NAČELO OPORTUNITETA KRIVIČNOG GONJENJA U KRIVIČNOPROCESNOM ZAKONODAVSTVU CRNE GORE
PRINCIPLE OF OPPORTUNITY OF PROSECUTION IN THE CRIMINAL PROCEDURE LEGISLATION OF MONTENEGRO

Summary/Abstract: The subject of this paper is the professional and scientific analysis of the principle of opportunity from the criminal procedural, criminal political and practical point of view. The introductory part gives an overview of the principle of opportunity as one of the instruments which contribute to the efficiency of the criminal procedure. It also states the purpose of its introduction into the legislation, along with the reasons that the legislator was guided by at the time of its adoption. The application of this principle is bounded by the scope of the principle of officiality of criminal prosecution, since it refers only to acts prosecuted ex officio. We analyse the relationship of this principle with the principle of legality of criminal prosecution, as well as with the institute of insignificant social danger as the basis for nullifying a criminal offence.

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