Judiciary – Montenegro Anti Corruption Institutional Framework

Specialized Courts:

– Specialized Division of the High Court in Podgorica and Bijelo Polje (Viši sud u Podgorici i Bijelom Polju) – click for more information



Email: visisud@sudstvo.me

General information

High courts are established as:
High court in Bijelo Polje – for the territories of basic courts of the municipalities of Bijelo Polje, Berane, Žabljak, Kolašin, Plav, Pljevlja and Rožaje; and High Court in Podgorica – for the territories of basic courts in Podgorica, Bar,
Danilovgrad, Kotor, Nikšić, Ulcinj, Herceg Novi and Cetinje.

Level of Independence

– Permanence: Law on Courts (Venice Commission) in 10 December 2015 gave the High Courts the competencies:

a) to hear and determine at first instance in criminal proceedings for criminal offences
punishable by law by imprisonment in excess of 10 years as principal punishment, regardless of
the character, profession and position of the person against whom the proceedings are
conducted and regardless of whether the criminal offence was committed in peace, state of
emergency, in a state of imminent war danger or in a state of war, and for criminal offences of:
-endangering the safety of air traffic,
-unauthorised production, keeping and putting into circulation of narcotic drugs,
-calling for violent change of constitutional order,
-disclosure of confidential data,
-instigation of ethnic, racial and religious hatred, discord and intolerance,
-violation of territorial sovereignty,
-associating for anti-constitutional activity,
-preparing acts against the constitutional order and security of Montenegro,
-against humanity and other values guaranteed by international law;

2) to hear and determine at first instance those criminal offences which are by special
legislation prescribed to fall within the jurisdiction of high courts;
3) to decide at second instance on appeals against decisions rendered by the basic
4) to conduct a procedure of determining the circumstances regarding the request for
extradition of accused and convicted persons and the procedure of recognition and enforcement
of foreign judgements in criminal matters;
5) to resolve conflict of jurisdiction between basic courts from their territory;
6) to decide on requests for expunging of sentence based on judicial decision and on
requests for termination of security measures or legal consequences of sentence regarding the
prohibition to acquire certain rights, when high court has pronounced such sentence or measure;
7) to perform duties of international criminal legal assistance in criminal matters under a
letter rogatory for hearing a person, conducting special evidentiary actions, as well as other
forms of international criminal legal assistance;
8) to perform other duties laid down by law.
Regardless of the rules on the territorial jurisdiction, the High Court in Podgorica shall
hear and decide the criminal proceedings conducted for the following criminal offences:
1) organised crime regardless of the severity of prescribed punishment;
2) High-level corruption:
a) If a public official committed the following criminal offences:
– abuse of official position,
– fraud in the conduct of official duty,
– illegal influence,
– incitement to illegal influence,
– passive bribery,
– active bribery.
b) If the material gain exceeding the amount of forty thousand euros was obtained
through the commission of the following criminal offences:
– abuse of position in business operations,
– abuse of powers in economy.
3) money laundering;
4) terrorism; and
5) war crimes.
For the purpose of conducting trials for the criminal offences referred to in paragraph 2 of
this Article, a special division shall be established in the High Court in Podgorica.

– Appointment: President of the Court is elected by the Judicial Council after a public announcement

– Removal:

(1) A judge shall be dismissed and removed from office for reasons and due to

events specified in the Constitution.

(2) An initiative for the dismissal of a judge may be submitted by the president of

the court in which the judge performs his/her judicial duties, the president of the court of

the next higher instance, the President of the Supreme Court and other members of the

Judicial Council.

– Immunity: Yes

– Financial Autonomy: budget adopted in standard procedure

The funds for the work of courts shall be provided from a special section of the Budget of Montenegro, as a separate programme for each court. The Judicial Council shall submit the proposal for the section of the budget referred to in
paragraph 1 of this Article to the Government of Montenegro