- Status and responsibility (Article 134, The Constitution of Montenegro, “Official Gazette of Montenegro”, No. 01/2007)
The State Prosecution shall be a unique and independent state authority that performs the affairs of prosecution of the perpetrators of criminal offenses and other punishable acts prosecuted by virtue of office.
- Appointment and mandate (Amendment X to the Constitution of Montenegro, “Official Gazette of Montenegro”, No. 38/2013)
The affairs of the State Prosecution shall be carried out by the heads of the state prosecution offices and state prosecutors.
The Supreme State Prosecutor shall be elected and released from duty by the Parliament of Montenegro after the hearing with the competent working body of the Parliament, at proposal of the Prosecutorial Council, upon the announced public invitation.
The Supreme State Prosecutor and the heads of state prosecution offices shall be elected for the period of five years.
The function of the state prosecutor is permanent. Exceptionally, the person that is elected the state prosecutor for the first time shall be elected for the period of four years.
The term of office of the head of the state prosecution office and the state prosecutor shall cease or the same shall be released from duty in the cases and according to the procedure as defined by law.
The head of the state prosecution office and the state prosecutor shall be released from duty if they are convicted to effective prison term by the final and binding judgment.
- Rights and Duties of the State Prosecutor (Article 44 of the Criminal Procedure Code, “Official Gazette of Montenegro”, No. 57/2009)
(1) The basic right and the main duty of the State Prosecutor shall be the prosecution of criminal offenders.
(2) For criminal offences prosecuted by virtue of office, the State Prosecutor shall be competent to:
- issue binding orders or directly manage the activities of the administrative authority competent for police affairs (hereinafter: the police authorities) in the preliminary investigation;
- render decisions on the postponement of criminal prosecution, when envisaged so by the present Code and reject criminal charges for reasons of fairness;
- order the investigation to be conducted, conduct the investigation and perform urgent evidentiary actions during the preliminary investigation;
- conclude agreements on the admission of guilt with accused persons, in line with the present Code, after having collected evidence in line with the present Code;
- present and represent indictments, i.e. bills of indictment before competent courts;
- lodge legal remedies against judgments and
- undertake other actions provided for by this Code.