The defendant contrary to Article 5, paragraph 2 in conjunction with Article 4, paragraph 3, item 1 and Article 23, paragraph 3 of the Law on Weapons, unlawfully held ammunition from category B weapons, as follows: three 9 mm–D caliber pieces, with an HP*9mm marking on the bottom of the cartridge, for which he did not have a license issued by the authorities, committing criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code of Montenegro.
The Court had seized the ammunition, according to the provision of the article 75, paragraph 1 of the Criminal Code, where it is stipulated that the objects which were used for or intended for the commission of a criminal offence or which resulted from the commission of a criminal offence may be confiscated, provided that they are owned by the perpetrator.
The continuing criminal offence of unlawful possession of weapons and explosive substances, Article 403, paragraph 1 of the Criminal Code.
Article 403
Unauthorized manufacture, possession, mediation and trade in weapons or explosive materials
(1) Whoever manufactures, sells, procures, exchanges, carries or possesses firearms, ammunition or explosive substances without authorization shall be punished by a prison sentence for a term from three months to three years.
The court sentenced him to a suspended sentence by which he was sentenced to 3 (three) months imprisonment that will not be executed if the defendant does not commit a new criminal offence within 1 (one) year upon the finality of the judgment. When choosing the type and severity of the criminal sanction, the court assessed all the circumstances referred to in Article 42 of the Criminal Code, which affect the penalty to be lower or higher. The court imposed a suspended sentence imprisonment for a term of three months, determining at the same time that the sentence will not be executed if the defendant does not commit a new criminal offence within one year upon the finality of the judgment, finding that this criminal sanction is appropriate to both the criminal offence committed and the defendant’s personality. It would achieve the purpose of suspended sentence, referred to in Article 52, paragraph 2 of the Criminal Code, within the general purpose of prescribing and imposing criminal sanctions referred to in Article 4, paragraph 2 of the Criminal Code of Montenegro.
The verdict is final.
The defendant, aware that his action was prohibited, contrary to Article 5, paragraph 2 in conjunction with Article 4, paragraph 3, item 1 and Article 23, paragraph 3 of the Law on Weapons, unlawfully held ammunition belonging to category B weapons, as follows: three 9 mm – D caliber pieces, with an HP * 9 mm marking on the bottom of the cartridge, for which he did not have an appropriate document issued by the competent authority, which is how he committed the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code of Montenegro. Legally qualifying the established factual situation, the court finds that the defendant has achieved all the essential characteristics of the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code of Montenegro.
Basic Court in Podgorica
This verdict is obtained from the official web site of the Basic Court in Podgorica.
The defendant stated that ammunition represented a memory of his father, but the court did not accept such a defense, considering that the defendant could have obtained a permit and then legally kept the ammunition.
There was no detailed investigation by the competent state bodies – the police and the prosecution service.