, which naturally build upon the Law on Financing Political Entities and Election Campaigns, to be considered in the amendments to the Criminal Code,” stated Rakočević.

As reported by “Vijesti,” the Center for Democratic Transition (CDT) has proposed introducing four new provisions in the Criminal Code, along with amending an existing article. These new provisions are intended to address issues such as bribing for voting, bribing MPs or councilors, forging voters’ signatures for the electoral list, and hiding contributions and benefits, with an amendment suggested for Article 193v regarding contributions from prohibited sources, i.e., foreign funding.

He added that, at the initiative of the opposition, the CDT and the Center for Monitoring and Research (CEMI) submitted a set of “necessary amendments” to the Criminal Code to ensure that any violations by political parties during campaigns and their regular operations are duly sanctioned.

Words Confirmed in Practice

The Executive Director of CDT, Dragan Koprivica, told “Vijesti” that all political entities in Montenegro that have expressed opposition to election fraud now have a chance to demonstrate this commitment in practice.

“I see no reason anyone could oppose combating electoral crime, which has persisted for 25 years. All political entities in Montenegro, at least verbally, oppose vote buying, foreign money injections, hidden donations, signature forgery for elections, and bribing MPs and councilors. They now have the opportunity to advocate and confirm this commitment practically,” he stated.

Koprivica emphasized that the CDT’s proposals are not aimed at any specific political entity, whether governmental or opposition, but rather target criminals.

“Those who think that elections in Montenegro should still be won through illegal and dishonest methods must be challenged. It is crucial to acknowledge the European Union’s (EU) valid criticism of the inadequate framework for penalizing illegal financing of political entities and election campaigns. The current legal framework does not align with GRECO and ODIHR recommendations, lacking effective safeguards and penalties for breaching these rules,” Koprivica noted.

He stressed that comprehensive electoral reform implies improvements across all areas, including this one, with the main goal of establishing mechanisms required by the EU.

“The goal is to deter such actions and, if they occur, to empower police and prosecutors to act effectively against those attempting to alter the will of the citizens through crime. Without such protection, democracy itself is jeopardized, resulting in a loss of trust in institutions and denying citizens their right to vote,” he assessed.

Koprivica voiced his belief that “everyone is tired of the narrative” regarding the absence of legal grounds for prosecuting these acts, insufficient convictions, and the fact that illegal actions often go unpunished.

“Perpetrators frequently evade justice despite their attempts to undermine democracy—specifically, the will of the citizens,” he added.

He remarked that during discussions at the Committee regarding the Law on Financing Political Entities, the CDT highlighted the lack of a suitable sanctioning framework for criminal offenses concerning electoral rights.

“We were requested to provide a proposal, which we forwarded to the Board and the public. We prepared these solutions with expert cooperation and hope they can serve as a starting point for discussions on this critical aspect of reform,” he said.

Amendments in Line with the Constitution

CIVIS MP and member of the Committee for Comprehensive Electoral Reform, Maja Vučelić, told “Vijesti” that she expects the Committee to “carefully examine” all recommendations focused on combatting corruption. She emphasized that the fight against political corruption must remain a priority for institutions, provided that “any legal changes respect constitutional rights and the principle of legal certainty.”

“The CDT’s recommendations contribute to the public discourse surrounding political corruption and its punitive mechanisms. I welcome any initiative aimed at reinforcing the legislative framework in this domain,” she asserted.

However, she underscored the importance of “protecting fundamental democratic principles,” including the right of elected officials to serve without fear of criminal prosecution.

“Political affiliation and stance should never serve as grounds for initiating investigations absent clear and proven indications of criminal activity. Thus, I believe it is crucial to clearly differentiate between legitimate political affiliation, which can swiftly change context, and political corruption. We must avoid solutions that might lead to dangerous abuses of the law for political gain,” Vučelić stated.

She assessed that sanctioning political corruption, including influence peddling, vote buying, and misuse of public resources, must be clearly defined and vigorously pursued, while emphasizing that the fight against corruption must not become a means of settling scores with political opponents.

“It is therefore essential that any amendments to the Criminal Code align with the Constitution of Montenegro, international norms, and European practices. The Committee bears the responsibility of ensuring that the law does not serve as a tool for political pressure, but rather as a mechanism for safeguarding the electoral process’s integrity,” she remarked.

The Committee co-chairs did not provide responses to “Vijesti” regarding their acceptance of the CDT recommendations or their expectations for adoption. Vasilije Carapić (Europe Now Movement), along with members Ana Novaković Đurović (GP URA), Adrian Vuksanović (Croatian Civic Initiative), Jelena Kljajević (Democratic People’s Party), and Jovan Vučurović (New Serbian Democracy) were unable to answer the questions for personal reasons, as did Nikola Zirojević (Social Democrats), Nikola Rovčanin (Democrats), and Nikola Čamaj (Albanian Forum).

Criminal Liability

Committee member Admir Adrović (Bosniak Party) expressed to the newspaper that he finds the CDT recommendations acceptable.

“From my perspective, I support the CDT’s recommendations regarding amendments to the Criminal Code concerning recognizing criminal offenses associated with the electoral process. I believe that only by criminally prosecuting certain offenses occurring during elections could we effectively mitigate these issues,” he stated.

He articulated that preventing “criminal acts” during elections is only possible through establishing a system where violations of the law are not rewarding.

“While not everything can be standardized or anticipated, these changes would significantly enhance fairness in the electoral process,” he added.

In response to whether he anticipated the Committee adopting the recommendations, Adrović indicated his advocacy for their acceptance, “at least in some optimal version,” though he was uncertain if this would materialize within the Committee.

“I believe a higher-level political compromise is necessary for these changes,” he concluded.

CEMI: Penalizing Foreign Funding and Accepting Prohibited Contributions…

The recommendations sent to the Committee for Comprehensive Electoral Reform by CEMI highlight imposing fines and prison sentences for the illegal financing of political entities from abroad, exceeding the legally permissible contribution amounts, and accepting contributions from prohibited sources.

CEMI proposes a penalty of a fine or imprisonment of up to five years for illegal financing from abroad, whether from foreign entities, organizations, firms, anonymous donors, public institutions, state-owned companies, religious groups, NGOs, betting establishments, or the tobacco industry.

For those responsible within a political entity or legal entity, penalties of one to three years are suggested, along with potential activity bans.

For exceeding the legally allowed contribution amounts, penalties of six months to three years are proposed, along with one to three years in prison for responsible parties, including media and agencies.

Contributions from prohibited sources would be subject to confiscation, and an individual who knowingly accepted such contributions, especially from criminal activities, could face six months to five years in prison.

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