Court to Deliver Verdict for Former Police Director on December 25

A verdict is set to be delivered on December 25, 2023, for Slavko Stojanović, the former director of the Police Administration of Montenegro. Stojanović faces charges related to the abuse of his official position in connection with a cigarette smuggling case from March 2018. The ruling follows a single previous hearing, which complied with the directives of the Appellate Court that annulled an earlier sentence of three years and eight months.

During the latest session, financial expert testimony was presented, leading to a revised assessment of damages incurred by the state. Special State Prosecutor Ivan Medojević updated the factual description of the indictment, stating that the state was actually harmed by €118,555.80 instead of the previously mentioned €126,000. Medojević reaffirmed his position based on the conclusions drawn during the main trial preceding the initial verdict.

The representative for Montenegro’s property rights interests agreed with the prosecutor’s assessment, seeking that Stojanović be ordered to repay the state and be found guilty under the law. In contrast, Stojanović’s defense attorney, Miroslav Adžić, maintained the earlier closing statement. He argued that if the court confirms the presence of 120 cigarette packs in the truck and accepts the financial expert’s assertions, then there would be no elements of a criminal offense for the alleged abuse of official position.

Before presenting the final remarks, Stojanović’s defense proposed introducing new evidence—two letters from the Ministry of Finance. As the prosecution did not oppose this, the court permitted the reading of these documents. The letters indicated that the brand of cigarettes in question, FM, was not authorized for import and distribution in Montenegro, which, according to the documents, negated any obligation to pay customs duties, VAT, or excise taxes.

Financial expert Nemanja Dragović clarified that records indicated there had been imports of FM cigarettes during the relevant period. He referenced an invoice dated August 29, 2018, which showed that a company named “West Point” from Podgorica had procured FM Blue, FM Pink Slim, and FM Blue Slims.

The court acknowledged that the Customs Administration’s documents indicated FM cigarettes were present in warehouses for further transport, but no licenses existed for their sale in Montenegro during that timeframe. Adžić questioned whether customs duties, VAT, and excise taxes were applicable if the goods were not intended for sale in the country. The expert responded that, in cases where goods were meant for re-export, such obligations did not apply. However, he added that when it comes to excise goods whose import is prohibited and are outside customs supervision, the assessment of damages follows rules for legal imports.

Dragović detailed that the amount of €1,050 noted in his report pertained to the price of one package of 500 packs, calculated based on the average retail price determined by the Montenegrin government, which is €2.14 per pack. The total value of one package of FM cigarettes, including duties as of March 31, 2018, would have amounted to €987.97, while the value for the 120 packs would be €8,400 without duties, or €118,555.81 when including excise taxes, customs, and VAT.

Stojanović previously received a verdict from the Higher Court on March 28, 2023, sentencing him to three years and eight months in prison. The court found that he had abused his position to cause damage to the state treasury amounting to €112,504 by directing colleagues to allow a truck carrying cigarettes to pass without the necessary documentation on March 31, 2018. The Appellate Court later overturned this ruling and ordered a retrial.

In explaining the earlier ruling, Judge Đuričković stated that it was “unequivocally established” that Stojanović, as a public official, had committed an abuse of his official position, and that the penalty imposed was proportionate to his culpability. His sentence included time served and was influenced by mitigating factors, including Stojanović’s family status, advanced age, and his prior lack of convictions. The significant amount of illicit financial gain, which greatly exceeded the legal threshold of €30,000, was noted as an aggravating circumstance in the case.