The Government of Montenegro supported the proposed Law on Amnesty, which provides for the shortening of prison sentences for persons who have been legally convicted of certain criminal offences.
The amnesty, which was proposed by the members of the ruling coalition, is stated as a necessary measure in the current situation of the coronavirus epidemic in order to "relieve the burden on the prisons and reduce the number of employed officers". The government, headed by Duško Marković, explained in its opinion, which was submitted to the Assembly, that the proposed law aims to contribute to the prevention of the introduction and spread of the coronavirus in prisons. It is explained that the Committee of the Council of Europe for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, in a statement on principles related to the treatment of persons deprived of liberty in the context of the coronavirus pandemic, recommended to all member states to make more use of commutation of sentences, early release or probation.
The Government's opinion states that this "certainly enables the institution of amnesty in accordance with our criminal legislation".
The draft law envisages a 15 percent reduction in prison sentences for certain criminal offenses for persons who have been legally convicted and are serving their sentences. For persons who have been legally convicted of certain criminal offenses and have not yet started serving their prison sentence, the proposal of the Amnesty Law provides for a 10 percent reduction in the sentence.
Amnesty is valid for the most serious crimes - war crimes against the civilian population, terrorism and human trafficking, rape, money laundering, criminal association and creation of a criminal organization, abuse of a minor, domestic violence.
Persons sentenced to 40 years in prison and for whom a warrant has been issued are exempt from the amnesty. The bill on amnesty, which is on the agenda of the current session, was submitted by MPs Miloš Nikolić, Andrija Popović, Genci Nimanbegu, Ervin Ibrahimović, Adrijan Vuksanović, Danijel Živković and Jovanka Laličić.
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