Montenegro

Criminal Code of the Republic of Montenegro

GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

Multiple Reoffending

Article 44
(1) For a criminal offence which was committed with wrongful intent and which is punishable by a prison term, the court may impose a more severe punishment than the punishment provided for by law on condition that :

1) the perpetrator has already been convicted twice or more times for criminal offences committed with wrongful intent to a prison term of minimum one year, and that he shows propensity for offending ;
2) less than five years passed from his release from service of the previous punishment to the commission of the new criminal offence.

(2) The more severe punishment may be pronounced for maximum twice the amount of the punishment provided for by law, and for maximum twenty year prison term.

(3) In assessing whether to impose a more severe punishment than the punishment provided for by law, the court shall give due consideration in particular to the number of prior convictions, any relations between such prior criminal offences, motives out of which they were committed, circumstances under which the offences were committed, and the need to impose such punishment in view of the purpose of punishment to be achieved .

Keywords

Recidivism of criminal offences



EDIT.