Collegium Public Prosecutor's Office for Organized Crime (JTOK) he assessed that the adoption of the amendments to the proposal for amendments to the Law on Public Prosecution, which imply the cessation of the temporary assignment of the prosecutor to another prosecution, would mean blocking the work of that prosecution.
The JTOK collegium warned that the adoption of that amendment would mean "a complete blocking of proceedings in the cases of the most dangerous organized criminal group" in which public prosecutors act.
It is ongoing in the National Assembly discussion on changes to the law in the judiciary which was proposed by the member of SNS Ugljesa Mrdic.
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What does the amendment mean?
Among those laws is the Law on Public Prosecution, to which Mrdić submitted an amendment party colleague Olja Petrović.
The decision on the number of public prosecutors in public prosecutor's offices stipulates that the prosecutor's office, in addition to the chief public prosecutor, has 25 public prosecutors, but despite that, the prosecutor's office was never staffed according to the prescribed maximum, stated the JTOK Collegium.
It was also stated that there are currently 20 public prosecutors in that prosecutor's office, 11 of whom are temporarily appointed in accordance with the current Law on Public Prosecutor's Office.
The JTOK collegium warned that because of this, the proposed amendment would have a significant impact on reducing the operational capacities and capabilities of the prosecution, because the prosecution would be left without a significant number of experienced public prosecutors and "would practically mean a violent and immediate reduction in the number of public prosecutors".
"This would directly reduce its efficiency and effectiveness, to a level that threatens the legal and effective handling of the most sensitive and extremely complex cases of transnational organized crime and high corruption, which are already in different stages of the procedure - from the investigation to the first- and second-instance trials", stated in the announcement of the JTOK Collegium.
Complete blocking of proceedings in the most sensitive criminal proceedings
The JTOK collegium believes that the adoption of the proposed amendment would lead not only to a direct and serious collapse of the work of that prosecution, but also to "serious paralysis of the work of the Special Department for Organized Crime Higher Court in Belgrade", which in practice would "ultimately lead to a complete blockage of proceedings in the most complex and sensitive criminal proceedings".
"The fact is that the adoption of such an amendment, which envisages the termination of referrals within 30 days from the date of entry into force of the amended law, would call into question the actions of the Public Prosecutor's Office for organized crime in relation to 567 defendants in cases handled by referred public prosecutors, and in which investigations, first-degree or second-degree proceedings are ongoing," stated the JTOK Collegium.
In practice, this would mean "complete blocking of proceedings in the cases of the most dangerous organized criminal groups" in which public prosecutors act - "Jovanjica 1 and 2", "Balkan Cartel", "Vračarci", an organized criminal group Darko Sarić, an organized crime group Radoja Zvicer.
The Prosecution added that this also applies to the cases related to the data from the "Sky" application, the case related to the financial flows related to the project of modernization and reconstruction of the Hungarian-Serbian railway connection, the case of the defendant Dijane Hrkalović, as well as cases in which the assistant minister of education, holders of judicial positions, directors of public companies, deans of faculties and others are accused.
Arbitrary encroachment on the organization of JTOK work
Pointing out the seriousness of the consequences of adopting the proposed amendment, the Collegium stated that in 2025 alone, 699 cases that are in the pre-investigation phase were assigned to referred prosecutors, which makes up 51,2 percent of the total number of those cases, as well as 150 cases of international legal assistance, i.e. 73,5 percent of those cases.
"The proposed amendment does not contain any realistic transition mechanism or analysis of the consequences, but it arbitrarily and without any systemic justification encroaches on the existing work organization and personnel structure of the Public Prosecutor's Office for organized crime, ignoring the fact that the institute of temporary referral was the only effective mechanism for overcoming the chronic personnel deficit," the statement reads.
The collegium also believes that such an amendment exerts an indirect and unequivocal influence of the legislative power on the personnel composition of the JTOK, which directly violates the constitutional principle of the independence of the public prosecution from of the Constitution.
"This is particularly pronounced considering that out of a total of 19 referred public prosecutors in the entire public prosecutor's organization, 11 of them were referred to the Public Prosecutor's Office for Organized Crime, which unequivocally indicates the intention to directly thwart and make impossible the work of this prosecutor's office with this amendment," assessed the Collegium of that prosecutor's office.
They assessed that the adoption of the proposed amendment would represent "a serious step backwards in the area of the rule of law and would directly threaten Serbia's international obligations".
"And one can justifiably ask the question who will benefit most from this change in the law - certainly not the Public Prosecutor's Office for organized crime, and it is very likely that only the accused will benefit from this," the statement said.
Mrdić: The amendment ensures transparency
Mrdić rejected JTOK's claims that the aforementioned proposal is disrupting the work of that institution.
"Referral decisions will be made transparently High Prosecution Council determine the expertise, competence and success in the previous work of those prosecutors who are assigned to work at JTOK", stated Mrdić, as reported by RTS.
He assessed that the amendment means transparency in work, and that the current practice was, as he stated, "the arbitrariness of Zagorka Dolovac".
"So, instead of two people, Dolovac and (Mladen) Nenadić, who did this work in their own interest, without criteria and public participation, it will now be done by a body of 11 distinguished lawyers with public participation and respect for the criteria," Mrdić said in the announcement.
