IP/N/1/MNE/O/8  
 
9 April 2013  
(13-1798)  Page: 1/184  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND  
REGULATIONS UNDER ARTICLE 63.2  
OF THE TRIPS AGREEMENT 
MONTENEGRO  
This document reproduces the consolidated text1 of the Criminal Code, as notified by Montenegro 
on 21 February 2013 under Article 63.2 of the Agreement (see document IP/N/1/MNE/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
M
ONTÉNÉGRO  
Le présent document contient le texte1 consolidé du Code pénal, notifié par le Monténégro le 
21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/MNE/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD INTELECTUAL 
NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2  
DEL ARTÍCULO 63 DEL ACUERDO 
M
ONTENEGRO  
En el presente documento se reproduce el texto refundido1 del Código Penal, notificado por 
Montenegro el 21 de febrero de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).  
 
 
                                               
1 In English only. The text in Montenegrin is available for consultation at the WTO Secretariat on 
request./En anglais seulement. Le texte monténégrin peut être consulté, sur demande, auprès du Secrétariat 
de l'OMC./En inglés solamente. En inglés solamente. El texto en montenegrino se puede consultar, previa solicitud, en la Secretaría de la OMC.   PP 3-184 - Offset (Pdf file attached) 
PP 3 à 184 - Offset (fichier Pdf joint) PP 3-184 - Offset (fichero Pdf adjunto)  
 C R I M I N A L    C O D E 
 
The
 Code was published in the Official Gazette of the RoM Nos. 70/2003, 
13/2003, 47/2006 and the Official Gazette of MNE Nos. 40/2008, 25/2010 and 
32/2011. The provisions of Chapter VI: See Art. 189 of the Law - 64/2011-1 will be 
repe
aled on 1 September 2012.  
 
GENERAL PART 
 
TITLE ONE 
GENERAL PROVISIONS 
 
Basis and Framework of Criminal Justice Coercion 
 
Article 1 
 Pro tection of persons and other fundamental social values  constitutes the basis 
and framework for defining what acts constitute statutory criminal offences, for 
prescribing criminal sanctions and for their application, to the extent necessary for the 
suppression of these offences.  
 
Lega
lity in Defining Statutory Criminal Offences and 
Prescribing Criminal Sanctions 
 
Article 2 
 A punishment or other criminal sanction may only be imposed for an act which 
constituted a statutory criminal offence before the time of commission and for which 
punishment was authorized by law. 
 
No Punishment without Guilt 
 
Article 3 
 A punishment or any of the warning measures may be imposed only on a 
perpetrator who is guilty of having committed a criminal offence.  
 
Criminal Sanctions and Their General Purpose 
 
Article 4 
IP/N/1/MNE/O/8 
 
         - 3 -  (1) Criminal sanctions shall include the following: punishments, warning 
meas
ures,  security measures, and correctional measures. 
 (2)
 Criminal sanctions shall be prescribed and imposed for the general purpose of 
suppressing the acts which violate and threaten the values protected by criminal 
legislation. 
  
TITLE TWO 
CRIMINAL OFFENCE 
 
1. General Provisions on Criminal Offences 
 
Criminal Offence 
 
Article 5 
 A criminal offence shall be an act which is established by law as a criminal 
offence, which is unlawful, and  for which guilt was determined. 
 
Man n
er of Commission of Criminal Offence 
 
Article 6 
 (1) A criminal offence may be co mmitted by commission or omission. 
 (2 )
 A criminal offence was commit ted by omission when the perpetrator omitted 
to d
o what he was obliged to do. 
 (3) Omission may resu lt in a criminal offence even when the act committed is  not 
established by law as omission provided that the perpe trator satisfied the elements of a 
crim
inal offence by omitting to do what he was obliged to do. 
 
Time of Commission of Criminal Offence 
 
Article 7 
 (1) A criminal offence shall be considered to have been committed at a time when 
the principal ac ted or was obliged to act, irrespective of when the con sequence of that act 
occurred. 
 (2) A n accomplice shall be considered to have committed a cr iminal offence at a 
time when he acted or was o bliged to act. 
 
Plac
e of Commission of Criminal Offence 
 
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         - 4 - Article 8 
 (1) A criminal offence shall be considered to have been committed at a place 
where the  principal acted and was obliged to act or where the consequence of the act 
occurred in whole or in part, and in case of attempts also at a place where the 
consequence of an attempted act according to his wrongful intent should have or could 
have occurred. 
 (2) An accomplice shall be considered to have committed an offence also at a 
place where he acted in the capacity of an accomplice. 
 
Petty Offences 
 
Article 9 
WdeletedW 
 
Legitimate SelfWdefense 
 
Article 10 
 (1) An act committed in legitimate self-defense shall not constitute a criminal 
offence. 
 (2) Legitimate self-defense is such defense which is absolutely necessary for one 
to defend his good and good of another person from a conc u rrent or imminent unlawful 
attack. 
 (3) Where a perpetrator exceeded the limits of legiti m ate self-defense, he may 
receive a lighter punishment, and where the use of excessive power was caused by strong 
excitement or fear due to an assault, punishment may be remitted. 
 
Extreme Necessity 
 
Article 11 
 (1) An act committed in extreme necessity shall not constitute a criminal offence. 
 (2) Extreme necessity is a condition under which a perpetrator committed an act 
to eliminate concurrent or imminent danger to his good or good of another person which 
he did not cause and which could not have been eliminated in any other manner, 
provided that the harm caused thereby does not exceed the harm threatened. 
 (3) Where a perpetrator caused danger by negligence, or where he exceeded the 
limits of extreme nece ssity, he may receive a lighter punishment, and where h e exceeded 
the limits under particularly mitigating circu mstances, punishment may be remitted. 
 (4)
 Where a perpetrator was under an obligation to expose himself to the danger 
threatened, such an act may not constitute extreme necessity. 
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         - 5 -  
Force and Threat 
 
Arti
cle 12 
 (1) An act which was committed under the influence of absolute force shall not 
constitute a criminal offence. 
 (2) If a perpetrator committed a criminal offence to eliminate danger to his good 
or g
ood of another person and where such danger was represented by  either force which 
is n
ot absolute or a threat, the perpetrator shall be subject to the provisions of Art.11 
hereof mutatis mutandum , and the force and threat shall be considered to be a danger 
which he did not cause. 
 (3) If a perpetrator committed a criminal offence under force or threat, where the 
conditions referred to in paras 1 and 2 hereof are not met, the perpetrator thereof may 
receive a lighter punishment, and where such an offence was committed under 
part
icularly mitigating circumstances, punishment may be remitted.  
(4)  In the cases referred to in paras 1 and 2 hereof,  where the person who was 
unde
r force or threat is not considered to be the principal of that criminal offence, then 
the person who applied force or threat shall be considered to be the  principal. 
 
