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Criminal Code

(Published in the “Official Gazette of the Republic of Montenegro”,

Nos. 70/2003, 13/2004, 47/2006 and 40/2008)

 

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Infringement of the right to expression of national or ethnic affiliation

Article 160

(1) Anyone who prevents other persons to express their national or ethnic affiliation or culture, shall be sentenced to a fine or imprisonment not exceeding one year.

(2) Sentenced to the punishment referred to in Paragraph 1 of this Article shall also be every person who coerces other person to declare his/her national or ethnic affiliation.

(3) Should the act referred to in Paragraphs 1 and 2 of this Article be committed by a person acting in an official capacity during performance of his/her duties, that person shall be sentenced to imprisonment not exceeding three years.

 

Infringement of freedom of confession of religion and performance of religious rites

Article 161

(1) Anyone who prevents or restricts freedom of confession or performance of religion, shall be sentenced to a fine or imprisonment not exceeding two years.

(2) Sentenced to the punishment referred to in Paragraph 1 of this Article shall also be anyone who prevents or disturbs performance of religious rites.

(3) Anyone who coerces others to declare their religious beliefs shall be sentenced to a fine or imprisonment not exceeding one year.

(4) A person acting in an official capacity who commits the act referred to in Paragraphs 1 to 3 of this Article shall be sentenced to imprisonment not exceeding three years.

 

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Causing national, race and religious hatred, divisions and intolerance

Article 370

(1) Anyone who causes and spreads national, religious or race hatred, divisions or intolerance among people, national minorities or ethnic groups living in Montenegro, shall be punished by imprisonment for a term of six months to five years.

(2) If an act as of Paragraph 1 of this Article is done by coercion, maltreatment, endangering of safety, exposure to mockery of national, ethic or religious symbols, by damaging other person's goods, by desecration of monuments, memorial-tablets or tombs, the offender shall be punished by imprisonment for a term of one to eight years.

(3) Anyone who commits an act referred to in Paragraphs 1 and 2 of this Article by abusing his/her position or authorities or if as the result of these acts riots, violence or other severe consequences for the joint life of people, national minorities or ethnic groups living in Montenegro occur, shall be punished for an act as of Paragraph 1 of this Article by an imprisonment sentence for a term of one to eight years, and for an act as of Paragraph 2 by imprisonment of two to ten years.

 

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Failure to report a criminal offence and offender

Article 386

(1) Anyone who has information that a person has committed a criminal offence punishable under law by a prison penalty of forty years or who knows that such a criminal offence has been committed but fails to report it before such a criminal offence and perpetrator are detected, shall be punished by imprisonment for a term not exceeding two years.

(2) Punishment referred to in Paragraph 1 of this Article shall also be imposed on an official or responsible person who knowingly fails to report the crime he has been informed about in the performance of his/her official duty, if it is a criminal offence punishable under law by imprisonment of five years or more.

(3) For failure to report a crime or perpetrator referred to in Paragraphs 1 and 2 of this Article exempted from punishment shall be persons to whom the perpetrator is: a spouse or a partner in a permanent extra-marital relationship, direct relative by blood, brother or sister, adoptive parent or adoptive child, as well as a spouse to one of the above mentioned persons or a person living with one of such persons in a permanent extra-marital relationship, as well as a defence counsel, doctor or religious confessor of the perpetrator.

 

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CHAPTER THIRTY FIVE

CRIMINAL OFFENCES AGAINST HUMANITY AND RIGHTS GUARANTEED UNDER INTERNATIONAL LAW

 

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Genocide

Article 426

Anyone who with the intention of partially or completely destroying a national, ethnical, racial or religious group issues orders for commission of murder or infliction of heavy bodily injuries or serious harm to physical or mental health of group members, or placement of the group under such living conditions so as to bring about complete or partial extermination of the group, or taking of measures with which to prevent reproduction among group members, or forced displacement of children into another group, or who commits one of the stated crimes with the same intention, shall be liable to imprisonment for a minimum term of five years or a prison sentence of forty years.

