Nulla poena sine lege

Montenegro

Montenegro - Constitution 2007 (2013) (EN)

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)

Article 2
A penalty or another criminal sanction may only be imposed for an act which constituted a statutory criminal offence before its commission and which was punishable by law.

Montenegro - Criminal Procedure Code (2015) (EN)

Scope and Objective of the Code
Article 1

The present Code sets forth the rules with the objective to enable a fair conduct of the criminal proceedings and ensure that no innocent person be convicted and that a criminal sanction be imposed on a criminal offender under the conditions provided for in the Criminal Code and on the basis of legally conducted proceedings.


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 23 Nulla poena sine lege

A person convicted by the Court may be punished only in accordance with this Statute.