Nullum crimen sine lege

Montenegro

Montenegro - Constitution 2007 (EN)

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Principle of legality

Article 33
No one may be punished for an act that, prior to being committed, was not stipulated by the law as punishable, nor may be pronounced a punishment which was not envisaged for that act.

Montenegro - Criminal Code 2003 (2018) (EN)

GENERAL PART

TITLE ONE
GENERAL PROVISIONS

Legality in Defining Statutory criminal offences and Prescribing criminal sanctions

Article 2
A punishment or other criminal sanction may only be imposed for an act which constituted a statutory criminal offence before the time of commission and for which punishment was authorized by law.

Montenegro - Criminal Procedure Code 2009 (EN)

Part One
GENERAL PROVISIONS

Chapter I
BASIC RULES

Principle of legality

Article 2
(1) A criminal sanction may be imposed on the perpetrator only by the competent Court in the proceedings initiated and conducted in compliance with the present Code.

(2) Freedom and other rights of the accused person may be limited prior to the rendering of the final judgment, only under the conditions set forth in the present Code .

Rome Statute

Article 22 Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.