The State Prosecutor’s Office is a unique and independent state body that prosecutes perpetrators of criminal offences and other punishable offences that are prosecuted ex officio. The heads of state prosecution offices and state prosecutors perform the tasks of the State Prosecutor’s Office. The Supreme State Prosecutor is elected and dismissed by the Parliament of Montenegro after a hearing in the competent working body of the Parliament on the proposal of the Prosecutor’s Council, following a public invitation. The Supreme State Prosecutor and heads of state prosecution offices are elected for five years. The function of the state prosecutor is permanent. Exceptionally, a person selected for the first time as a state prosecutor is elected for four years. The head of the State Prosecutor’s Office and the State Prosecutor shall cease to function and be relieved of their duties in cases and according to the procedure prescribed by law. The head of the state prosecution and the state prosecutor shall be dismissed from office if he is sentenced to unconditional imprisonment by a final judgment.
The Prosecutor’s Council ensures the independence of the State Prosecutor’s Office. The Supreme State Prosecutor presides over the Prosecutor’s Council, except in disciplinary proceedings. The composition, election, mandate, organization and way of working of the Prosecutor’s Council are regulated by law.
Prosecutorial Council:
1) determines the proposal for the election of the Supreme State Prosecutor;
2) elects and dismisses heads of state prosecution offices and state prosecutors;
3) determines the termination of the function of the heads of state prosecution offices and state prosecutors;
4) proposes to the Government the amount of funds for the work of the State Prosecutor’s Office;
5) submits to the Assembly an annual report on the work of the State Prosecutor’s Office;
6) performs other duties established by law.
The Prosecutor’s Council decides by majority vote of all members. The head of the State Prosecutor’s Office and the State Prosecutor enjoy functional immunity. They cannot be called to account for an opinion or a decision to exercise their function unless it is a criminal offence. The head of the State Prosecutor’s Office and the State Prosecutor may not perform parliamentary or other public functions or other professional activities.
B.P.