Article 76
(1) A foreign national who committed a criminal offence may be expelled from
the territory of Montenegro under a court judgment for a term from one to ten years, and
where a foreign national is a repeat perpetrator, he may be expelled for good (Art.43).
(2) In deciding whether to impose the measure referred to in para. 1 above, the
court shall give due consideration to the nature and seriousness of the offence
committed, the motives out of which the criminal offence was committed, the manner in
which it was committed, and any other circumstances that indicate why the foreign
national should not be allowed to stay in Montenegro.
(3) The term of expulsion shall commence on the date of final judgment thereof,
whereby the time spent in prison may not be included in the term for which the measure
is imposed.
(4) The measure referred to in para. 1 above shall not be imposed against a
perpetrator who enjoys protection under ratified international treaties.
Publication of the Judgment
Article 77
(1) Where it renders a judgment of conviction for a criminal offence committed
through media or a criminal offence which endangered life or health of humans, where
the publication of the judgment would help eliminate or diminish such danger, the court
may order that the judgment be published in whole or in part in the media or in some
other appropriate manner, whereby the costs of such publication shall be borne by the
convicted person.
(2) Mandatory publication of judgment may be laid down by law. In that case the
court shall specify the media of publication and whether it shall be published in its
entirety or in summary form.
(3) The judgment shall be published within not longer than thirty days of the date
of the final judgment.
Suspension of Security Measures by Court Decision
Article 78
(1) The court may order suspension of enforcement of the security measures of
disqualification from a profession, activity or duty and driving prohibition provided that
three years have lapsed since the date their enforcement started.
(2) In deciding whether to order suspension of the security measures referred to
in para. 1 above, the court shall give due consideration the convict’s behaviour following
the conviction, whether he has compensated for the damage inflicted by the criminal
offence, whether he has returned the pecuniary gain obtained through the commission of
the criminal offence as well as any other circumstances that may indicate it is justified to
order suspension of the enforcement.