Constitution of Montenegro (Official Gazette of Montenegro, No. 1/2007 and 38/2013)
33
- Jurisdiction
- Montenegro
- Provision
- 33
- Source language
- English
- Recorded status
- in force
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- Recorded status
- in force
Provision text
Official sourceArticle 33. Principle of legality
No one may be punished for an act which, prior to being committed, was not stipulated
by law or a regulation based on the law as a punishable act, or pronounced a punishment
that was not stipulated for such act.
Criminal acts and criminal sanctions may be prescribed solely by a law.
Protection from ex post facto laws Article 34. More lenient regulation
Criminal and other punishable acts shall be established and relevant penalties imposed
in accordance with the law or regulation valid at the time when the act is committed,
unless the new law or regulation is more lenient for the perpetrator.
Presumption of innocence in trials Article 35. Presumption of innocence
Every one shall be deemed innocent until the guilt thereof has been established by an
enforceable court decision.
The accused shall not be obliged to prove the innocence thereof.
The court shall interpret the doubt regarding the guilt to the benefit of the accused.
Prohibition of double jeopardy Article 36. Ne bis in idem
No one may be trialed or convicted twice for one and the same punishable act.
Montenegro 2007 (rev. 2013) Page 9
constituteproject.org PDF generated: 27 Apr 2022, 10:50
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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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