Culpability 
 
Article 13 
(1) 
Considered to be guilty of a criminal offence shall be a perpetrator who is of 
sound mind and who acted with wrongful intent, and was aware or was obliged to be 
aware or could have been aware that his act was prohibited. 
(2) A perpetrator may be considered guilty of a criminal offence committed by  
negligence only where so provided by law. 
 
Mental Capacity  
 
Article 14 
(1) 
A perpetrator shall be considered to have been mentally incapacitated where 
at the time of commission of an unlawful act which constitutes a criminal offence he was 
unable to understand the effects of his act or could not control his actions due to a 
mental illness, temporary mental alienation, arrested mental development or other 
severe mental alienation (mental  incapacity). 
(2) A p erpetrator whose capacity to understand the effects of his act or to control 
his actions was substantially diminished due to any of the conditions referred to in para. 
1 hereof (significantly reduced mental capacity) may receive a lighter punishment. 
(3) The culpability of a perpetrator who due to the us e  of alcohol, drugs or other 
circumstances brought himself to a state in which he could not understand the effects of 
IP/N/1/MNE/O/8 
 
         - 6 - his acts or control his actions shall be determined based on the time immediately 
preceding such state. 
(4) A perpetrator who under the circumstances referred to in para. 3 hereof 
committed a criminal offence in the state of significantly reduced mental capacity may 
not receive a lighter punishment. 
 
Wrongful Intent 
 
Article 15 
A criminal offence shall be considered to have been committed with wrongful 
inte
nt when the perpetrator was aware of his act and desired its commission or when the 
perpetrator was aware that he could commit an act and decided to commit it. 
 
Negligence 
 
Article 16 
A criminal offence shall be considered to have been commit ted by negligence 
when the perpetrator was aware that his action may resu lt in an offence but carelessly 
assumed that it would not occur or that he could prevent it if it occurred, or when he was 
not aware that with his act he may commit an offence although given the circumstances 
under which the offence was committed and his personal capacity he should have been 
aware or could have been aware of this possibility. 
 
Liab
ility for Severe Consequence  
 
Arti
cle 17 
When a criminal offence resulted in a severe consequence for which law provides 
for a more severe punishment, the perpetrator may receive such more severe 
punishment where with respect to that consequence he acted with negligence, but also if 
he acted with wrongful intent provided that the act committed does not contain elements 
of another criminal offence. 
 
Error of Fact 
 
Article 18 
 (1) An act committed under an irreparable error of fact shall not constitute a 
criminal offence. 
 
 (2) An irreparable error of fact exists where a perpetrator was not obliged to 
avoid and could not have avoided the error with respect to a factual circumstance 
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         - 7 - regarded as an element of crime or with respect to a factual circumstance which, had it 
existed, would have made the act lawful. 
 
 (3) If the perpetrator acted under an error of law due to negligence, the act shall 
constitute a criminal offence committed by negligence where so provided by law. 
 
Erro
r of Law 
 
Article 19 
            (1) An act committed under an irreparable error of law shall not constitute a 
criminal offence. 
 
            (2) An irreparable error of law exists where a perpetrator was not obliged to know 
and could not have known that the act he committed was prohibited. 
 
            (3) Where a perpetrator was not aware that the act was prohibited but was obliged 
to know or could have known it was prohibited, he may receive a lighter punishment. 
 
2. Attempted Criminal Offence and Voluntary Abandonment 
 
Attempt 
 
Article 20 
(1) Anyone who commences the commission of a criminal offence with wrongful 
intent but does not complete it shall be punished for attempted criminal offence 
punishable under law by a prison term of five years or longer, whereas other attempted 
criminal offences shall only be punishable where it is explicitly provided for by law that 
the punishment also applies to an attempt. 
 (2) Also considered to be the commencement of a crime is the use of a specific 
tool or the application of a specific method of commission provided that they are defined 
by law as elements of the crime. 
(3) A perpetrator shall be punished for an attempt by the punishment laid down 
for the criminal offence, but may also receive a lighter punishment. 
 
Inappropriate Attempt 
 
Arti
cle 21 
Where a perpetrator attempted to commit a criminal offence with an 
inappropriate tool or against an inappropriate object punishment may be remitted. 
 
Voluntary Abandonment 
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         - 8 -  
Article 22 
(1) Where a perpetrator attempted to commit a criminal offence but has 
voluntarily  abandoned its commission punishment may be remitted. 
 (2) Where a perpetrator voluntarily abandoned the commission of a criminal 
offence, he shall receive punishment for the acts that constitute another separate 
criminal offence which is not covered by the criminal offence that the perpetrator 
abandoned. 
 
3. Complicity in Criminal Offence 
 
Principal and CoWprincipal 
 
Article 23 
(1) A principal shall be a person who commits a criminal offence himself or a 
person who carries out the crime through another person provided that this other person 
can not be considered to be the principal.  
 
(2) Where several persons jointly take part in the commission of a crime with 
wrongful intent or by negligence, or where they follow  their prior arrangement and 
jointly act with wrongful intent and thus make a significant contribution to the 
comm
ission of the criminal offence, each person shall receive a punishment prescribed 
for the cr ime in question.  
 
Instigation 
 
Arti
cle 24 
(1) Anyone who acts with wrongful intent to instigate another person to commit a 
criminal offence shall receive a punishment as if he committed the crime  by himself. 
(2) Anyone who acts with wrongful intent to instigate a nother person to commit a 
criminal offence which carries a five year prison term or a more severe punishment but 
does not even attempt commission shall receive the punishment laid down by law for the 
attempted criminal offence.  
 
Aiding 
 
Article 25 
(1) Anyone who acts with wrongful intent to aid another in the commission of a 
criminal offence shall be punished as if he committed it himself, but may receive a lighter 
punishment. 
(2) The following, in particular, shall be considered as aiding in the commission 
of a criminal offence: giving counsel or instructions on how to com mit the crime, 
supp
lying the perpetrator with the means for commission of the crime, creating 
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         - 9 - conditions or removing obstacles to the commission of crime as well as promising one 
prio
r to the commission to conceal the crime, a perpetrator, the means by which the 
crime was committed, any traces of the crime, or the proceeds of crime. 
 
