Extradition

Montenegro

Montenegro - Mutual Legal Assistance in Criminal Matters 2008 (EN)

Article 3
International legal assistance shall include the extradition of the accused and sentenced persons, transfer and assuming of criminal prosecution, enforcement of foreign criminal verdicts, delivery of documents, written materials and other cases relating to the criminal proceedings in a foreign state, as well as the undertaking of certain procedural actions such as: hearing of the accused, witnesses and experts, crime scene investigation, search of premises and persons and temporary seizure of items.

Article 10
The extradition of the accused or sentenced persons shall be requested and enforced in accordance with this Law unless otherwise has been provided for under an international agreement.

Article 11

Article 12

Article 13
(1) The extradition shall not be granted for the criminal offence punishable under the domestic law and the law of the requesting state by imprisonment for a term of up to six months or a fine.

(2) If the extradition of the sentenced person is requested to serve the sentence, his extradition shall not be granted if the duration of the imposed imprisonment sentence or the remaining portion thereof which is yet to be served does not exceed four months.

Article 14
If the law of the requesting state prescribes death penalty for the offence for which the extradition is requested, extradition may be granted only if that state gives assurance that the death-penalty will not be imposed or carried out.

Article 15
(2) Letter rogatory for extradition shall be delivered to the Ministry.

Article 17
(1) Detention aimed at extradition may be ordered under conditions referred to in Article 15 of this Law even before the letter rogatory of the requesting state is received

Article 18

Article 19
(4) Final and legally binding decision rejecting the extradition shall be submitted to the Ministry which shall inform the requesting state thereof.

Article 20
(1) If the Chamber of the competent court finds that the conditions for extradition prescribed by this Law are met, it shall confirm this by passing a decision.

Article 22

Article 23

Article 24
(1) The requesting state shall be notified of the decision concerning extradition through diplomatic channels.
(2) The decision granting extradition shall be submitted to the administration authority competent for police affairs which shall escort the person claimed to the border crossing where at an agreed place he will be surrendered to the authorities of the requesting state.

Article 25
(1) The requesting state shall take over the person the extradition of whom has been granted within 30 days as of the date of delivery of the decision on extradition.
(2) The Minister may extend the deadline referred to in paragraph 1 above for additional 15 days upon reasoned request of the requesting state.
(3) If the person the extradition of whom has been granted has not been taken over upon the expiry of the deadline referred to in paragraphs 1 and 2 above, he shall be immediately released, and the Minister may refuse repeat extradition request for the same criminal offence.

Article 26

Article 27
(1) If the extradition is requested by a foreign state from another foreign state and the person claimed would have to be escorted through the territory of Montenegro, transit may be granted by the Minister upon the letter rogatory by the requesting state provided that the person concerned is not a national of Montenegro and that the extradition is not enforced for political or military criminal offence.
(2) Letter rogatory for transit of the person through the territory of Montenegro shall contain the information and documents referred to in Article 15 paragraph 3 of this Law.
(3) In the case of transit of the person through the territory of Montenegro by air transit, if no landing is expected, it shall not be necessary to obtain permit referred to in paragraph 1 above.
(4) The requesting state shall notify the Ministry of transit referred to in paragraph 3 above. The notification shall contain information such as: the name of the person escorted through the territory of Montenegro, the state to which the person is extradited, the criminal offence for which the person is extradited, and the time of air transit.

Article 29

Article 31
(1) If criminal proceedings are underway in Montenegro against a person located in a foreign state or if the person located in a foreign state has been sentenced by a competent Montenegrin court, the Minister may submit the letter rogatory for extradition.

Article 33

Rome Statute

Article 102 Use of terms

For the purposes of this Statute:

(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.