Enforcement of national penalties - imprisonment

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

Article 35
(1) Long-term prison sentences may not be shorter than thirty years or longer than forty years.
(2) A long-term prison sentence may be prescribed for the most serious criminal offences, provided that it may not be prescribed as the only penalty for a specific criminal offence.
(2) A long-term prison sentence may not be imposed on persons:
1) who were under twenty one years of age at the time of the commission of the offence;
2) whose mental capacity was significantly reduced at the time of the commission of the offence (Article 14, paragraph 2);
3) who attempted to commit a criminal offence.

Montenegro - Criminal Procedure Code (2015) (EN)

Respect of Personality and Dignity of Detainees and Their Accommodation
Article 181

(1) Personality and dignity of the detainee shall not be offended in the course of detention.

(2) The only restrictions that may be imposed against detainees shall be only the ones needed to prevent their flight, instigation of third persons to destroy, conceal, alter and fabricate evidence or traces of a criminal offence or to prevent direct or indirect contacts of detainees for the purpose of influencing witnesses, accomplices and accessories by virtue of concealment.

(3) Persons of different sexes shall not be detained in the same room. As a rule, detainees against whom reasonable suspicion exists that they have participated in the same criminal offence shall not be accommodated in the same room, neither shall detainees be accommodated in the same room as persons who are serving a prison sentence. If possible, detainees against whom a reasonable suspicion exists that they are recidivist shall not be accommodated in the same room with other detainees on whom they might have an adverse influence.

Detention after Announcement of the Judgment
Article 376

(1) When the court imposes a punishment of imprisonment for a term of less than five years, the Panel shall order detention to the defendant who is at liberty if the reasons referred to in Article 175, paragraph 1, items 1 and 3 of the present Code exist, and it shall do the same for the defendant who was imposed an imprisonment sentence of five years or a more serious one by a first instance court if grounds exist referred to in Article 175, paragraph 1, item 4. The Panel shall vacate detention of the defendant who is in detention if the reasons for which detention was ordered do not exist any longer.