Limits of Liability and Punishment of Accomplices 
 
Article 26 
(1) Co-principal liability is defined by his wrongful intent or negligence, and 
instigator and aider liability by their wrongful intent.  
(2) Where a co-principal, instigator or an aider voluntarily prevented the 
commission of a criminal offence, punishment may be remitted. 
(3) Personal relations, capacity and circumstances for which the law excludes 
culpability or allows for the remission of punishment and which serve as ground to 
qualify an offence as serious or minor, or have an impact on the punishment imposed, 
may apply only to the principal, co-principal, instigator or aider with whom such 
relations, capacity and circumstances exist. 
 
Punishment of Instigator and Aider for 
Attempt and for Minor Criminal Offence 
 
Article 27 
(1) Where the commission remains incomplete, the instigator and aider shall 
receive a punishment for an attempt. 
(2) Where the principal commits a minor criminal offence than the one that 
instigation or aiding refer s to and which would have been contained in it, t he instigator 
and 
aider shall receive punishment for the criminal offence committed.  
(3) The provision of para. 2 hereof shall not apply if the instigator would receive a 
more severe punishment under Art.24, para. 2, hereof.  
 
Special Provisions on Liability for Criminal Offences  
Committed through Media 
 
Liability of EditorWinWchief 
 
Article 28 
(1) Liability for criminal offences committed through media shall be borne by the 
editor-in-chief or a person replacing him at the time of publication of the information 
provided that: 
1) until the end of the main hearing before a first instance court the 
aut
hor remains unknown, 
IP/N/1/MNE/O/8 
 
         - 10 - 2) the information was published without the consent of the author, 
3) at the time when the information was published there existed, and 
sti
ll exist, factual or legal obstacles to prosecuting the author. 
(2) An editor-in-chief or a person replacing him shall not be liable if for justified 
reasons he had no knowledge of the circumstances referred to in para. 1, subparagraphs 1 
through 3 hereof. 
 
Liability of Publisher, PrintingWentity and Producer 
 
Article 29 
(1)  Provided that the requirements referred to in Art.28 above are met, liability 
shall be borne by the following: 
                 1) publisher – for a criminal offence committed through regular press 
publications, and where the publisher does not exist or where there are factual or legal 
obstacles to his prosecution, then liability shall be borne by the printing-entity which had  
knowledge of it, 
                 2)  producer – for a criminal offence committed through a compact disc, 
phonograph record, magnetic tape and other audio means, film intended for public or 
private reproduction, slides, videos or other similar means of communication intended 
for wider audience. 
(2) Where the publisher, printing-entity or producer is a legal person or a state 
authority, liability shall be borne by the officer responsible for publishing, printing or 
production. 
 
Application of Provisions from Articles 28 and 29 
 
Article 30 
The provisions on liability of the persons referred to in Articles 28 and 29 hereof  
shall only apply where under the general provisions of this Code these respective persons 
may not be considered to be a perpetrator of a criminal offence. 
 
5. Criminal Liability of Legal Persons 
 
Article 31 
 (1) Criminal liability of legal persons and sanctions to be applied thereto shall be 
laid down by law. 
  
TITLE THREE 
PUNISHMENT 
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         - 11 - 1. Purpose of Punishment, Types of Punishment and Requirements 
for their Imposition 
 
Purpose of Punishment 
 
Article 32 
Within the general purpose of criminal sanctions (Art.4, para. 2), the purpose of a 
punishment shall be to: 
 1) prevent a perpetrator from commission of criminal offences and influence him 
not to commit criminal offences in the future; 
 2) influence others not to commit criminal offences; 
 3) express social condemnation of the criminal offence and emphasize that 
everyone has a duty to abide by law; 
 4) strengthen morality and promote social responsibil i ty. 
 
Types of Punishments 
 
Article 33 
Perpetrators may receive the following punishments: 
 1) forty-year prison term; 
 2) prison term; 
 3) fine; 
 4) community work. 
 
Prin
cipal and Accessory Punishments 
 
Article 34 
 (1) A forty-year prison term, a prison term and community work may be imposed 
only as principal punishments. 
 (2) A fine may be imposed as both a principal and accessory punishment. 
 (3) Where a single criminal offence carries several punishments, only one of them 
may be imposed as the principal punishment. 
 
FortyWyear Prison Term 
 
Article 35 
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         - 12 -  (1) A forty-year prison term may be prescribed for the most serious criminal 
offences provided that it is not prescribed as the only punishment for a specific criminal 
offence. 
 (2) A forty-year prison term may not be imposed on the following: 
  1) a person who at the time of commission of a criminal offence is not 21;   
  2) a person who at the time of commission of a criminal offence is of  
 significantly reduced mental capacity (Art.14, para. 2); 
  3) a person who attempted to commit a criminal offence. 
 
Prison Term 
 
Article 36 
 (1) A prison term may not be shorter than thirty days or longer than twenty years. 
 (2) The prison term referred to in para. 1 hereof shall be imposed in full years and 
months, and terms up to six months shall be imposed also in days. 
 
Parole 
 
Article 37 
 (1) A prisoner who has served two thirds or, exceptionally, has served a half of his 
prison term or his forty year prison term may be released on parole provided that during  
his prison term he has improved his behaviour to an extent that it can be reasonably 
expected that his behaviour outside of prison will be good and, in particular, that he will 
not reoffend during his service of the remainder of the punishment. In deciding whether 
a prisoner meets the requirements for parole, due consideration shall be given to his 
conduct during the service in prison, his fulfillment of work obligations, which is 
assessed with respect to his capacity, as well as to other circumstances that indicate that 
the purpose of the punishment has been achieved. 
(2) The decision granting a prisoner parole may order that he fulfills an 
obligation set by law.  
 (3) In the case referred to in para. 1 hereof, the prisoner shall be considered to 
hav
e served his punishment provided that the parole is not revoked. 
 