 

Crimes against humanity

Article 427

Anyone who in breaching of the rules of international law, as a part of a wider or systematic attack against civil population, orders: murder, placing entire population or its part under such living conditions so as to bring about their complete or partial extermination; enslavement; forced displacement; torture; rape; coercion to prostitution; coercion to pregnancy or sterilization with a view to changing the ethnic composition of population; persecution or expulsion on political, religious, racial, national, ethnic, cultural, sexual or any other grounds; detention or abduction of persons without disclosing information on it so as to deprive them of legal assistance; oppression of a racial group or establishment of domination of one such group over another; or any other similar inhuman acts intended to cause serious suffering or seriously harm health; or who commits one of the crimes listed above, shall be liable to imprisonment for a minimum term of five years or a prison sentence of forty years.

 

War crimes against civil population

Article 428

(1) Anyone who in breaching of the rules of international law during a war, armed conflict or occupation orders an attack upon civil population, settlement, individual civilians, persons incapacitated for combat or members or facilities of humanitarian organizations or peace missions; an attack without a specific target which strikes civil population or civil facilities under special protection of international law; an attack upon military targets that was expected to cause suffering of civil population or damage to civil facilities in obvious disproportion to expected military effect; orders action against civil population so as to physically injure, torture, inhuman treatment, use in biological, medical and other research experiments or take tissue or organs for transplantation, or to perform other acts causing harm to health or extensive suffering, or order displacement or movement or forced change of nationality or religion; coercion to prostitution or rape; taking of measures of intimidation and terror, taking of hostages, collective punishment, illegal capture and detention; deprivation of right to a just and impartial trial; proclamation of rights and acts of nationals of the opposite party forbidden, suspended or unallowed in court procedure; compelling to service in armed forces of an enemy force or its intelligence service or administration; forced service in armed forces of persons under the age of seventeen; forced labour; starving of population; illegal confiscation, usurpation or destruction of property of civilian population to the extent not justified by military needs; taking an unlawful and excessive contribution and requisition; devaluation of local currency or unlawful issuance of currency; or who commits some of the crimes mentioned above, shall be liable to imprisonment for a minimum term of five years.

(2) Punishment referred to in Paragraph 1 of this Article shall also be imposed on a person who in violation of international law during a war, armed conflict or occupation orders: an attack upon facilities under special protection of international law or facilities and installations of dangerous power such as dams, embankments, and nuclear power plants; strikes at civil facilities under special protection of international law, places without defence and demilitarised zones; long term and extensive damage to environment that can cause harm to health of population or its survival; or who commits some of the crimes mentioned above.

(3) Anyone who during a war, armed conflict or occupation orders murder against civil population or who commits such a crime, shall be liable to imprisonment for a minimum term of ten years or a prison sentence of forty years.

(4) Anyone who in violation of international law during a war, armed conflict or occupation, as an occupying force, orders or commits displacement of part of its own civil population to the occupied territory, shall be liable to imprisonment for a minimum term of five years.

(5) Anyone who threats to commit one or more crimes referred to in Paragraphs 1 and 2 of this Article, shall be liable to imprisonment for a term of six months to five years.

 

War crimes against the wounded and sick

Article 429

(1) Anyone who in breaching the rules of international law during a war or armed conflict orders against the wounded, sick, shipwrecked or sanitary or religious service staff, infliction of bodily injuries, torture, inhuman treatment, biological, medical or other research experiment, taking of tissue or body organs for transplantation or other acts causing harm to health or serious suffering inflicts or order unlawful destruction or usurpation of large quantities of material, means of transport for medical purpose and stocks of medical institutions or units that is not justified by military needs or who commits some of the above stated crimes, shall be liable to imprisonment for a minimum term of five years.

(2) Anyone who during a war, armed conflict or occupation orders murder against civil population or commits such a crime, shall be punished by imprisonment for a minimum term of ten years or a prison sentence of forty years.

 

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Destruction of cultural heritage

Article 439

(1) Anyone who, in breaching of the rules of international law during a war or armed conflict destroys cultural or historical monuments or other cultural objects or religious structures or institutions or facilities intended for research, art, education or humanitarian goals or orders commission of such offences, shall be punished by imprisonment for a term of three to fifteen years.

(2) If an offence referred to in Paragraph 1 of this Article resulted in the destruction of a object that enjoys special protection of international law as cultural heritage, the offender shall be punished by imprisonment for a term of five to fifteen years.

 

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