Dušan Drakić reported for abuse of office at the APC
A criminal complaint has been filed with the Special State Prosecutor’s Office against the now former acting director of the Agency for Prevention of Corruption, Dušan Drakić, for abuse of office, Portal ETV has learned after reviewing the complaint submitted in early March.
According to the allegations in the complaint, Drakić abused his official position by withdrawing a lawsuit before the Administrative Court, thereby preventing judicial review of the decision of the Disciplinary Commission, which enabled him and other officials to avoid disciplinary proceedings.
Drakić is no longer at the head of the Agency as of two days ago. He has been succeeded by Kristina Braletić, while Drakić, after interviews with candidates, received only one vote from members of the APC Council in the selection for a full-term director.
Allegations from the criminal complaint
The criminal complaint reviewed by Portal ETV accuses Dušan Drakić, then acting director of the Agency for Prevention of Corruption of Montenegro, of knowingly and intentionally abusing his official position in order to avoid disciplinary responsibility - both his own and that of several other officials involved in the same proceedings.
Initiation and course of the disciplinary proceedings
According to the complaint, the Agency initiated disciplinary proceedings as early as November 8, 2023, against Drakić and several employees for a serious breach of official duty (Article 95, paragraph 1, item 9 of the Law on Civil Servants and State Employees).
However, on June 14, 2024, the Disciplinary Commission issued a partial decision rejecting the initiation of those proceedings.
Proceedings before the Administrative Court
Against that decision, the Agency filed a lawsuit with the Administrative Court of Montenegro on August 6, 2024, seeking its annulment and the continuation of disciplinary proceedings. However, on September 25, 2024, Dušan Drakić, acting in his capacity as acting director of the Agency, withdrew the lawsuit and proposed termination of the proceedings. On November 4, 2024, the Administrative Court issued a decision suspending the case.
Consequences of withdrawing the lawsuit
In this way, as stated in the complaint, Drakić directly prevented judicial review of the legality of the Disciplinary Commission’s decision, allowing it to become final.
As a result, disciplinary proceedings against him and the other officials were not conducted, effectively releasing all those involved from potential responsibility.
Legal qualification of the act
The complaint claims that through these actions, Drakić obtained unlawful benefit for himself and others in the form of a privilege - avoiding disciplinary proceedings and responsibility - which constitutes the criminal offense of abuse of office under Article 416 of the Criminal Code of Montenegro.
Proposal to the competent authorities
Finally, it is proposed that the competent authorities obtain complete documentation from the Administrative Court in order to fully establish the facts and circumstances of the case.