N1.T10 – SPECIAL STATE PROSECUTOR FACES SEVEN-MONTH SENTENCE FOR ABUSE OF OFFICE IN LATEST CONVICTION
HRA NEWSLETTER 3 – TOPIC 10
In repeated proceedings before the High Court in Podgorica, suspended Special State Prosecutor Lidija Mitrović has been sentenced to seven months in prison for abuse of official position. The charges against her stemmed from her decision to suspend criminal proceedings against four individuals suspected of tax evasion between November 2020 and December 2021. Mitrović allegedly invoked the institute of deferred prosecution despite the fact that the statutory requirements for such a decision were never satisfied.
In delivering the verdict, Judge Nenad Vujanović emphasized that Mitrović did not possess the authority to make such a decision as there were no conditions present for applying the deferred prosecution measure. Mitrović, however, denied the accusations, arguing that the individuals involved had not committed a criminal offense because they were not engaged in taxable business activities.
Following the verdict, Mitrović’s defense attorney announced plans to file an appeal with the Appellate Court. Notably, the Appellate Court previously annulled the first instance verdict that had initially sentenced her to seven months in prison, citing violations of the procedure and ordering a new trial.
Last year, the Prosecutorial Council made the decision to temporarily suspend Mitrović from her role as special prosecutor due to her negligent performance of duties.
This case continues to unfold and highlights ongoing concerns regarding legal accountability and the integrity of judicial processes within the Montenegrin legal system.