Revocation of Parole 
 
Article 38 
 (1) Parole shall be revoked by court where during his parole the convicted person 
commits one or more criminal offences that carry a prison term over one year, or where 
he omits to fulfill an obligation ordered by law. 
 (2) Parole may be revoked by court if the person on parole commits one or more 
criminal offences which carry a prison term up to one year. In deciding whether to 
IP/N/1/MNE/O/8 
 
         - 13 - revoke parole, the court shall consider in particular any links between the criminal 
offences committed, their respective motives and other circumstances which may show 
that revocation of parole is justified. 
 (3) The provisions of paras 1 and 2 hereof also apply when the person on parole is 
tried for a criminal offence that he committed before his release on parole. 
 (4) When a court revokes parole it shall impose punishment by applying the 
provisions of Articles 48 and 50, para. 2 hereof and shall consider previously imposed 
punishment as already established. Part of the punishment that the convicted person has 
served under the previous conviction shall be included in the new punishment, while the 
time spent on parole shall not be included. 
 (5) Where a person on parole is sentenced to a prison term up to one year, and 
the court does not revoke parole, the parole shall be extended by the time he spent 
serving that prison term. 
 (6) In the cases referred to in paras 1 through 3 hereof, the parole may be revoked 
not later than within two years of the date when the parole expired.  
 
Fine 
 
Article 39 
 (1) A fine may n ot be set at below two hundred euros. A fine may not e x ceed 
twenty thousand euros, while for criminal offences committed out of greed it m ay not 
exceed one hundred thousand euros. 
 (2) When imposed as the principal punishment, a fine shall be set as follows: 
1) u
p to two thousand euros for criminal offences pun ishable by a prison term up 
to t
hree months;  
2) from four hundred to four thousand euros for criminal offences punishable by 
a prison term up to six months; 
3) from six hundred to eight thousand euros for criminal offences punishable by 
a prison term up to one year; 
4) from eight hundred to sixteen thousand euros for criminal offences punishable 
by a prison term up to two years;  
5) minimum one thousand two hundred euros for criminal offences punishable 
by a prison term up to four years; 
 6) minimum one thousand two hundred euros for criminal offences which carry 
a fine as the only punishment. 
(3) For criminal offences committed out of greed the fine as an accessory 
punishment may be imposed even when it is not prescribed by law, or when law 
prescribes that a perpetrator shall be punished by either a prison term or a fine,  and the 
court imposes a prison term as the principal sentence.  
(4) Where the court imposes a fine as the principal pu n ishment and additionally 
imposes a fine as an accessory punishment, a single fine shall be imposed under the rules 
laid down in Art.48 hereof. 
IP/N/1/MNE/O/8 
 
         - 14 - (5) The court ruling shall specify the term of payment which may not be shorter 
than fifteen or longer than three months. Where so justified, the court may allow the 
convicted person to pay the fine in installments, provided that the payment deadline is 
not longer than within one year. 
(6) Where a convicted person does not pay a fine within the deadline set thereof, 
the court shall replace the fine by a prison term by substituting each twenty-five euro 
amount in his fine by one day of prison term, provided that the prison term does not 
exceed six moths, and where a fine exceeding nine thousand euros is imposed, the prison 
term may not be longer than one year.  
(7) Upon prior consent of the convicted person, an outstanding fine not 
exc
eeding two thousand euros may be substituted by community work and not by a 
prison term. Each twenty-five euro amount of his fine shall be substituted by eight hours 
of community work, provided that the community work does not exceed three hundred 
and sixty hours. 
 (8) Where the convicted person pays only part of the fine, the court shall 
substitute the remainder by a prison term on a pro rata basis, and where the convicted 
person pays the remainder of the fine, his service of the prison term shall be suspended. 
(9) The fine may not be enforced in the event of death of the convicted person. 
 
Amount of Daily Fine 
 
Article 40 
(1) In the cases when it is possible to establish the perpetrator’s assets and 
liabilities, the court may pronounce a fine in daily amounts. 
(2) The number of daily fines may not be less than ten or more than three 
hundred and sixty. The number of daily fines to be imposed for the criminal offence 
committed shall be set in accordance with the general rules on fixing of punishment as 
laid down in Art.42 hereof. 
 
(3) The amount of daily fine shall be determined by dividing the difference 
between the perpetrator’s assets and liabilities in the previous calendar year by the 
number of days in a year, whereby the daily fine must be more than five and less than 
one thousand euros. 
 (4) The total amount of fine shall be calculated by the court by multiplying the 
number of daily fines by the amount of the daily fine.  
(5) In determining the value of daily fines the court may request data from banks 
and other financial institutions, state authorities and legal entities which shall 
communicate the data requested and which may not invoke protection of business or 
other secrets.  
(6) Where it is not possible to obtain reliable data on perpetrator’s assets and 
lia
bilities, or where the perpetrator does not earn any income but is the owner of 
property or holder of property rights, the court shall use the available data and 
determine the amount of daily fine at its own discretion.  
(7) The provisions of Art. 39, paras 3 through 9 hereof shall also apply when a 
fin
e is imposed in compliance with the above provisions. 
IP/N/1/MNE/O/8 
 
         - 15 -  
Community Work 
 
Article 41 
 (1) Community work may be imposed for criminal offences punishable by a fine 
or prison term up to five years. 
 (2) Community work may be imposed for minimum sixty and maximum three 
hundred and sixty hours to be served over a period of time not shorter than thirty days or 
longer than six months.  
            (3) This punishment shall be imposed upon prior consent of the perpetrator and 
may not be served for longer than sixty hours in a month. 
(4) Community work shall be considered to be any work which is beneficial for 
society, does not harm one’s dignity, and is not done for any gain. 
(5) In pronouncing this punishment, the court shall give due consideration to the 
type of the criminal offence committed and the perpetrator’s personality. 
(6) If a perpetrator omits to complete his community work, this punishment shall 
be replaced by a prison term, whereby each sixty hour period of community work 
initiated will be substituted by one month prison term. 
 
