Home > 2.4 Complaints and appeals > MONTENEGRO - Urgent Joint Opinion on the Draft Law on Elections of Members of Parliament and Councillors
 
 
 
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Paragraph 85
 

The consistency of the section dedicated to penalties and sanctions in the draft law is improved as it regulates only one category of criminal offences (misdemeanours), while the recently amended Criminal Code supplements the normative framework with sanctions for felonies, as opposed to the law currently in force that also sanctions several serious election-related crimes. However, the draft law lacks clarity in defining the corpus delicti of the offences, affecting the qualification of the acts and failing to establish conditions for consistent and uniform determination of sanctions. Positively, penal provisions in the draft law cover a wider range of electoral violations than the current law. However, legal gaps remain with regard to the consequences of violations of certain provisions of the draft law, including media campaign rules and campaigning by public officials. The penal provisions of the draft need to be further developed to ensure legal certainty and would benefit from revision.