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  1. Constitutions
  2. Montenegro
  3. 132

🇲🇪 MontenegroConstitution

Constitution of Montenegro (Official Gazette of Montenegro, No. 1/2007 and 38/2013)

132

Jurisdiction
Montenegro
Provision
132
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
Article 132. Proclamation of the state of war The state of war shall be proclaimed when there is direct danger of war for Montenegro, when Montenegro is attacked or war is declared against it. Advisory bodies to the head of state If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to proclaim the state of war and submit it to the Parliament for confirmation as soon as the Parliament is able to meet. Emergency provisions Article 133. Proclamation of the state of emergency The state of emergency may be proclaimed in the territory or part of the territory of Montenegro in case of the following: 1. Big natural disasters; 2. Technical-technological and environmental disasters and epidemics; 3. Greater disruption of public peace and order; 4. Violation or attempt to abolish the constitutional order. Advisory bodies to the head of state If the Parliament is not able to meet, the Defense and Security Council shall adopt the decision to proclaim the state of emergency and submit it to the Parliament for confirmation as soon as it is able to meet. The state of emergency shall last until the circumstances that have caused it have ceased to exist. 8. STATE PROSECUTION Attorney general Article 134. Status and responsibility The State Prosecution shall be a unique and independent state authority that performs the affairs of prosecution of the perpetrators of criminal offenses and other punishable acts who are prosecuted ex officio. Attorney general Article 135. Appointment and mandate The affairs of the State Prosecution shall be carried out by the heads of the state prosecution offices and state prosecutors. The Supreme State Prosecutor shall be elected and released from duty by the Parliament of Montenegro after the hearing with the competent working body of the Parliament, at proposal of the Prosecution Council, upon the announced public invitation. The Supreme State Prosecutor and the heads of state prosecution offices shall be elected for the period of five years. The function of the state prosecutor is permanent. Exceptionally, the person that is elected the state prosecutor for the first time shall be elected for the period of four years. The term of office of the head of the state prosecution office and the state prosecutor shall cease or the same shall be released from duty in the cases and according to the procedure as defined by the law. The head of the state prosecution office and the state prosecutor shall be released from duty if they are convicted to effective prison term by the final and binding judgment.

Source record

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Constitution of Montenegro (Official Gazette of Montenegro, No. 1/2007 and 38/2013) · wipo.int · Retrieved 18 August 2026.

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