2. Fixing of Punishment 
 
General Rules for Fixing Punishment 
 
Article 42 
(1) The court shall fix the punishment for the perpetrator of a criminal offence 
within the statutory limits for that particular offence taking into account the purpose of 
punishment and giving due consideration to any circumstances which result in lighter or 
more severe punishment (mitigating and aggravating circumstances) as well as the 
following, in particular: degree of culpability, motives for the commission of offence, 
degree of peril or injury to the protected good , circumstances under which the offence 
was 
committed, perpetrator’s history, his personal situation, his behaviour after the 
commission of criminal offence, particularly his attitude towards the victim of the 
crimi nal offence as well as any other circumstances concerni ng the perpetrator’s 
personality. 
(2) In fixing a fine the court shall give particular consideration to the 
perpetrator’s financial situation. 
(3) The circumstance which is an element of the criminal offence may not be  
additionally taken into consideration as either an aggravating or mitigating 
circumstance, except where it exceeds the measure required for establishing the criminal 
offence or a certain form of criminal offence, or where there are two or more such 
circumstances of which only one is sufficient for the establishment of a more serious or 
minor form of the criminal offence. 
IP/N/1/MNE/O/8 
 
         - 16 -  
Reoffending 
 
Article 43 
When fixing punishment for a perpetrator who has reoffended after he has served 
a punishment, been forgiven a punishment, had his punishment barred by the statute of 
limitations, or has had his punishment remitted after the deadline for revocation of 
parole has expired, or after he has been imposed judicial admonition, the court can take 
this as an aggravating circumstance while at the same time giving due consideration to 
the seriousness of the prior offence, whether his prior offence is of the same kind as the 
new one, whether both offences were committed out of the same motives, as well as to 
the circumstances under which the offences were committed and how much time has 
passed since the earlier conviction or since the punishment imposed, forgiven or barred 
by the statute of limitations, since the remission of punishment, expiry of the deadline 
for revocation of an earlier suspended sentence or since the judicial admonition 
imposed. 
 
Multiple Reoffending 
 
Article 44 
(1) For a criminal offence which was committed with wrongful intent and which 
is punishable by a prison term, the court may impose a more severe punishment than the 
punishment provided for by law on condition that: 
                  1) the perpetrator has already been convicted twice or more times for criminal 
offences committed with wrongful intent to a prison term of minimum one year, and that 
he shows propensity for offending;  
                  2) less than five years passed from his release from service of the previous 
punishment to the commission of  the new criminal offence. 
(2) 
The more severe punishment may be pronounced for maximum twice the 
amount of the punishment provided for by law, and for maximum twenty year prison 
ter
m. 
(3) In assessing whether to impose a more severe punishment than the 
punishment provided for by law, the court shall give due consideration in particular to 
the number of prior convictions, any relations between such prior criminal offences, 
motives out of which they were committed, circumstances under which the offences were 
committed, and the need to impose such punishment in view of the purpose of 
punishment to be achieved. 
 
Mitigation of Punishment 
 
Article 45 
The court may impose on a perpetrator a punishment below the limit laid down 
by law or a lighter punishment provided that: 
IP/N/1/MNE/O/8 
 
         - 17 -  1) a lighter punishment is provided for by law; 
 2) remission of punishment is provided for by law, but the punishment does not 
get remitted by court; 
 3) it is established that there were particularly mitigating circumstances and it is 
assessed that a mitigated punishment will be sufficient to achieve the purpose of 
punishment. 
 
Limits of Mitigation of Punishment 
 
Article 46 
 (1) Where the requirements for mitigation of punishment referred to in Art.45 of 
this Code are met, the court shall impose a lighter punishment, subject to the following 
limits: 
1) if the criminal offence carries a minimum prison term of five years or 
longer, the punishment may be mitigated up to two year prison term; 
2) if the criminal offence carries a minimum prison term of three years or 
longer, the punishment may be mitigated up to one year prison term;   
 3) if the criminal offence carries a minimum prison term of two years, 
the punishment may be mitigated up to six month prison term;  
  4) if the criminal offence carries a minimum prison term of one year, the 
punishment may be mitigated up to three month prison term; 
 5) if the criminal offence carries a minimum prison term under one year, 
the punishment may be mitigated up to thirty day prison term; 
  6) if the criminal offence carries a prison term for which minimum term 
is not specified, the punishment may be replaced by a fine; 
 7) if the criminal offence carries a fine for which the lowest amount is 
specified, the punishment may be mitigated to six hundred euro. 
(2) When the court is authorized to remit punishment to a perpetrator, the 
punishment may be mitigated without taking into consideration the limits prescribed for 
mitigation of punishment. 
 
Remission of Punishment 
 
Article 47 
(1) Punishment may be remitted by court only where so explicitly provided for by 
law. 
(2) Punishment may also be remitted by court where a perpetrator committed an 
offence by negligence and where the consequences of that offence affect the perpetrator  
to an extent that makes it reasonable to believe that imposition of punishment would not 
serve its purpose. 
IP/N/1/MNE/O/8 
 
         - 18 - (3) Punishment may also be remitted by court where a perpetrator committed a 
criminal offence punishable by maximum five year prison term provided that after the 
commission but before he learned he was uncovered he had eliminated the consequences 
of the offence or had compensated the damage inflicted by the criminal offence. 
 
Concurrence of Criminal Offences 
 
Article 48 
(1) Where a perpetrator by one or more acts committed several criminal offences 
for which he is tried at the same time, the court shall first pronounce the punishment for 
each of the respective criminal offences, and then impose a cumulative punishment for 
all the  offences. 
(2) A cumulative punishment shall be imposed by the court subject to the 
following rules: 
 1) where for one of the concurrent criminal offences the court pronounced 
a forty year prison term, the court shall impose that pun i shment only; 
 2) where for concurrent criminal offences the court pronounced prison 
terms, the court shall increase the most severe punishment fixed, provided that 
the cumulative punishment is shorter than the sum of individual punishments 
fixed and that it does not exceed twenty year prison term; 
 3) where all of the respective concurrent criminal offences carry a prison 
term of up to three years, the cumulative punishment may not exceed ten year 
prison term; 
 4) where for concurrent criminal offences the court pronounced only 
fines, the court shall impose a cumulative fine which amounts to the sum of 
individual fines provided that it does not exceed twenty thousand euros, or a 
hundred thousand euros where one or more criminal offences were committed 
out of greed; and where the court pronounced only daily fines, they may not 
exceed the amount of three hundred and sixty thousand euros;  
                 
 5) where for concurrent criminal offences the court pronounced 
com
munity work as the only punishment, the court shall impose a cumulative 
punishment of community work which amounts to the sum of hours of work to 
be served, provided that the punishment does not exceed three hundred and 
sixty hours and that the period within which the community work must be done 
does not exceed six months; 
 6) where for some concurrent criminal offences the court pronounced 
prison terms and fines for other concurrent criminal offences, the court shall 
impose a cumulative prison term and a single fine, under the provisions of 
subparagraphs 2 through 4 of this paragraph. 
(3) The court shall impose a fine as an accessory punishment provided that it was 
pronounced as punishment for at least one of the concurrent criminal offences, and 
where the court pronounced more than one fine, it shall impose a cumulative fine under 
the provision of para. 2, subpara. 4 hereof. 
IP/N/1/MNE/O/8 
 
         - 19 - (4) Where the court pronounced prison terms and juvenile prison terms for 
concurrent criminal offences, the court shall impose a cumulative prison term under the 
rules laid down in para. 2, subparagraph 2 hereof. 
 
