Pavličić: Criminal policy must clearly show that no public office is a privilege above the law
The Supreme Court of Montenegro has adopted Sentencing Guidelines in high-level corruption cases, with the aim of harmonizing judicial practice, strengthening criminal policy, and more effectively deterring corruption.
According to the statement, the guidelines will apply to criminal offenses prescribed by the Criminal Code of Montenegro, including abuse of office, fraud in office, unlawful influence, incitement to unlawful influence, receiving bribes, and giving bribes.
- The document is based on key principles of proper sentencing, including deterrence and prevention, proportionality to the harm caused, confiscation of unlawfully obtained assets, as well as rehabilitation in the case of individuals - the Supreme Court added.
The President of the Supreme Court Valentina Pavličić emphasized that the goal of drafting the Guidelines is to improve criminal policy in high-level corruption cases, given the deep and long-lasting negative impact of such offenses on society, the legal order, and public trust in institutions.
Proper sentencing, which is deterrent, proportionate, and consistently applied, as she stated, has a strong preventive effect and confirms the state’s commitment to protecting the rule of law and the public interest.
- Criminal policy in the area of high-level corruption must clearly demonstrate that no public office represents a privilege above the law, but rather responsibility before the law, and that the legal system has effective, proportionate, and deterrent mechanisms to protect the public interest and citizens’ trust - said Pavličić.
As highlighted, the drafting of the Guidelines also represents an important step in meeting the final benchmarks in negotiation Chapters 23 and 24, as well as obligations arising from national strategic documents and European Commission reports, which point to the need to improve criminal policy and ensure the consistent application of the principles of proportionate and deterrent punishment in corruption cases, as well as serious and organized crime.
- The Guidelines will provide judges with a clear and practical framework that will contribute to consistent, proportionate, and fair sentencing in high-level corruption cases, while fully respecting judicial independence, strengthening public trust in the judiciary, and achieving effective deterrence of future unlawful conduct - the statement concludes.