Montenegro

National Conference on International Legal Assistance in Criminal Matters

Following Montenegro’s adoption of the Law on International Legal Assistance in January 2008 and its accession to relevant international multilateral agreements pertaining to legal assistance in criminal matters, the Ministry of Justice of Montenegro, in cooperation with the OSCE and the UNDP organized a National Conference ”International Legal Assistance in Criminal Matters”, with the main goal to present and promote the Handbook on International Legal Assistance in Criminal Matters and the UN Mutual Legal Assistance Request Writer Tool.

Understanding the need for improvement of the international legal cooperation, especially in criminal matters as important precondition for efficient fight against transnational crime, and having in mind difficulties when offering or demanding legal assistance from other countries, the Conference is organised to present and promote the recently completed Handbook on International Legal Assistance in Criminal Matters and The UN Mutual Legal Assistance Request Writer Tool.

The Tool is an instrument developed by the United Nations Office on Drugs and Crime (UNODC), for use by the criminal justice system practitioners, and the Conference is designated for judges and prosecutors and other legal professionals who take part in procedure of providing legal assistance. It aims at facilitating their work and improving the procedure for providing international legal assistance in criminal matters in line with the international agreements, and in favor of faster completion of court procedures.

The Handbook on International Legal Assistance in Criminal Matters was presented by Ms. Snežana Maraš, Independent Advisor in the Ministry of Justice of Montenegro, and Mr. Cristian Gimenez, Legal Officer in the United Nations Office on Drugs and Crime (UNODC) in Vienna  introduced the UN Mutual Legal Assistance Request Writer Tool.

The conference assessed that the promotion of the international legal assistance in criminal matters was a prerequisite for an efficient fight against international crime.  

„Understanding the importance and the need to strengthen international legislative cooperation, and having in mind the amount of problems and shortcomings that occur when offering or demanding legal assistance from other countries, the Ministry of Justice started developing the Handbook on International Legal Assistance in Criminal Matters, with an aim to present a brief overview of various forms of international legal assistance in criminal matters (extradition, transfer of convicts, handing over and taking over criminal prosecution cases, enforcement of foreign criminal judgements), as well as an overview of legal bases for offering legal assistance,“ explained Ms. Branka Lakočević, Deputy Minister of Justice of Montenegro in her opening address. “In order to emphasize the importance of the international legal assistance, it is important to mention that some 6.500 requests have been forwarded via Montenegrin Ministry of Justice in the framework of the international legal assistance. More precisely, 2.950 of the requests referred to the legal assistance in criminal matters and about 3.500 requests regarding civic matters,” said Deputy Minister Lakočević.

 

Ms. Sandra Horina, Head of Section for the Rule of Law and Human Rights, OSCE Mission to Montenegro highlighted that the OSCE has been continuously assisting the overall reform of the Montenegrin judiciary. Speaking about the difficulties in offering or demanding legal assistance from other countries, she announced a legal conference aiming at promoting cooperation in criminal matters. „Cooperation is necessary to increase the efficiency of judiciary,“ said Ms. Horina and she added: „The Handbook on International Legal Assistance in Criminal Matters should serve as a means to improve efficiency in meeting the obligations with relation to the international legal assistance in terms of organised crime, corruption and war crimes. I hope that the Handbook, as well as the UN Mutual Legal Assistance Request Writer Tool, will help its users to get a much more efficient and simplified cooperation on these subjects with other countries.”

 

 

 

Mr. Francisco Roquette, UNDP Deputy Resident Representative said he was proud to announce that with and in the Ministry of Justice of Montenegro, the UNDP recently started with the implementation of a project for strengthening the capacities of the Ministry of Justice, supported by the Government of Norway. Speaking about the partnership between the UNDP and the Ministry of Justice, Mr. Roquette also said: “The aim of this project is to assist the Ministry of Justice to better respond to the EU integration process as a whole and to further develop the organizational and management structure of the Ministry. This so the Ministry can efficiently deliver its role as the leader in the judicial reform of this country.” The activities will focus on the strengthening of the Ministry’s capacities to plan, develop and implement the European integration measures and international legal assistance/co-operation policies. “The activities will also include modernization of the Ministry’s information technology and the improvement of the public relations promotion of the Ministry,” Mr. Roquette explained.

 

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For nearly five years UNDP has been supporting the Judicial Reform in Montenegro. With the Ministry of Justice as our main partner and actor, we are implementing several projects in this field, some of which are: “Strengthening the capacities of the judiciary to fight corruption and organized crime” and “Reform of the legal aid system in Montenegro: creating an effective and sustainable system of providing legal aid”.