SUPREME COURT OF MONTENEGRO

JUDICIAL TRAINING CENTRE

At the session of the Initial Training Programme Board, under Article 22 of the Law on the Training in Judicial Authorities and Annual Training Programme for 2013 adopted by the Coordinating Committee of the Judicial Training Centre, the Initial Training Programme Board adopted, on 05 February 2013, the following

INITIAL TRAINING PROGRAMME FOR 2013 AND THE IMPLEMENTATION PLAN

CRIMINAL LAW

The following ten (10) modules will be implemented in the field of criminal law:

I MODULE

- general provisions of the Criminal Procedure Code,

- authorisations and actions of the police in preliminary investigation,

- deprivation of liberty and police custody,

- criminal charges and actions of prosecutor concerning such charges,

- deferred criminal prosecution.

Lecturers: Veselin Vučković and Sonja Bošković, deputy Supreme Public Prosecutors

Venue: Podgorica

II MODULE

- investigation,

- authorisations of public prosecutor and investigative judge,

- recess of investigation,

- completion of investigation,

-measures for ensuring presence of the accused person for the purpose of conducting criminal proceedings without any obstacles.

Lecturers: Radule Kojović and Petar Stojanović, judges of the Supreme Court of Montenegro

Venue: Podgorica

III MODULE

- evidence collection procedures,

- who is authorised to initiate them and the manner of conducting them,

- secret surveillance measures.

Lecturers: Radule Kojović and Petar Stojanović, judges of the Supreme Court of Montenegro

Venue: Podgorica

IV MODULE

- seizure of objects, proceeds of crime and assets,

- confiscation of proceeds of crime,

- confiscation of assets whose legal origin has not been proven,

- bona fide protection of third parties,

- victim and confiscation of proceeds of crime,

- financial investigation,

- organised crime.

Lecturers: Veselin Vučković and Sonja Bošković, deputy Supreme Public Prosecutors

Venue: Podgorica

V MODULE

- indictment and review of the indictment,

- plea bargaining,

- main hearing,

- conducting the main hearing,

- presentation of evidence during the main hearing,

- records of the main hearing.

Lecturers: Radule Kojović and Petar Stojanović, judges of the Supreme Court of Montenegro

Venue: Podgorica

VI MODULE

- judgment,

- types of judgment,

- writing the judgment,

- commenting the judgments.

Lecturers: Radule Kojović and Petar Stojanović, judges of the Supreme Court of Montenegro

Venue: Podgorica

VII MODULE

- criminal offence,

- culpability,

- attempted criminal offence,

- complicity in criminal offence,

- punishments and fixing the punishments,

- reoffending, concurrence and continuing criminal offence.

Lecturers: Radule Kojović and Petar Stojanović, judges of the Supreme Court of Montenegro

Venue: Podgorica

VIII MODULE

- criminal offences against computer data security,

- digital evidence.

Lecturers: local lecturers for this field

Venue: Podgorica

IX MODULE

- warning measures,

- security measures,

- rehabilitation,

- statute of limitations of criminal prosecution.

Lecturers: Radule Kojović and Petar Stojanović, judges of the Supreme Court of Montenegro

Venue: Podgorica

X MODULE

- The Law on the Treatment of Juveniles in Criminal Proceedings.

Lecturers: from the list of lecturers

Venue: Podgorica

CIVIL LAW

The following six modules will be implemented in the field of civil law:

I MODULE

- claim,

- types of claims,

- content of the claim,

- initial examination of the claim and measures for elimination of flaws in the claim,

- response to the claim,

- procedural and substantive complaints.

Lecturers: Julka Badnjar and Vesna Begović, judges of the Supreme Court of Montenegro

Venue: Podgorica

II MODULE

- service,

- preparatory hearing,

- main hearing,

- evidence and presentation of evidence,

- abuse of procedural rights and its prevention,

- passing the judgment,

- types of judgments.

Lecturers: Julka Badnjar and Vesna Begović, judges of the Supreme Court of Montenegro

Venue: Podgorica

III MODULE

- preparing and writing first instance decision.

Lecturers: Julka Badnjar and Vesna Begović, judges of the Supreme Court of Montenegro

Venue: Podgorica

IV MODULE

Non-contientious proceedings:

- initiating the proceedings and parties to non-contientious proceedings,

- differences between civil and non-centientious proceedings.

Enforcement proceedings:

- new provisions of the Law on Enforcement and Security.

Lecturers: Julka Badnjar, judge of the Supreme Court of Montenegro and Dragana Đuranović, judge of the High Court in Podgorica

Venue: Podgorica

V MODULE

- contracts of absolute and relative nullity,

- compensation for damage under the Law on Obligations,

- compensation for intangible damage for the violation of human rights and fundamental freedoms, with focus on judgements of the European Court of Human Rights against Montenegro.

Lecturers: from the list of lecturers

Venue: Podgorica

VI - MODULE

- types of property,

- possession,

- claims filed for the purpose of protecting property and possession,

- child custody and support.

Lecturer: Vesna Begović, judge of the Supreme Court of Monenegro

Venue: Podgorica

EUROPEAN LAW

I MODULE

- European Union/EU law (instruments, specifics and fundamental principles),

- Court of Justice of the EU (set-up, competences and procedures),

- procedure of giving preliminary instructions,

- relation between the European Union law and national legislation and the role of national judge in enforcement of EU law.

Lecturers: from the list of lecturers

Venue: Podgorica


II MODULE

- European Convention for the Protection of Human Rights and Fundamental Freedoms (essential concepts and rights),

- level of harmonisation of national legislation with the European Convention for the Protection of Human Rights and Fundamental Freedoms,

- European Court of Human Rights (history, set-up, functioning, procedure, passing and enforcing judgments),

- enforcing judgements passed by the European Court of Human Rights.

Lecturers: from the list of lecturers

Venue: Podgorica

JUDICIAL SKILLS

I MODULE

I - communication skills

Lecturer (psychologist) introduces training participants with the communication skills (stereotypes and prejudices, active listening, assertive communication, stress and occupational burnout syndrome, recognising occupational stress) and discusses these topics with the participants.

II - forensic psychology

Lecturer (judge, psychologist) introduces training participants with psychological aspects of the main hearing:

- psychology in the courtroom,

- special rules for vulnerable parties to the proceedings: victims, juveniles,

-  skills of interrogating the accused person and the witness,

-  ways to impose and maintain order in the courtroom in accordance with procedural laws,

-  criteria for the evaluation of validity of statements made by the accused person and the witness,

-  risk assessment about whether the accused person will reoffend,

and discussion on these topics with the participants.

Lecturers: from the list of lecturers

Venue: Podgorica

II MODULE

- concept of law and rule of law,

- set-up and functioning of judiciary,

- judicial code of ethics,

- individual and institutional integrity.

Lecturers: Svetlana Vujanović, President of the Appellate Court of Montenegro and Veselin Vučković, deputy Supreme Public Prosecutor of Montenegro

Venue: Podgorica

The work during these sessions will take the form of lectures, exercises and simulations of procedural actions.

INITIAL TRAINING PROGRAMME BOARD

Stanka Vučinić, President

Petar Kapuci, member

Dušanka Radović, member

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