Alternativne krivične sankcije u Krivičnom zakoniku Crne Gore
Alternative Criminal Sanctions in the Criminal Code of Montenegro

Summary/Abstract: Alternative criminal sanctions represent a deviation from the traditional system of punishment where imprisonment occupies a central place, and their advantage would undoubtedly be in a significantly more humane and less repressive treatment of convicted persons. For the purposes of this paper, the concept of alternative criminal sanctions should be understood in a narrower sense; namely, this term refers only to those substitutes for imprisonment that are in the form of criminal sanctions prescribed by criminal legislation. Therefore, the subject of this paper is alternative criminal sanctions according to the Criminal Code of Montenegro — imprisonment executed in residential premises, community service, and suspended sentence with protective supervision, but not only their normative solutions but also the manner of their execution. The aim of the paper is to provide a comprehensive analysis of the position of non-custodial sanctions in the system of criminal sanctions of Montenegro, with recommendations for their improvement in accordance with international standards in this field. Reflecting on the importance of alternative sanctions and the development of probation services for their application, the paper emphasises their key role in the existence of an effective system of criminal sanctions in each country, primarily taking into account the goals of special prevention, i. e., a greater possibility of individualising the sanction and its better adaptation to the perpetrator of the criminal act and the circumstances under which the act was committed, compared to the traditional prison sentence.

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