M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 32 – Financial control Bilateral screening: Chapter 32 PRESENTATION OF MONTENEGRO Brussels, 19 June 2013

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control PFI Convention and Protocols Duska Velimirovic Adviser Ministry of Justice

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 41995A1127(03) Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests 41996A1023(01) Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests 41997A0719(02) Second Protocol, drawn up on the basis of Article K.3 of the treaty on European Union, to the Convention on the protection of the European Communities' financial interests LEGAL FRAMEWORK Consititution (Official Gazette of Montenegro, ref. 1/2007) Criminal Code (“Official Gazette Of Montenegro”, ref. 70 /2003, 13/2004, 47/2006 and “O.G.", ref. 40/2008, 25/2010 and 32/2011) Criminal procedural Code (“Official Gazette Of Montenegro”, ref. 57/2009 and 49/2010.) Law on Liability of Legal Persons for Criminal Offences (“Official Gazette of the Republic of Montenegro”, ref. 2/2007, 13/2007 and 30/2012) Law on Mutual Legal Assistance in Criminal Matters (“Official Gazette of Montenegro”, ref. 4/2008)

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 41995A1127(03) Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests CRIMINAL CODE Art. 244, 245, 264, 265 correspond to Art. 1 and 2 of the PFI Convention Art.142 para. 3 and 4 correspond to Article 3 of the PFI Convention Art. 134 – 138 corespond to Art. 4 and 5 of the PFI Convention CONSTITUTION Article 36 corresponds to Article 7 of the Protocol to PFI Convention LAW ON LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES Art. 4 para. 2 correspond to Article 3 of the PFI Convention LAW ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS Art.5-33 correspond to Article 5 of the PFI Convention Art. 11 para. 1 sub. 5 corresponds to Article 7 of the PFI Convention

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 41996A1023(01) Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests CRIMINAL CODE Art. 423, 142 para. 3 sub. 5a correspond to Art. 2, 4, 5 of the Protocol to PFI Convention Art. 424, 142 para. 3 sub. 5a correspond to Art. 3, 4, 5 of the Protocol to PFI Convention Art correspond to Article 6 of the Protocol to PFI Convention LAW ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS Art correspond to Article 5 of the Protocol to PFI Convention Art. 11 para. 1 sub. 5 corresponds to Article 7 of the Protocol to PFI Convention CONSTITUTION Article 36 corresponds to Article 7 of the Protocol to PFI Convention CRIMINAL PROCEDURAL CODE Article 6 corresponds to Article 7 of the Protocol to PFI Convention

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control 41997A0719(02) Second Protocol, drawn up on the basis of Article K.3 of the treaty on European Union, to the Convention on the protection of the European Communities' financial interests CRIMINAL CODE Article 268 corresponds to Article 2 of the Second Protocol to PFI Convention Art. 75, 112, 113 correspond to Article 5 of the Second Protocol to PFI Convention LAW ON LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES Art. 3, 5, 6 para. 2, 9 para. 1, 11 para. 1, 44 correspond to Article 3 of the Second Protocol to PFI Convention Art correspond to Article 4 of the Second Protocol to PFI Convention Art. 30, 35, 36 correspond to Article 5 of the Second Protocol to PFI Convention CRIMINAL PROCEDURAL CODE Art correspond to Article 5 of the Second Protocol to PFI Convention

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 32: Financial control Chapter 32: Financial control INSTITUTIONAL FRAMEWORK Court State Prosecutor’s Office Police Directorate Ministry of Justice 41995A1127(03) Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests 41996A1023(01) Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests 41997A0719(02) Second Protocol, drawn up on the basis of Article K.3 of the treaty on European Union, to the Convention on the protection of the European Communities' financial interests

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FUTURE PLANS AND ACTIVITIES Addoption of Criminal Code Amendments– in procedure Implementation of legislation Continious training Follow–up EU standards Chapter 32: Financial control Chapter 32: Financial control 41995A1127(03) Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests 41996A1023(01) Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests 41997A0719(02) Second Protocol, drawn up on the basis of Article K.3 of the treaty on European Union, to the Convention on the protection of the European Communities' financial interests

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