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 sourceArticle 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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