Enforcement of sentences of imprisonment

Republic of Montenegro

Criminal Code of the Republic of Montenegro



1. Purpose of Punishment, Types of Punishment and Requirements for their Imposition

Forty-year Prison Term
Article 35

(1) A forty-year prison term may be prescribed for the most serious criminal offences provided that it is not prescribed as the only punishment for a specific criminal offence.

(2) A forty-year prison term may not be imposed on the following :
1) a person who at the time of commission of a criminal offence is not 21 ;
2) a person who at the time of commission of a criminal offence is of significantly reduced mental capacity (Art.14, para. 2) ;
3) a person who attempted to commit a criminal offence.

Prison Term

Article 36
(1) A prison term may not be shorter than thirty days or longer than twenty years.

(2) The prison term referred to in para. 1 hereof shall be imposed in full years and months, and terms up to six months shall be imposed also in days.


Article 37
(1) A prisoner who has served two thirds or, exceptionally, has served a half of his prison term or his forty year prison term may be released on parole provided that during his prison term he has improved his behaviour to an extent that it can be reasonably expected that his behaviour outside of prison will be good and, in particular, that he will not reoffend during his service of the remainder of the punishment. In deciding whether a prisoner meets the requirements for parole , due consideration shall be given to his conduct during the service in prison, his fulfillment of work obligations, which is assessed with respect to his capacity, as well as to other circumstances that indicate that the purpose of the punishment has been achieved.

(2) The decision granting a prisoner parole may order that he fulfills an obligation set by law.

(3) In the case referred to in para. 1 hereof, the prisoner shall be considered to have served his punishment provided that the parole is not revoked.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.


(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.