National penalties - national proceedings

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

GENERAL PART

TITLE THREE
PUNISHMENT

1. Purpose of Punishment, Types of Punishment and Requirements for their Imposition

Forty-year Prison Term

Article 35
(1) A forty-year prison term may be prescribed for the most serious criminal offences provided that it is not prescribed as the only punishment for a specific criminal offence.

(2) A forty-year prison term may not be imposed on the following :

1) a person who at the time of commission of a criminal offence is not 21 ;
2) a person who at the time of commission of a criminal offence is of significantly reduced mental capacity (Art.14, para. 2) ;

3) a person who attempted to commit a criminal offence.

Prison Term

Article 36
(1) A prison term may not be shorter than thirty days or longer than twenty years.

(2) The prison term referred to in para. 1 hereof shall be imposed in full years and months, and terms up to six months shall be imposed also in days.

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Giving a False testimony

Article 389
(1) A witness, expert witness, translator or interpreter who gives a false testimony before the court in a disciplinary, misdemeanor or administrative procedure or any other procedure laid down by law shall be punished by a prison term up to three years.

(2) The punishment under para. 1 above shall also apply to a party who in the course of presentation of evidence by hearing parties in a court or administrative procedure gives a false testimony, when such a testimony serves as grounds for the decision passed in that procedure.

(3) Where a false testimony was given in criminal proceedings, the perpetrator giving such a testimony shall be punished by a prison term from three months to five years.

(4) Where the offence under para. 3 above resulted in particularly grave consequences for the accused, the perpetrator shall be punished by a prison term from one year to eight years.

(5) If the perpetrator revokes the false testimony of his own free will before the final decision is passed, he shall be punished by a fine or a prison term up to three months, and punishment may also be remitted.

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Interference in Production of Evidence

Article 390
(1) Anyone who gives, offers or promises a gift or other undue advantage to a witness or expert witness or other participant before a court or other state authority or who uses force or threat against him in order for that person to affect the outcome of the proceedings by giving false testimony or by refraining from giving a testimony shall be punished by a prison term from six months to five years.

(2) Anyone who with the intention to prevent or impede production of evidence conceals, destroys, damages, or makes unusable in whole or in part someone else's document or other objects which serve as evidence shall be punished by a fine or a prison term up to one year.

(3) The punishment under para. 2 above shall also apply to anyone who with the intention referred to in para. 2 hereof removes, destroys, damages, moves or relocates a borderline stone, land registry mark or any other mark indicating ownership of real estate or right to the use of water, or a person who fraudulently places such a mark with the same intention.

Montenegro - Criminal Procedure Code 2009 (EN)

Part Two
COURSE OF THE PROCEEDINGS

B. PRE-MAIN HEARING PROCEEDINGS

Chapter XVIII
INVESTIGATION

Maintaining order during Investigation

Article 285
(1) During the course of the evidence gathering process, the State Prosecutor or investigative judge shall maintain order and protect participants in the proceedings from insults, threats and any other form of assault.

(2) A fine not exceeding € 1,000 may be imposed on a participant in the proceedings or other person who, during the evidence gathering process and after given caution, has been disturbing order, givingm the participants of the proceedings offenses, or endangering their safety ; The investigative judge shall impose the abovementioned fine at his/her own discretion or upon a motion by the State Prosecutor. If the presence of such person is not necessary, the person may be removed from the place where the evidence gathering action is being carried out.

(3) The accused person may not be fined but s/he may be taken away from the place where the evidence gathering action is being carried out.

(4) If the State Prosecutor disturbs the order, the investigative judge shall proceed pursuant to the provision from Article 321 Paragraph 5 of the present Code.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.