Principle of opportunity of prosecution in the Criminal Procedure Legislation of Montenegro

Abstract

The subject of this paper is the professional and scientific analysis of the principle of opportunity from the criminal procedural, criminal political and practical point of view. The introductory part gives an overview of the principle of opportunity as one of the instruments which contribute to the efficiency of the criminal procedure. It also states the purpose of its introduction into the legislation, along with the reasons that the legislator was guided by at the time of its adoption. The application of this principle is bounded by the scope of the principle of officiality of criminal prosecution, since it refers only to acts prosecuted ex officio. We analyse the relationship of this principle with the principle of legality of criminal prosecution, as well as with the institute of insignificant social danger as the basis for nullifying a criminal offence. The second part of the paper is dedicated to the analysis of this principle in the criminal procedural legislation of Montenegro in the light of the Criminal Procedure Code, starting with the 2003 version and up to the most recent one, since the provisions regarding this institute have changed. The most important change is that the legal framework for the application of this institute has constantly been expanded. The last part of the paper provides research on the practical application of the opportunity of criminal prosecution.