Article 134
(1) The criminal legislation of Montenegro shall be applicable to whomever commits a criminal offence in its territory.
(2) The criminal legislation of Montenegro shall also be applicable to whomever commits a criminal offence on board of a domestic ship, regardless of where the ship was located at the time of commission of the offence.
(3) The criminal legislation of Montenegro shall also be applicable to whomever commits a criminal offence on board of a domestic civil aircraft or domestic military aircraft, regardless of where the aircraft was located at the time of commission of the offence.
Article 135
The criminal legislation of Montenegro shall be applicable to whomever commits abroad a criminal offence set forth in Articles 357 to 369, Articles 371 to 374 and Articles 447 to 449 of this Code or set forth in Articles 258 and 268 of this Code, provided that counterfeiting refers to money that was the legal tender in Montenegro at the time of commission of the criminal offence.
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 set out in Article 135 of this Code, provided that he is found in the territory of Montenegro or gets extradited to Montenegro.
(2) Subject to the conditions set out in paragraph 1 of this Article, the criminal legislation of Montenegro shall also apply to an offender who became a national of Montenegro after the commission of a criminal offence.
Article 137
(1) Criminal legislation of Montenegro shall also be applicable to a person who is not a national of Montenegro who, outside the territory of Montenegro, commits a criminal offence against Montenegro or against a national of Montenegro, even when those are not criminal offences set out in Article 135 of this Code or who commits a criminal offence set forth in Articles 276a, 276b, 422, 422a, 423 and 424 of this
Code, whose commission involved a national of Montenegro 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 person who is not a national of Montenegro and 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 four-year prison sentence or a more severe sentence, 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 the court may impose a more severe penalty than the penalty provided for by the law of the country where the criminal offence was committed.
Assessment of Jurisdictions
Article 35
(1) The court shall examine its subject matter and territorial jurisdiction, and as soon as it determines a lack of its jurisdiction, it shall declare that it lacks competence and, after the ruling becomes final, it shall refer the case to a competent court, with the exception of cases referred to in paras. 2 and 3 of this Article.
(2) If the court determines after the commencement of the main hearing that a lower court has jurisdiction for the hearing, it shall continue the procedure and render a decision.
(3) Once the indictment comes into effect, the court may not declare that it lacks territorial jurisdiction nor may the parties raise the objection of territorial jurisdiction.
(4) The court lacking jurisdiction shall undertake such procedural actions with respect to which there is a risk of delay.
10. DISMISSAL OF THE CHARGE
Article 367
In the course of the main hearing or after the closing of the main hearing, the Panel shall dismiss a charge by a ruling if it establishes:
1) that the court lacks subject matter jurisdiction,
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.