Enforcement of national penalties - fines

Republic of Montenegro

Criminal Code of the Republic of Montenegro



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


Article 39
(1) A fine may not be set at below two hundred euros. A fine may not exceed twenty thousand euros, while for criminal offences committed out of greed it may not exceed one hundred thousand euros.

(2) When imposed as the principal punishment, a fine shall be set as follows :

1) up to two thousand euros for criminal offences punishable by a prison term up
to three months ;
2) from four hundred to four thousand euros for criminal offences punishable by
a prison term up to six months ;
3) from six hundred to eight thousand euros for criminal offences punishable by
a prison term up to one year ;
4) from eight hundred to sixteen thousand euros for criminal offences punishable
by a prison term up to two years ;
5) minimum one thousand two hundred euros for criminal offences punishable
by a prison term up to four years ;
6) minimum one thousand two hundred euros for criminal offences which carry
a fine as the only punishment.

(3) For criminal offences committed out of greed the fine as an accessory punishment may be imposed even when it is not prescribed by law, or when law prescribes that a perpetrator shall be punished by either a prison term or a fine, and the court imposes a prison term as the principal sentence.

(4) Where the court imposes a fine as the principal punishment and additionally imposes a fine as an accessory punishment, a single fine shall be imposed under the rules laid down in Art.48 hereof.

(5) The court ruling shall specify the term of payment which may not be shorter than fifteen or longer than three months. Where so justified, the court may allow the convicted person to pay the fine in installments, provided that the payment deadline is not longer than within one year.

(6) Where a convicted person does not pay a fine within the deadline set thereof, the court shall replace the fine by a prison term by substituting each twenty-five euro amount in his fine by one day of prison term, provided that the prison term does not exceed six moths, and where a fine exceeding nine thousand euros is imposed, the prison term may not be longer than one year.

(7) Upon prior consent of the convicted person, an outstanding fine not exceeding two thousand euros may be substituted by community work and not by a prison term. Each twenty-five euro amount of his fine shall be substituted by eight hours of community work, provided that the community work does not exceed three hundred and sixty hours.

(8) Where the convicted person pays only part of the fine, the court shall substitute the remainder by a prison term on a pro rata basis, and where the convicted person pays the remainder of the fine, his service of the prison term shall be suspended.

(9) The fine may not be enforced in the event of death of the convicted person.

Amount of Daily Fine
Article 40
(1) In the cases when it is possible to establish the perpetrator’s assets and liabilities, the court may pronounce a fine in daily amounts.

(2) The number of daily fines may not be less than ten or more than three hundred and sixty. The number of daily fines to be imposed for the criminal offence committed shall be set in accordance with the general rules on fixing of punishment as laid down in Art.42 hereof.

(3) The amount of daily fine shall be determined by dividing the difference between the perpetrator’s assets and liabilities in the previous calendar year by the number of days in a year, whereby the daily fine must be more than five and less than one thousand euros.

(4) The total amount of fine shall be calculated by the court by multiplying the number of daily fines by the amount of the daily fine.

(5) In determining the value of daily fines the court may request data from banks and other financial institutions, state authorities and legal entities which shall communicate the data requested and which may not invoke protection of business or other secrets.

(6) Where it is not possible to obtain reliable data on perpetrator’s assets and liabilities, or where the perpetrator does not earn any income but is the owner of property or holder of property rights, the court shall use the available data and determine the amount of daily fine at its own discretion.

(7) The provisions of Art. 39, paras 3 through 9 hereof shall also apply when a fine is imposed in compliance with the above provisions.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.