The defendant was found guilty because in the period from 20xx to 20xx in P., in his house at C Street No. x, being aware that his action was illegal, unlawfully held a Smith-Wesson revolver, model xxx, .357 M caliber, serial no. xxx, with six .357 mm rounds in the cylinder, a CZ pistol, model xx, 9 mm – K caliber, with subsequently engraved serial no. xxx, with a clip with xxx 9 mm – K caliber rounds, as well as xxx pieces of .357 M caliber revolver ammunition, 60 pieces of 9 mm – K caliber pistol ammunition, four pieces of 7.65 mm caliber pistol ammunition in a clip, 3 pieces of 7.65 mm caliber pistol ammunition in a clip, 25 pieces of 7.65 mm caliber pistol ammunition, 8 pieces of .38 caliber revolver ammunition..., 28 pieces of hunting rifle ammunition, 33 pieces of 7.62 x 39 mm caliber hunting rifle ammunition, one piece of 7.9 mm caliber rifle ammunition, six pieces of 7.62 mm caliber pistol ammunition, 55 pieces of .xxx caliber ammunition and four pieces of .22 M caliber ammunition, contrary to Art. 4 paragraph 3, Article 5 paragraph 2, and Article 23 of the Law on Weapons. He committed the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 3 in conjunction with paragraph 1 of the Criminal Code.
The court imposed a security measure of confiscation of firearms and ammunition, as items used in the commission of a criminal offence.
The criminal offence of unlawful possession of weapons and explosive substances, Article 403, paragraph 3 of the Criminal Code.
Article 403
Unauthorized manufacture, possession, mediation and trade in weapons or explosive materials
(3) Where the object of the offences set forth in paragraphs 1 and 2 of this Article is a larger quantity of weapons or instruments or where it concerns a weapon or other instruments of large destructive power, the perpetrator shall be punished by a prison sentence for a term from one to eight years.
The court sentenced the defendant to a prison sentence for a term of 3 (three) months, which includes the time spent in custody. From the content of the collected evidence, presented without any objections by the defendant and his defense counsel, the court concluded that the Basic State Prosecution Office in Podgorica provided sufficient evidence of the guilt of defendant V. D., proving that he, at the time and place and in the manner described in the disposition of this judgment, committed the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 3 in conjunction with paragraph 1 of the Criminal Code of Montenegro. The court found the defendant guilty, accepting in full the plea bargain agreement of the Basic State Prosecution Office in Podgorica Kt. No. 1012/17 of 5 January 2018 on confession of the defendant.
Deciding on the severity of the sanction from the plea bargain agreement concluded between the parties and the defendant’s defense counsel, the court found that the parties’ motion for a sentence was acceptable, in the interest of justice, as well as that the prison sentence in the duration specified in the disposition of the judgment corresponded to the general purpose of imposing criminal sanctions referred to in Article 4, paragraph 2 of the Criminal Code of Montenegro. The verdict is final.
In the period from 20xx to 20xx in P., in his house at C Street No. x, the defendant being aware that his action was illegal, unlawfully held a Smith-Wesson revolver, model xxx, .357 M caliber, serial no. xxx, with six .357 mm rounds in the cylinder, a CZ pistol, model xx, 9 mm – K caliber, with subsequently engraved serial no. xxx, with a clip with xxx 9 mm – K caliber rounds, as well as xxx pieces of .357 M caliber revolver ammunition, 60 pieces of 9 mm – K caliber pistol ammunition, four pieces of 7.65 mm caliber pistol ammunition in a clip, 3 pieces of 7.65 mm caliber pistol ammunition in a clip, 25 pieces of 7.65 mm caliber pistol ammunition, 8 pieces of 38 caliber revolver ammunition, 28 pieces of hunting rifle ammunition, 33 pieces of 7.62 x 39 mm caliber hunting rifle ammunition, one piece of 7.9 mm caliber rifle ammunition, six pieces of 7.62 mm caliber pistol ammunition, 55 pieces of .xxx caliber ammunition and four pieces of .22 M caliber ammunition, contrary to Art. 4 paragraph 3, Article 5 paragraph 2, and Article 23 of the Law on Weapons. He committed the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 3 in conjunction with paragraph 1 of the Criminal Code.
High Court in Podgorica
This verdict is obtained from the official web site of the Basic Court in Podgorica.
In this case, the court assessed that a large quantity of weapons was involved, even though there were two pistols and ammunition. As in other cases, this one also lacks information on the purpose of the weapons and ammunition in question. In other words, it is not known what the defendant planned to use the weapon for, especially considering that the serial number was subsequently engraved on one of the pistols. The judgment stated that the prosecution office presented sufficient evidence to establish guilt in the court proceeding, so the confession of the defendant was not necessary.