Part Three
SPECIAL PROCEEDINGS
Chapter XXXI
PROCEEDINGS FOR COMPENSATION OF DAMAGES, REHABILITATION AND EXERCISE OF OTHER RIGHTS OF UNJUSTIFIABLY CONVICTED PERSONS, PERSONS ILLEGALLY OR GROUNDLESSLY DEPRIVED OF LIBERTY
Persons Entitled to Seek Compensation of damages for Unjustifiable conviction
Article 498
(1) The right to compensation of damages for unjustifiable conviction shall be held by a person against whom a criminal sanction was imposed by a final decision or who was pronounced guilty but whose punishment was remitted, and subsequently, upon an extraordinary legal remedy, the new proceedings was finally discontinued or the convicted person was acquitted by a final decision or the charge was rejected, except in the following cases :
1) if the proceedings was discontinued or the charge was dismissed because in the new proceedings the subsidiary Prosecutor or private Prosecutor waived the prosecution, provided that the waiver occurred on the basis of an agreement with the accused person,
2) in the new proceedings the charge was dismissed by a ruling because the Court lacked jurisdiction and the authorized Prosecutor has initiated prosecution before the Competent Court.
(2) A convicted person i.e. an acquitted person, is not entitled to compensation of damages if he caused the criminal proceedings through a false confession in the investigatory procedure or otherwise, or caused his conviction through such statements during the proceedings, unless he was forced to do so.
(3) In the case of conviction for offences committed in concurrence, the right to compensation of damages may also relate to respective criminal offences in regard to which the conditions for approving compensation are met.
Statute of limitations of Compensation Claim
Article 499
(1) The right to compensation of damages becomes time-barred within three years from the day of effectiveness of the judgement at first instance acquitting the accused person or dismissing the charges, or from the day of effectiveness of the ruling at first instance discontinuing the proceedings, and, if a higher Court decided on an appeal - from the day of receipt of the decision of a higher Court.
(2) Before bringing a compensation claim to the Court, the injured party shall submit his/her request to the ministry competent for the affairs of the judiciary in order to reach a settlement on the existence of damage and the type and amount of compensation.
(3) In the case referred to in Article 498, paragraph 1, Item 2 of the present Code, the request may be heard only if the authorized Prosecutor has not initiated prosecution before a Competent Court within a term of three months from the day of receipt of the final decision. If, after this term has elapsed, the authorized Prosecutor initiates prosecution before the Competent Court, the proceedings for compensation of damages shall be discontinued until the conclusion of the criminal proceedings.
Compensation Claim
Article 500
(1) If the request for the compensation of damages is not accepted or if a ministry competent for the affairs of the judiciary does not render a decision within a term of three months from the day the request is submitted, the injured party may bring a compensation claim to the Competent Court. If a settlement was only reached on one part of the claim, the injured party may file a compensation claim regarding the rest of the claim.
(2) While the proceedings referred to in Paragraph 1 of this Article are pending, the period of limitation referred to in Article 499, Paragraph 1 of the present Code, does not run.
(3) The compensation claim shall be filed against Montenegro.
Inheritance of the right to compensation of damages
Article 501
(1) Heirs shall inherit only the right of the injured party to compensation of property damage. If the injured party has already filed a claim, the heirs may resume the proceedings within the limits of the already filed compensation claim.
(2) Pursuant to the rules on the compensation of damages specified by the Law on Torts, after the death of the injured party, his heirs may resume the proceedings for the compensation of damages or institute the proceedings provided that the injured party died before the period of limitation expired and provided that the injured party did not waive this claim.
Persons entitled to compensation of damages
Article 502
(1) Entitled to compensation of damages shall also be the person :
1) who was detained or deprived of liberty by the police or the State Prosecutor or his/her liberty was limited by a court decision as a consequence of a criminal offence, but criminal proceedings were not instituted or were discontinued by a final ruling or such person was acquitted by a final judgement or the charge was dismissed ;
2) who served a sentence of imprisonment, and upon the request for retrial, or a request for the protection of legality a sentence of a shorter duration than the sentence served was imposed on him/her, or non-custodial criminal sanction was imposed or s/he was pronounced guilty but the punishment was remitted ;
3) who, due to an error or an unlawful action of state authorities, was deprived of liberty without legal grounds, or kept in detention or penitentiary institution for a longer period of time than prescribed;
4) whose time in detention exceeded his/her sentence.
(2) A person deprived of liberty pursuant to Article 264 of the present Code without legal ground is entitled to compensation of damages if detention was not ordered against him/her or if the time during which s/he was deprived of liberty was not included in the punishment for the criminal offence or misdemeanor.
(3) A person who caused his/her deprivation of liberty, i.e. detention, by illicit acts is not entitled to compensation of damages. In the cases referred to in Paragraph 1, Item 1 of this Article, a person is not entitled to compensation of damages, despite the existence of circumstances referred to in Article 498, Paragraph 1 of the present Code, or if the proceedings were discontinued pursuant to Article 249 of the present Code.
(4) In the damages proceedings regarding the cases referred to in Paragraphs 1 and 2 of this Article, the provisions of this Chapter shall apply accordingly.
Compensation - national proceedings
EDIT.