Continuing Criminal Offence 
 
Article 49 
(1) A continuing criminal offence is composed of several criminal offences that 
are identical or of the same kind, were committed by the same perpetrator, and 
represent a whole because at least two of the following circumstances apply: the victim is 
the same, the object of offence is the same, the same situation or the same permanent 
relationship is used, the place or area of commission is the same, or the perpetrator’s 
wrongful intent is the same. 
(2) Criminal offences against person may constitute a continuing criminal offence 
only when committed against the same person. 
(3) Offences that due to their nature may not be joined into a single offence may 
not constitute a continuing criminal offence. 
(4)  Where a continuing criminal offence comprises minor and more serious 
forms of the same offence, the most serious form of the offences committed shall be 
considered to constitute a continuing criminal offence. 
(5) A continuing criminal offence may be punished by a more severe punishment 
than the punishment provided for by law provided that the continuing criminal offence 
consists of at least three criminal offences that meet the requirements referred to in para. 
1 hereof. 
 
(6) A more severe punishment may not exceed twice the punishment laid down 
by law or exceed a twenty year prison term. 
 
(7) 
The c riminal offence that is not included in the continuing criminal offence as   
set in the final judgment constitutes a separate criminal offence and makes part of a 
separate continu ing criminal offence. 
 
Fixi
ng Punishment for Convicted Person 
 
Article 50 
(1) Where a convicted person is tried for a criminal offence committed before he 
started service of punishment as a result of a prior conviction, or is tried for a criminal 
offence committed during his service of a prison term or a juvenile prison term, the court  
shall impose a cumulative punishment for all the criminal offences pursuant to the 
provisions of Art.48 hereof and shall in so doing accept  the previously imposed 
puni
shment as already pronounced. The punishment or par t of punishment that the 
conv
icted person has served will be included in the prison term pronounced. 
(2) Where a convicted person is tried for a criminal offence committed during his 
service of a prison term or a juvenile prison term, the court shall impose a punishment  
IP/N/1/MNE/O/8 
 
         - 20 - irrespective of the previously imposed punishment if the purpose of punishment may not 
be achieved by applying the provisions of Art.48 hereof, taking into account the 
seriousness of the criminal offence and the part of earlier punishment not yet served. 
(3) A convicted person who during his service of a prison term or a juvenile 
prison term commits a criminal offence which is punishable by law by either a fine or up 
to one year prison term shall receive a disciplinary punishment. 
 
Time of Detention and Earlier Punishment Included 
 
Article 51 
(1) The time spent in pre-trial detention, as well as any other deprivation of 
liberty in relation to the criminal offence shall be included in the imposed prison term, 
juvenile prison term, community work, or a fine. 
(2) Where a criminal proceeding was conducted for several concurrent criminal 
offences and detention was not ordered for respective offences, the time spent in pre-
trial detention shall be included in the imposed prison term, juvenile prison term, 
community work, or a fine for the criminal offence for which the accused person was 
convicted. 
(3) The prison term or the fine that the convicted person served or paid for a 
misdemeanor or economic offence, as well as punishment or disciplinary measure of 
deprivation of liberty which he served for violation of military discipline shall be 
included in the punishment imposed for a criminal offence whose elements include the 
elements of a misdemeanor, economic offence, or violation of military discipline. 
(4) I n calculating an earlier punishment, equivalence shall  apply among the 
following: a day of pre-trial detention, a day of deprivation of liberty, a day of juvenile 
prison term, a day or prison term, eight hours of community work and the fine of twenty-
five euros.  
 
TITLE FOUR 
WAR
NING MEASURES 
 
1.  Suspended Sentence and Judicial Admonition 
 
Purpose of Suspended Sentence and Judicial Admonition 
 
Article 52 
(1) Warning measures shall be: suspended sentence and judicial admonition. 
(2) Within the general purpose of criminal sanctions (Art.4, para. 2), the purpose 
of a suspended sentence and judicial admonition shall be to avoid imposition on the 
perpetrator of a punishment for minor criminal offences when that is considered not 
necessary for criminal law protection and when it is reasonable to expect that 
admonition, together with imminent punishment (suspended sentence) or an 
IP/N/1/MNE/O/8 
 
         - 21 - admonition alone (judicial admonition), will have sufficient influence on the perpetrator 
to deter repeat offending. 
  
Suspended Sentence 
 
Article 53 
(1) By pronouncing a suspended sentence the court pronounces a punishment 
and orders at the same time that such punishment shall not be enforced provided that 
the convicted person does not reoffend within a term set by the court for not shorter than 
one or longer than five years (probation term).  
(2) The court may specify in the suspended sentence that the punishment shall be 
enforced if the convicted person does not return the pecuniary gain obtained through the 
commission of the criminal offence or does not compensate for the damage he caused by 
the commission of criminal offence or does not fulfill any other obligations provided for 
in criminal law provisions. The deadline by which these obligations must be fulfilled 
shall be set by the court within the probation term prescribed. 
(3) Security measures which are imposed together with a suspended sentence 
shall be enforced. 
 
Conditions for Imposing Suspended Sentence 
 
Article 54 
(1) A suspended sentence may be imposed when the perpetrator is pronounced a 
prison term up to two years. 
(2) A suspended sentence may not be imposed for criminal offences punishable 
by a prison term up to ten years or a more severe punishment.  
(3) A suspended sentence may not be imposed unless more than five years have 
passed since the date of  the finality of the judgment of c onviction for an offence 
comm
itted with wrongful intent. A suspended sentence may not be imposed on a 
perpetrator who has already been imposed two suspended sentences. 
(4) When determining whether to impose a suspended sentence, the court shall 
take into account the purpose of the suspended sentence and give particular 
consideration to the perpetrator’s personality, his personal history, his behaviour after 
the commission of the criminal offence, the degree of guilt and other circumstances 
under which the offence was committed. 
(5) If both a prison term and a fine are pronounced on a perpetrator, a suspended 
sentence may be imposed only for the prison term. 
 
