ANNEX 1- Log frame in Standard Format with revisions of Twinning (TW) results, activities, indicators and sources of verification
Project Logframe Project name and number: Support to the implementation of the new Criminal Procedure Code (CPC)
Contracting period expires: Two years after Disbursement period expires:
conclusion of the Financial Agreement. One year after the final date for the execution of contracts
Total Budget: 1,130,000 ? IPA / pre-accession budget : 1.000.000 ?
Overall objective Objectively verifiable indicators Sources of Verification High effectiveness in the fight against MONSTAT Statistical data - Decreased number of criminal acts corruption, organized crime and other types of Statistical data from the Police Directorate - Improvement in the country's crime and protection of human rights. Supreme State Prosecutor’s Report ranking in the corruption Transparency international perception index of transparency Statistical data from the EBRD international (2008 CPI score - 3.4)
Statistical data from WIIW - Increase in the foreign direct IMF Reports investment, number of tourists in
Statistical data of the National Tourism Office Montenegro raising
Project purpose Objectively verifiable indicators Sources of Verification Assumptions To strengthen the capacity of the law Political stability and European Commissions reports for the judiciary - Increased number of completed enforcement bodies for the implementation the economic growth Supreme State Prosecutor’s Report investigations in Prosecutor’s new CPC in line with European standards maintained. Office (by 10%) Supreme Court annual Report on the work of the All state systems well Courts - Increased number of completed functioning Project Reports cases in Courts (by 10%)
Results Objectively verifiable indicators Sources of Verification Assumptions Result 1: Established normative - At least three normative acts drafted - Official Journal of Montenegro. framework with regards to the new
- At least three normative acts adopted - Project reports Criminal Procedure Code (CPC)
Result 2 (TW Result 1): Capacities - - at least 80% of the prosecutors, - Annual Reports of the Special of the Special Prosecutor’s Office to Prosecutor assistants and staff in the Special combat organised crime and Prosecutor's Office trained and efficiently corruption enhanced investigating organised crime and corruption cases.
Result 3 (TW Result 2) Capacity of - A pool of trainers (and a manual for trainers) ; Smooth operation of the Prosecution Council - Supreme State Prosecutor’s Report the Prosecution Service, the Courts on the CPC established and supporting the and the Prosecution Assembly
- Supreme Court annual Report on and the Police Directorate in activities of the Judicial Training Centre ; Prosecution Council appoints a sufficient the work of the Courts identification and processing - 60 to 90 prosecutors trained on the new CPC number of prosecutors criminal acts in accordance with the -At least 50 judges trained on the CPC ; Sufficient number of trained staff from the - Project Reports new CPC enhanced Prosecutor’s Office, Police Directorate and -At least 30 assistants of prosecutors trained on - Reports on records on the number other civil servants in line ministries actively the CPC of the employees, which is kept in participating in project activities - At least 50 assistants of judges trained on the prosecutor’s offices, The ; Good cooperation between Prosecutors Office, CPC Prosecutor Council’s records Courts and Police Directorate - Up to 40 employees of Police Directorate - Annual Police Directorate Report trained on the CPC
- Interaction in the pre-trial phase of the police, - Manual for trainers
the Prosecution Service and the courts
functioning efficiently in line with the CPC.
Result 4: Strengthened technical - At least 5 Courts and at least 5 Prosecutor’s ; Available technical documentation - Project reports capacities of the Prosecutor’s Office Offices equipped with new equipment ; Availability of professional personnel having - Technical reports of the and Courts the necessary skills for use of new equipment - At least 10 trained staff to use new equipment Prosecutor’s Office,
- Technical reports of the Courts
Result 5(TW Result 3): Operations ; Sufficient financial means allocated. - Methodology for monitoring of the - Project reports of the Commission for monitoring implementation of the CPC developed - Conference reports the implementation of the CPC to support the efficient and uniform enhanced application of the law. - Minutes
- Ministry of Justice and the judiciary - Paper on methodology
informed about EU MS countries' - Reports by the Commission on the experience with criminal procedure monitoring of CPC implementation legislation implementation and the
work by the Monitoring Commission
enriched with recommendations from
Result 6 (TW Result 4): Awareness - Lawyers well informed and prepared to - Project reports about new institutes of the CPC make use of the new CPC provisions - Number of lawyers trained. among the lawyers specialising in (including plea bargaining) criminal law raised - Reports by the courts and prosecution service about the
application of plea bargaining and
Activities Means Costs Assumptions
Activity 1: Drafting of acts in accordance with the CPC Human resources IPA funding – 1.000.000 ?: Adequate expert assistance for the drafting 1.1. Drafting of sub-laws of new normative acts available - twinning: 800.000 EUR Equipment for audio and audio-1.2. Creation and publication of a Rule Book visual recording, equipment for Sufficient capacities and readiness in 1.3. Organization of workshops - supply: 200.000 EUR query under daylight and night Prosecutor’s Office, Courts and Police for Activity 2 (TW Activity 1): Strengthening the capacity of conditions the implementation of the new CPC the Special Prosecutor's Office for fighting organized
National co-financing – 130.000 Material resources Commitment of officials and civil servants crime, corruption, terrorism and war crime
EUR participating in training activities 2.1. Workshops on transfer of pre-trial phase experiences from the investigative judges of the High Courts to the - service: 90.000 EUR Effective cooperation between all law 4 contracts: Special Prosecutor's Office. enforcement bodies - supply: 40.000 EUR 2.2. Training in special investigative techniques (including - 1 twinning Good coordination between officials from financial analysis and use of secret means of surveillance, Special Prosecutor’s Office and experts etc.) for the Special Prosecutor's Office. - 1 service working on the analysis 2.3. Needs assessment of the equipment needed for the In kind: Establishment of the Commission for - supply contracts Special Prosecutor's Office. monitoring the implementation of CPC Activity 3(TW Activity 2): Providing training (including - Working space and Active participation of CSO training for trainers) for judges, prosecutors and expertise provided Required experts available Police Directorate employees on the CPC
- Training space, office for implementation Sufficient financial means from the national RTA and project assistant 3.1. Training on the role of the prosecutor’s office in the pre-budget allocated provided by beneficiary trial phase (with a special focus on experiences from EU Available technical documentation member states). - Training space for users for Available translators 3.2. Training for prosecutors and judges on drafting of new equipment provided motions and decisions according to the new requirements. 3.3. Training for prosecutors and police on CPC measures (detention, search, secret surveillance, etc.) having a potential of encroachment of human rights
3.4. Training for the police, courts and prosecutor’s office staff on collecting evidence
3.5. Training of trainers on the CPC and elaboration of a
2.6. Study Visit for prosecutors (including from the Special
Prosecutor's Office) to EU Member States having a similar criminal procedure concept.
Activity 4: Purchase of technical equipment
4.1. Purchase of equipment for the Prosecutor’s Offices and Special Prosecutor’s Office
4.2. Procurement of equipment for Courts.
Activity 5 (TW Activity 3): Support to the Commission for
monitoring the implementation of CPC
5.1. Organisation of a conference on “EU member States'
approaches to the implementation of criminal procedure legislation” for the members of the Commission on monitoring the implementation of the CPC
5.2. Developing a methodology for monitoring of the CPC practical implementation by the Commission as well as by the Supreme Court and the Supreme Prosecutor's Office
Activity 6 (TW Activity 4): Awareness raising and
promoting new institutes of the CPC among the
lawyers specialising in criminal law
6.1. Workshops with the members of the Bar Association on CPC new provisions of particular interest to lawyers (plea bargaining, etc.).