Lawyer Dr Milos Vukcevic said that Montenegro’s Law on Pardon does allow exemption from criminal prosecution under Article 17, but only through a strictly limited mechanism intended to protect state interests, not private individuals. He stressed that the provision can be activated solely by the Minister of Justice, ex officio, and only in exceptional cases where continuing proceedings would seriously endanger public interest, national security, international relations, or other vital state functions.
Commenting on the case of former minister Vesna Bratic, Vukcevic supported Justice Minister Bojan Bozovic’s decision not to initiate the procedure, arguing that no overriding state interest justifies halting the prosecution. Without the minister invoking Article 17, the president has no legal authority to grant a pardon before a final verdict, he added, emphasising that this safeguard protects the rule of law from political misuse.
He also noted that in cases involving abuse of office, detention is not always necessary, arguing that courts in Montenegro too readily order custody instead of applying less restrictive measures such as house arrest or bail.
