Montenegro

Criminal Code of the Republic of Montenegro

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.

Parole

Article 37
(1) A prisoner who has served two thirds or, exceptionally, has served a half of his prison term or his forty year prison term may be released on parole provided that during his prison term he has improved his behaviour to an extent that it can be reasonably expected that his behaviour outside of prison will be good and, in particular, that he will not reoffend during his service of the remainder of the punishment. In deciding whether a prisoner meets the requirements for parole , due consideration shall be given to his conduct during the service in prison, his fulfillment of work obligations, which is assessed with respect to his capacity, as well as to other circumstances that indicate that the purpose of the punishment has been achieved.

(2) The decision granting a prisoner parole may order that he fulfills an obligation set by law.

(3) In the case referred to in para. 1 hereof, the prisoner shall be considered to have served his punishment provided that the parole is not revoked.

Keywords

Enforcement of sentences imposed
Enforcement of sentence of imprisonment
Enforcement of national penalties - imprisonment



EDIT.