N8.T1 – The Appellate Court Confirms: Seven Months in Prison for Prosecutor Mitrović
HRA NEWSLETTER 8 – TOPIC 1
The suspended special state prosecutor Lidija Mitrović was sentenced to seven months in prison for the prolonged criminal offence of abuse of official position. In a repeated procedure, the Appellate Court of Montenegro confirmed the verdict of the High Court in Podgorica from December last year, making it legally binding.
According to the indictment, in the period from November 2020 to December 2021 Mitrović suspended the criminal proceedings against four persons who were suspected of tax evasion (N.P, Z.B, S.B. and P.R.), making it possible for them to acquire gains.
“Acting contrary to the provisions of the Criminal Procedure Code and the Rulebook on Deferred Criminal Prosecution, she issued four decisions rejecting criminal charges against the above mentioned persons for the criminal offence of tax and contributions evasion even though she was aware of the fact that said persons were reasonably suspected of having committed the criminal offence of tax and contribution evasion, regarding which the institute of deferred prosecution cannot be applied”, stated the Appellate Court.
The Court felt that a sentence of seven months in prison was appropriate, and that it would have an effect on Mitrović.
“In the opinion of the Appellate Court, the seven-month prison sentence is proportionate to the seriousness of the criminal offence and the degree of guilt of the defendant, which is why it can be rightly expected that the purpose of the punishment will be achieved with such a measured prison sentence, i.e. that it will deter the defendant, as well as others, from committing criminal offences in the future.”
During the repeated proceedings before the High Court in Podgorica, the convicted prosecutor denied the accusations, claiming that the four accused persons did not commit the criminal offence because they allegedly were not even engaged in a taxable business activity.
In June 2023, the Prosecutorial Council suspended special prosecutor Lidija Mitrović after criminal proceedings were initiated against her for an act that, according to the law, makes her unworthy of performing prosecutorial duties. Since a final conviction was issued in the meantime, this is the most serious disciplinary offence in terms of Article 108 of the Law on the State Prosecutor’s Office. Pursuant to Article 109, a measure of dismissal is prescribed for such offences, and it is expected that the Prosecutorial Council will impose this measure in the upcoming period.
The judgment against Lidija Mitrović is the first legally binding judgment issued against a state prosecutor in Montenegro for a criminal offence related to the discharge of prosecutorial duties. First-instance court proceedings against former Chief Special Prosecutor Milorad Katnić and former Special Prosecutor Saša Čadjenović are pending as well.
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