Revocation of Suspended Sentence due to New Criminal Offence 
 
Article 55 
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         - 22 - (1) The court shall revoke a suspended sentence if during his probation term the 
convicted person commits one or more criminal offences and receives a prison term of 
two years or longer.  
 (2) Where during his probation term the convicted person commits one or more 
criminal offences and receives a prison term of less than two years or a fine, the court 
shall decide whether to revoke the suspended sentence after having reviewed all the 
circumstances of the offences committed and the perpetrator himself, and in particular  
the relatedness of committed criminal offences, their importance and motives out of 
which they were committed. The court shall thereat be limited by the rule that a 
suspended sentence may not be imposed if the perpetrator should be imposed 
punishment of more than two years in prison for criminal offences determined in the 
suspended sentence and for the new criminal offences (Art.54, para. 1).  
 (3) Where the court revokes a suspended sentence, it shall impose a cumulative 
prison term by applying the provisions of Art.48 hereof for both the previously 
committed and the new criminal offence by taking the punishment from the revoked 
suspended sentence as already imposed. 
 (4) Where the court does not revoke a suspended sentence, it can impose a 
suspended sentence or a punishment for the new criminal offence. A convicted person 
who receives a prison term for the new criminal offence shall not have the period served 
in prison included in the probation term pronounced under the suspended sentence for 
the previous offence. 
 (5) Where the court finds that a suspended sentence should also be imposed for 
the new criminal offence, the court shall pronounce a cumulative punishment for both 
the earlier and the new criminal offence under the provisions of Art.48 hereof and shall 
specify a ne w probation term for minimum one and maximum five year s  counting from 
the date of finality of the new judgment. If the convicted person commits a criminal 
offence during his new probation term, the  court shall revoke the suspended sentence 
and 
impose a prison term by applying the provision of para. 3 hereof. 
 
Revocation of Suspended Sentence 
due to Prior Criminal Offence 
 
Article 56 
 (1) The court shall revoke a suspended sentence if, after its imposition, the court 
establishes that the convicted person committed a criminal offence prior to the 
imposition of a suspended sentence and if the court finds that there would have been no 
grounds for the imposition of a suspended sentence had the existence of that offence 
been known. In such a case, the provision of Art.55, para. 3 hereof shall apply. 
 (2) If the court does not revoke a suspended sentence, provision of Art.55, para. 4 
hereof shall apply. 
 
Revocation of Suspended Sentence due to 
the Omission to Fulfill Specific Obligations 
 
IP/N/1/MNE/O/8 
 
         - 23 - Article 57 
 Where under the suspended sentence the convicted person is ordered to fulfill 
any of the obligations referred to in Art.53, para. 2 hereof, and where he omits to comply 
within the time limit provided for in the judgment, the court may, within the limits of 
probation term, extend the deadline for fulfilling the obligation or it may revoke the 
suspended sentence thereof and impose the punishment pronounced in the suspended 
sentence. If the court establishes that the convicted person may not fulfill the obligation 
for justified reasons, the court shall relieve him of the duty to comply or replace it by 
other appropriate obligation laid down by law. 
 
TimeWlimits for Revocation of Suspended Sentence 
 
Article 58 
 (1) A suspended sentence may be revoked during the probation term. During this 
term, if a convicted person commits a criminal offence which entails a revocation of the 
suspended sentence, whereas it is determined by the judgment only after the expiry of 
the probation term, the suspended sentence may be revoked within maximum one year 
of the date the probation term expired. 
 (2) If a convicted person does not fulfill an obligation referred to in Art.53, para. 
2 hereof within the time limit set, the court may order within maximum one year of the 
date when the probation term expired that the punishment pronounced in the suspended 
sentence be enforced. 
 
Suspended Sentence with Protective Supervision 
 
Article 59 
 (1) The court may order that the perpetrator who has been imposed a suspended 
sentence be placed under protective supervision for a specific period of time during the 
probation term. 
 (2) Protective supervision includes the measures of assistance, care, supervision 
and protection, as laid down by law. 
 
Conditions for Ordering Protective Supervision 
 
Article 60 
 (1) When a court imposes a suspended sentence it may order that a perpetrator 
be placed under protective supervision if on account of  his personality, personal history, 
behaviour after the commission of criminal offence, and particularly his attitude to the 
victim of the criminal offence and the circumstances of commission of the criminal 
offence it may be reasonably expected that the protective supervision will better serve the 
purpose of the suspended sentence. 
IP/N/1/MNE/O/8 
 
         - 24 -  (2) Protective supervision shall be ordered by the court in the judgment by which 
it imposes the suspended sentence and pronounces the measures of protective 
supervision, their duration, and manner for their implementation. 
 
Obligations While under Protective Supervision 
 
Article 61 
 Protective supervision may comprise one or more of the following obligations: 
 1) reporting to a competent authority in charge of enforcement of protective 
supervision within the time limits specified by that authority; 
 2) training of the perpetrator for a particular profession; 
 3) accepting a job appropriate to the abilities and propensities of the perpetrator; 
 4) fulfillment of the obligations to support family, care and bring up children and  
carry out other family obligations; 
 5) refraining from visiting certain places, bars or events if that may be a chance or 
incentive for repeat offending; 
 6) timely reporting of any change of residence, address or job; 
 7) refraining from the use of drugs and alcohol; 
 8) treatment in an appropriate medical institution; 
 9) visiting particular professional and other counseling offices or institutions and 
following their instructions; 
       10) eliminating or mitigating the damage inflicted by the criminal offence in 
question, and in particular reconciliation with the victim of the crime. 
 
Selection of Measures of Protective Supervision 
 
Article 62 
 When selecting the obligations referred to in Article 61 hereof and determining 
their duration, the court shall take into account in particular the age of perpetrator, his 
health condition, propensities and habits, motives for the commission of criminal 
offence, behaviour after commission of criminal offence, personal history, personal and 
family situation, conditions for fulfilling the obligations ordered as well as other 
circumstances which are related to the perpetrator’s personality and which bear 
relevance to the selection of the measures of protective supervision and their duration. 
 
 
Duration of Protective Supervision 
 
Article 63 
IP/N/1/MNE/O/8 
 
         - 25 -  (1) The duration of the measures of protective supervision shall be set within the 
limits of the probation term specified in the suspended sentence. 
 (2) Protective supervision shall be terminated by revocation of the suspended 
sentence. 
 (3) During the period of protective supervision the court may, in consideration of 
the results achieved, order cancellation of certain obligations or their replacement with 
other obligations. 
 (4) Where in the course of protective supervision the court finds that the purpose 
of this measure has been achieved the protective supervision may be terminated before 
expiration of the time period for which it was ordered. 
 
