Spans in 'Montenegro - Criminal Code' tagged with 'Reduction of national sentence following pre-trial detention

'Reduction of national sentence following pre-trial detention - national proceedings' in document 'Montenegro - Criminal Code'

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More information about the keyword 'Reduction of national sentence following pre-trial detention - national proceedings'
More information about the document 'Montenegro - Criminal Code'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

Time of detention and earlier Punishment Included

Article 51
(1) The time spent in pre-trial detention, as well as any other deprivation of liberty in relation to the criminal offence shall be included in the imposed prison term, juvenile prison term, community work, or a fine.

(2) Where a criminal proceeding was conducted for several concurrent criminal offences and detention was not ordered for respective offences, the time spent in pre-trial detention shall be included in the imposed prison term, juvenile prison term, community work, or a fine for the criminal offence for which the accused person was convicted.

(3) The prison term or the fine that the convicted person served or paid for a misdemeanor or economic offence, as well as punishment or disciplinary measure of deprivation of liberty which he served for violation of military discipline shall be included in the punishment imposed for a criminal offence whose elements include the elements of a misdemeanor, economic offence, or violation of military discipline.

(4) In calculating an earlier punishment, equivalence shall apply among the following : a day of pre-trial detention, a day of deprivation of liberty, a day of juvenile prison term, a day or prison term, eight hours of community work and the fine of twenty-five euros.

GENERAL PART

TITLE TWELVE
APPLICABILITY OF CRIMINAL LEGISLATIONOF MONTENEGRO

Inclusion of Time of Detention and Punishment Served Abroad

Article 139
Detention, any other deprivation of liberty in relation to a criminal offence, deprivation of liberty during an extradition procedure, as well as the punishment served by a perpetrator under a judgment of a foreign court, shall be included in the term of punishment imposed by a national court for the same criminal offence; and where punishments are not of the same kind, such calculation shall be subject to court assessment.