Montenegro’s Supreme State Prosecutor, Milorad Marković, has taken an important step towards combating domestic violence by issuing binding guidelines aimed at improving judicial practices and safeguarding victims. Guidelines for processing cases of domestic violence, which have been distributed to higher and basic state prosecutors, strive to standardise practices across the prosecution offices and ensure the use of effective mechanisms when addressing these crimes.
The Guidelines are aligned with international standards and were developed after a comprehensive analysis of previous prosecutorial practices. They focus on improving the consistency and effectiveness of the judicial response to domestic violence, one of the most pressing social issues in Montenegro today.
The fight against domestic violence — a strategic goal of the judiciary
Milorad Marković emphasised the critical importance of this step within the broader framework of Montenegro’s judicial strategy:
“Recognizing the prevalence of domestic violence in our society, I defined one of my key strategic goals, upon being appointed as Supreme State Prosecutor, as improving the State Prosecutor’s response to gender-based violence. The Guidelines for handling cases of domestic or family violence represent a vital part of that strategic commitment.”
He added: “That is why we aimed to ensure that the Guidelines, which are aligned with international standards, clearly, precisely, and in detail outline how state prosecutors in all offices should proceed in each individual case.”
Biljana Braithwaite, the AIRE Centre’s Western Balkans Programme Director, also noted the broader importance of the Guidelines.
“It is a crucial precondition for ensuring that survivors of domestic violence receive the protection and justice they deserve. It demonstrates a strong commitment to aligning national practices with international standards, which is essential for building a resilient and fair judicial system. Montenegro is setting an example for the region in addressing gender-based violence.”
Key provisions of the Guidelines
The Guidelines require state prosecutors to take special measures when a domestic violence case is reported, including:
Prompt victim interviews — Prosecutors are mandated to interview the victim without prior police questioning, where possible, to avoid unnecessary delays.
Victim protection —To protect the victim from further trauma, prosecutors must ensure that the victim does not encounter the accused within the prosecutor’s office. This measure is in line with the Council of Europe Convention on preventing and combating violence against women and domestic violence.
Risk assessments — Prosecutors are required to gather data on the risk to the victim, including previous reports of violence and any prior protective measures issued.
Pretrial detention — If there are grounds for detention, prosecutors are to propose its imposition or, if appropriate, propose supervision measures. Where applicable under the Law on Protection Against Domestic Violence, prosecutors must also request protective measures.
Child protection — If children witness the violence, or are victims or witnesses themselves, they must be interviewed with special care as prescribed by the The Law on Treatment of Juveniles in Criminal Proceedings.
Monitoring and coordination
In addition to standardising the treatment of domestic violence cases, the guidelines also mandate regular quarterly reports with updated data on cases of domestic or family violence to be submitted to the Supreme State Prosecutor’s Office. Marković stressed the importance of monitoring the implementation of these Guidelines:
“A system of supervision, reporting, and coordination has been established to ensure full implementation, consistent practice in line with the prescribed standards, and further improvement of both procedures and the guidelines themselves. Quality implementation also requires certain prerequisites, such as having a sufficient number of trained state prosecutors. This is why education on this subject is a part of our strategic plan.”
Marković emphasised that, although the prosecution offices are taking all measures within their competence, addressing domestic violence requires a coordinated approach from all institutions involved in this process.
“We cannot expect results overnight and establishing standards, conditions, and prosecutorial practices is a process that takes time, but I believe that by issuing these Guidelines, we have made a significant step forward. Since we share the same problems with countries in the region, our activities might also serve as an incentive for our colleagues in the region. We are ready to share our experiences and challenges”, he concluded.
