Montenegro

Criminal Code of the Republic of Montenegro

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

3. Complicity in criminal offence

Principal and Co-principal

Article 23
(1) A principal shall be a person who commits a criminal offence himself or a person who carries out the crime through another person provided that this other person can not be considered to be the principal.

(2) Where several persons jointly take part in the commission of a crime with wrongful intent or by negligence, or where they follow their prior arrangement and jointly act with wrongful intent and thus make a significant contribution to the commission of the criminal offence, each person shall receive a punishment prescribed for the crime in question.

Instigation

Article 24
(1) Anyone who acts with wrongful intent to instigate another person to commit a criminal offence shall receive a punishment as if he committed the crime by himself.

(2) Anyone who acts with wrongful intent to instigate another person to commit a criminal offence which carries a five year prison term or a more severe punishment but does not even attempt commission shall receive the punishment laid down by law for the attempted criminal offence.

Aiding

Article 25
(1) Anyone who acts with wrongful intent to aid another in the commission of a criminal offence shall be punished as if he committed it himself, but may receive a lighter punishment.

(2) The following, in particular, shall be considered as aiding in the commission of a criminal offence: giving counsel or instructions on how to commit the crime, supplying the perpetrator with the means for commission of the crime, creating conditions or removing obstacles to the commission of crime as well as promising one prior to the commission to conceal the crime, a perpetrator, the means by which the crime was committed, any traces of the crime, or the proceeds of crime.

Limits of Liability and Punishment of accomplices

Article 26
(1) Co-principal liability is defined by his wrongful intent or negligence, and instigator and aider liability by their wrongful intent.

(2) Where A co-principal, instigator or an aider voluntarily prevented the commission of a criminal offence, punishment may be remitted.

(3) Personal relations, capacity and circumstances for which the law excludes culpability or allows for the remission of punishment and which serve as ground to qualify an offence as serious or minor, or have an impact on the punishment imposed, may apply only to the principal, co-principal, instigator or aider with whom such relations, capacity and circumstances exist.

Punishment of Instigator and Aider forattempt and for Minor Criminal Offence

Article 27
(1) Where the commission remains incomplete, the instigator and aider shall receive a punishment for an attempt.

(2) Where the principal commits a minor criminal offence than the one that instigation or aiding refers to and which would have been contained in it, the instigator and aider shall receive punishment for the criminal offence committed.

(3) The provision of para. 2 hereof shall not apply if the instigator would receive a more severe punishment under Art.24, para. 2, hereof.

Keywords

Individual criminal responsibility
Joint commission



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