Selected Provisions of the Criminal Code of Montenegro (Unofficial Translation)

Contributed by: Irena Milatovic and Vanja Mikulic, Montenegro National VAW Monitors

 

Offences against sexual freedom:

Article 204 - Rape

The one who forces the other to sexual intercourse or other equal act by application of coercion or threat that shall directly attack life or the body of that or another person, shall be punished by imprisonment of two to ten years.

If the offence from paragraph 1 of this article is made by threat that the person or another person shall be revealed something that shall harm his/her honour or dignity or by the threat with some other severe evil, offender shall be punished by imprisonment of one to eight years.

If due to the offence from paragraph 1 and 2 of this article occurred a serious bodily injury or serious damage of health of the person against whom the offence was made or if the offence was made by persons or in especially cruel or especially humiliating manner or against the minor or the offence has the pregnancy as the consequence, the offender shall be punished by imprisonment of three to fifteen years.

If due to the offence from paragraph 1 and 2 of this article cause death of the person against whom the offence was made or if the offence was made against a child, the offender shall be punished by imprisonment from five to eighteen years.

Article 205 - Sexual intercourse over the helpless person

The one who performs sexual intercourse over another person or other equal act by taking advantage of mental impairment, temporary mental disorder, other mental disorder, infirmity or other state of that person due to which that person is not capable for resistance, shall be punished by imprisonment of one to ten years.

If due to the offence from paragraph 1 of this article occurred a serious bodily injury of a helpless person or if the offence was made by more persons or in especially cruel and especially humiliating manner or against minor or the offence has the pregnancy as a consequence, the offender shall be liable to imprisonment from five to eighteen years.

If due to the offence from paragraph 1 and 2 cause death of the person against whom the offence was made or if the offence is made over a minor, the offender shall be liable to imprisonment of five to eighteen years.

Article 206 - Sexual intercourse with a child

The one who performs sexual intercourse or a similar act with a child, shall be punished by imprisonment of one to ten years.

If due to paragraph 1 of this article occurred a serious bodily injury of a child over whom the offence was made or the offence was made by more persons or the offence has a pregnancy as its consequence, offender shall be punished from two to twelve years imprisonment.

If due to the offence from paragraph 1 and 2 of this article occurred the death of a child, the offender shall be punished from five to eighteen years imprisonment. The offender shall not be punished for the offence from paragraph 1 of this article, if between him and a child don’t exist significant difference in their mental and physical maturity.

Article 207 - Sexual intercourse by abuse of the position

The one who by abuse of the position induce to the sexual intercourse or other equal act a person who is in subordinate and dependent position, shall be punished from three months to three years imprisonment.

Teacher, professor, guardian, adoptive parent, parent, stepfather, stepmother, or other person who by the abuse of his/her position or competence perform sexual intercourse or other equal act with a minor who is trusted to him/her for the purposes of education, upbringing, care, shall be punished from one to ten years imprisonment.

If the offence from paragraph 2 of this article is made over a child, the offender shall be punished from two to twelve years imprisonment.

If due to the offence from paragraph 1 to 3 of this article occurred a pregnancy, the offender shall be punished for the offence from the paragraph 1 by imprisonment of six months to five years, for the offence from paragraph 2 from two to twelve years imprisonment, and for the offence from paragraph 3 from three to fifteen years imprisonment.

If due to the offence from paragraph 3 of this article occurred the death of a child, the offender shall be punished from five to eighteen years imprisonment.

Article 208 - Forbidden sexual intercourse

The one who under the circumstances from the article 204, paragraph 1 and 2, article 205 paragraph 1, article 206 paragraph 1 and article 207 paragraph 3 of this law performs some other sexual act, shall be fined or punished to two years imprisonment.

If due to the offence from paragraph 1 of this article occurred a serious bodily injury of the persons against whom the offence was made or if the offence was made by more persons of in especially cruel and especially humiliating manner or against a child, the offender shall be punished from two to ten years imprisonment.

