GENERAL PART
TITLE TWELVE
APPLICABILITY OF CRIMINAL LEGISLATIONOF MONTENEGRO
Applicability of Criminal Legislation in the Territory of Montenegro
Article 134
(1) Criminal legislation of Montenegro shall be applicable to anyone who commits a criminal offence in its territory.
(2) Criminal legislation of Montenegro shall also be applicable to anyone who commits a criminal offence on board of a domestic ship, regardless of where the ship was located at the time of commission of a criminal offence.
(3) Criminal legislation of Montenegro shall also be applicable to anyone who commits a criminal offence on a domestic civil aircraft or on a domestic military aircraft regardless of where the aircraft was located at the time of commission of a criminal offence, provided that the perpetrator is a national of Montenegro.
GENERAL PART
TITLE TWELVE
APPLICABILITY OF CRIMINAL LEGISLATIONOF MONTENEGRO
Applicability of Criminal Legislation of Montenegro to Perpetrators of Specific Criminal Offences Committed Abroad
Article 135
Criminal legislation of Montenegro shall be applicable to anyone who commits abroad a criminal offence referred to in Articles 357 through 369, Articles 371 through 374 and Articles 447 through 449 hereof or referred to in Art.258 hereof provided that counterfeiting refers to money that was the legal tender in Montenegro at the time of commission of the criminal offence.
GENERAL PART
TITLE TWELVE
APPLICABILITY OF CRIMINAL LEGISLATIONOF MONTENEGRO
Applicability of Criminal Legislation of Montenegro to National of Montenegro who Commits Criminal Offence Abroad
Article 136
(1) Criminal legislation of Montenegro shall also be applicable to a national of Montenegro where he commits abroad a criminal offence other than those referred to in Art.135 hereof, provided that he is found in the territory of Montenegro or gets extradited to Montenegro.
(2) Subject to the conditions referred to in para. 1 above, the criminal legislation of Montenegro shall also apply to a perpetrator who became a national of Montenegro after the commission of a criminal offence.
GENERAL PART
TITLE TWELVE
APPLICABILITY OF CRIMINAL LEGISLATIONOF MONTENEGRO
Applicability of criminal legislation of Montenegro to Foreign Nationals who Commit criminal offence abroad
Article 137
(1) Criminal legislation of Montenegro shall also be applicable to a foreign national who commits outside the territory of Montenegro against Montenegro or its national a criminal offence other than those referred to in Art.135 hereof or who commits a criminal offence referred to in Articles 276a, 276b, 422, 422a, 423 and 424 hereof, in the commission of which a national of Montenegro is involved in any way, provided that he is caught in the territory of Montenegro or gets extradited to Montenegro.
(2) Criminal legislation of Montenegro shall also be applicable to a foreign national who commits a criminal offence abroad against a foreign country or a foreign national where such offence is punishable under the law of the country where it was committed by a prison term of five years or longer, provided that he is caught in the territory of Montenegro but not extradited to a foreign country. Unless otherwise provided for by this Code, in such a case a court may pronounce punishment which is more severe than the punishment provided for by the law of the country where the criminal offence was committed.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.