The defendant in this case unlawfully fabricated explosive substances, contrary to Article 22, paragraph 1 in conjunction with Article 21 of the Law on Explosive Substances, without a license issued by the Ministry of Interior for the production of explosive substances as a responsible person or a person who handles explosive substances during production in a company registered for the production of explosive substances, he used 329.90 g of industrial and high explosive, a plastic bottle, an adhesive tape, a blasting cap and a safety fuse, making an improvised explosive device.
The Court had seized the explosive, 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 criminal offence 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.
From the content of the collected evidence, presented without any objections by the defendant and his defense counsel, the court concluded that the state prosecutor provided sufficient evidence of the guilt of defendant R. V., 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 1 of the Criminal Code of Montenegro, for which the court found him guilty, accepting in full the plea bargain agreement.
While there were no aggravating circumstances, so the court sentenced the defendant to a prison sentence for a term of 4 (four) months, considering as the mitigating circumstances the fact that he was married and a father of a child, as well as his previous non-conviction, established from the criminal records for the defendant issued by the Judicial Information System Section.
Deciding on the criminal sanction from the plea bargain agreement concluded between the parties, the court assessed all the circumstances referred to in Article 42 of the Criminal Code which result in a less or more severe sentence. As mitigating circumstances, the court considered his family situation, the fact that he was married and a father of a child, as well as that he did not have previous criminal record, established from the criminal records for the defendant issued by the Judicial Information System Section of the Basic Court in Podgorica No. 1872/2018. On the other hand, there were no aggravating circumstances, so the court sentenced the defendant to a prison sentence for a term of 4 (four) months, which includes, pursuant to Article 51, paragraph 1 of the Criminal Code, the time spent in custody, in the manner specified in the disposition of the judgment, finding that such a sentence corresponds to the purpose of punishment referred to in Article 32, paragraph 2 of the Criminal Code of Montenegro, within the general purpose of imposing criminal sanctions referred to in Article 4, paragraph 2 of the Criminal Code of Montenegro.
The verdict is final.
The defendant is a mechanical technician, married, father of a minor child, mechanical engineering high school graduate, of medium financial status, without previous criminal history, who was found guilty because he, in June 2018, in Podgorica, being aware that his action was prohibited, unlawfully fabricated explosive substances, contrary to Article 22, paragraph 1 in conjunction with Article 21 of the Law on Explosive Substances, without license issued by the Ministry of Interior for the production of explosive substances. He used 329.90 g of industrial and high explosive, a plastic bottle, an adhesive tape, a blasting cap and a safety fuse, making an improvised explosive device, thus committing the criminal offence of unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code of Montenegro. Accordingly, the court sentenced him to a prison sentence for a term of 4 (four) months, which includes the time spent in custody from 24 September 2018 from 12:00 pm.
High Court in Podgorica
This verdict is obtained from the official web site of the Basic Court in Podgorica.
In this case, the act of committing a criminal offence is the unlawful possession of weapons and explosive substances referred to in Article 403, paragraph 1 of the Criminal Code, for which a prison sentence for a term of three months to three years is prescribed. As in many other cases, the court accepted the plea bargain agreement concluded between the state prosecutor and the defendant, accepting the agreed sentence. In this case, the court also relied on the Law on Explosive Substances, more precisely its Articles 21 and 22, finding that the defendant acted contrary to them, because he did not have a license issued by the Ministry of Interior for the production of explosive substances as a responsible person or a person who handles explosive substances during production in a company registered for the production of explosive substances.