If due to the offence from paragraph 1 of this article occurred the death of the person over whom the offence was made, the offender shall be punished from three to fifteen years imprisonment.

Article 209 - Procuring and permitting sexual abuse

The one who procures minor person to sexual intercourse, other equal act or other sexual act, shall be sentenced of three months to five years imprisonment. The one who permits sexual abuse, other equal act or other sexual act with minor person, shall be sentenced to a maximum of three years imprisonment.

Article 210 - Mediation in prostitution

Whoever recruits or incites the other person to prostitution or participates in handling over the person to the other person for the purposes of prostitution or who advertises or propagates prostitution in public, shall be fined or sentenced to a maximum of one year imprisonment.

If the offence from paragraph 1 of this article is made against a minor person, the offender shall be punished from one to ten years imprisonment.

Article 211 - Presentation of pornographic material

The one who sells, presents by public presentation or the other way makes available texts, pictures, audio-visual or other objects of pornographic content to a child or show him a pornographic show, shall be fined or sentenced to a maximum of a six months imprisonment.

The one who abuses a child for the purposes of making pictures, audio-visual objects of pornographic content or for pornographic show, shall be punished from six months to five years imprisonment.

The one who sells, presents in public or in electronic way or in some other way makes available the pictures, audio-visual or other objects of pornographic content caused by making the offence from the paragraph 2 of this article, shall be punished to a maximum of two years imprisonment.

The objects from paragraphs 1 to 3 of this article shall be taken away. Article 212 Prosecution for criminal offences against sexual freedom Prosecution for criminal offences from the articles 204 and 205 of this law against spouse shall be undertaken by private complaint.

Offences against marriage and family

Article 220 - Violence in the family or family community

The one who endangers the peace, personal identity or mental state of the member of the family or family community by application of violence, impertinent and regardless bahaviour, shall be fined or punished to a maximum one year imprisonment.

If while making the offence from paragraph 1 of this article the weapon, harmful tools or other tools which are suitable to make harm to the body or to the health is used, the offender shall be punished from three months to three years imprisonment.

If due to the offence from paragraph 1 and 2 of this article occurred a serious physical injury or serious violation of health or made against a minor person, the offender shall be punished from one to five years imprisonment.

If due to the offence from paragraph 1, 2 and 3 of this article occurred the death of the member of the family or family community, the offender shall be punished from three to twelve years imprisonment.

Offences against trafficking in human beings:

The article 444 - Trafficking in human beings

Anyone who canvasses, transports, submits, sells, buys, involves himself in the sell, hides or keeps the other person for the purposes of forced labour, bringing into the position of a servant, performing criminal offence, prostitution or begging, usage in pornographic purposes, for the purposes of taking out the part of the body for transplantation or for using it in armed conflicts by the application of force or threat, bringing into delusion or keeping in the delusion, abuse of the permission, trust, subordinate position, difficult status of the another person, keeping an identification card or giving or receiving the money or other benefit, for the purposes of getting consent from the person who controls the other person, shall be punished from one to ten years imprisonment.

For the offence from paragraph 1 of this article made against a minor person, the perpetrator shall be punished with the punishment prescribed for such offence even if he hadn’t used force, threat or some other ways of cited ways of making an offence.

If the offence from paragraph 1 of this article was made against a minor person, the perpetrator shall be punished a minimum of three years imprisonment.

If due to the offence from paragraph 1 and 3 occurred serious bodily injury of a person, the perpetrator shall be punished from one to twelve years imprisonment.

If due to the offence from paragraph 1 and 3 of this article occurred the death of one or more persons, the perpetrator shall be punished a minimum of ten years imprisonment.

Anyone who performs the criminal offence from paragraph 1 to 3 of this article or the offence was made in organized manner by more persons, shall be sentenced to a minimum of five years imprisonment.