Ministry of Justice is a central body of communication. The possibility of direct communication between judicial authorities is envisaged by international multilateral and bilateral agreements. The Law on Mutual Legal Assistance in Criminal Matters provides this possibility in Article 4, paragraph 3.
According the Law on Courts and Law on MLA in criminal matters two high courts are responsible for provision of MLA with one exception introduced with new Law on Courts which exclude tasks related to international criminal legal assistance in criminal matters of requests for submitting documents from their jurisdiction and give it to Basic Courts. On side of functional jurisdiction in high courts two investigative judge in High Court Podgorica and one in High Court Bijelo Polje have been responsible for provision of mutual legal assistance. Only in case of transferring of criminal prosecution, before confirmation of indictment, the competent state prosecutor shall render the decision.
Regarding a jurisdiction on “small” mutual legal assistance according art. 3 par. 2 of Law on MLACM the permissibility and the method of enforcement of the action which is the subject matter of the letter rogatory of the foreign judicial authority shall be decided by the court in accordance with domestic law and international agreement. The execution of request can be delegated to prosecution office if the action is from their jurisdiction.