Consequences of Noncompliance while under Protective Supervision 
 
Article 64 
 Where a convicted person who received protective supervision does not fulfill the 
obligations ordered by the court, the court may admonish him or replace previous 
obligations with other obligations or extend the protective supervision within the limits 
of the probation term or revoke the suspended sentence. 
 
Judicial Admonition 
 
Article 65 
 (1) Judicial admonition may be imposed for criminal offences which carry a 
prison term of maximum one year or a fine and which were committed under such 
mitigating circumstances which render them particularly minor. 
 (2) For certain criminal offences and under the conditions provided for by law, a 
judicial admonition may be imposed even for the offences which carry a prison term not 
exceeding three years. 
 (3) Judicial admonition may be imposed by the court for several criminal 
offences committed in concurrence, provided that the conditions referred to in paras 1 
and 2 above have been established for each of these respective criminal offences. 
 (4) When deciding whether to impose a judicial admonition, the court shall, 
taking into account the purpose of the judicial admonition, consider in particular the 
personality of the perpetrator, his personal history, his behaviour after the commission 
of criminal offence, specifically his relationship towards the victim of crime, the degree 
of guilt and other circumstances under which the offence thereof was committed. 
 (5) A judicial admonition may not be imposed on military persons for criminal 
offences against the Army of Montenegro. 
IP/N/1/MNE/O/8 
 
         - 26 -  
TITLE FIVE 
SECURITY MEASURES 
 
Purpose of Security Measures 
 
Article 66 
 Within the general purpose of criminal sanctions (Art.4, para. 2), the purpose of 
security measures shall be to eliminate the situations or conditions which might 
influence a perpetrator to reoffend.  
 
Types of Security Measures 
 
Article 67 
 A perpetrator may receive any of the following security measures:  
1) mandatory psychiatric treatment and placement in a medical institution; 
2) mandatory psychiatric outpatient treatment; 
3) mandatory medical treatment of drug addiction; 
4) mandatory medical treatment of alcoholism; 
5) disqualification from a profession, activity or duty; 
6) driving prohibition; 
7) confiscation of objects;  
8) expulsion of a foreign national from the country; 
9) publication of the judgment. 
 
Imp
osition of Security Measures 
 
Article 68 
 (1) The court may impose one or more security measures against a perpetrator 
provided that the requirements for their imposition as set by this Code are met.  
 (2) Mandatory psychiatric treatment and placement in a medical institution and 
mandatory psychiatric outpatient treatment are measures which are imposed as 
individual measures on a mentally incapacitated perpetrator. In addition to these 
measures, the court  may order disqualification from a profession, activity  or duty, 
driving prohibition and confiscation of object s. 
IP/N/1/MNE/O/8 
 
         - 27 -  (3) The measures referred to in para. 2 above may be imposed on a perpetrator 
whose mental capacity has been significantly diminished provided that he has already 
received a punishment or suspended sentence. 
 (4) Mandatory medical treatment of drug addiction, mandatory medical 
treatment of  alcoholism, disqualification from a profession, activi ty or duty, driving 
prohibition, confiscation of obj ects and publication of the judgment may be imposed if 
t
he perpetrator has already received punishment, suspended sentence or judicial 
admonition or if his punishment has been remitted 
 (5) The measure of expulsion of a foreign national from the country may be 
imposed provided that the perpetrator has already received punishment or suspended 
sentence. 
 (6) A security measure shall be imposed for concurrent criminal offences 
provided that it was pronounced for at least one of the concurrent criminal offences.  
 
Mandatory Psychiatric Treatment and Placement in Medical Institution 
 
Article 69 
 (1) The court shall impose mandatory psychiatric treatment and placement in an 
appropriate medical institution on a perpetrator who committed a criminal offence in 
the state of significantly diminished mental capacity if it establishes that in consideration 
of the committed offence and the state of mental alienation there is a serious threat that 
the perpetrator may commit a more serious criminal offence and that it is necessary to 
order his medical treatment in such an institution in order to eliminate this threat. 
 (2) If the conditions referred to in para. 1 above are met, the court shall order 
mandatory treatment and placement in a medical institution to a perpetrator who while 
in the state of mental incapacity committed an unlawful act that constitutes a criminal 
offence by law. 
 (3)  The court shall suspend the measure referred to in paras 1 and 2 above once 
it has established that the need for treatment and confinement of the perpetrator in a 
medical institution has ceased. 
 (4) The measure referred to in para. 1 above that is imposed together with a 
prison term may last longer than the imposed sentence. 
 (5) The time spent in a medical institution by the perpetrator who committed a 
criminal offence in the state of significantly diminished mental capacity and who has 
been punished by prison term shall be included in the prison term imposed. If the period 
spent in a medical institution is shorter than the duration of the punishment imposed, 
once the security measure ends, the court shall order that the convicted person serves 
the remainder of punishment or be released on parole. In taking a decision on the release 
on parole, the court shall give due consideration in particular to the success of the 
treatment, his health condition, the time spent in a medical institution and the 
remainder of punishment not yet served, in addition to the conditions referred to in 
Art.37 hereof. 
 
Mandatory Outpatient Psychiatric Treatment 
IP/N/1/MNE/O/8 
 
         - 28 -  
Article 70 
 (1) A perpetrator who in the state of mental incapacity committed an unlawful act 
which constitutes a criminal offence by law shall be imposed the measure of mandatory 
outpatient psychiatric treatment provided that the court determines that there is serious 
threat that the perpetrator may commit an unlawful act which constitutes a criminal 
offence by law and that in order to eliminate this threat his outpatient treatment will be 
sufficient. 
 (2) The measure referred to in para. 1 above may be imposed also on a mentally 
incapacitated perpetrator on whom mandatory psychiatric treatment and placement in 
an appropriate medical institution have been imposed when the court establishes on the 
basis of the results of such treatment that his placement and treatment in that institution 
is no longer needed, and that his outpatient treatment would suffice. 
 (3) Under the conditions referred to in para. 1 above, the court may also impose 
mandatory outpatient psychiatric treatment on a perpetrator whose mental capacity was 
significantly diminished provided that he was imposed a suspended sentence or was 
released on parole pursuant to Art.69, para. 5 hereof. 
 (4) Mandatory outpatient psychiatric treatment may be occasionally conducted in 
an appropriate medical institution if this is necessary in view of a more successful 
treatment thereof, whereby the periodic treatment in a medical institution may not last 
longer than fifteen days continuously, or longer than two months in total.  
(5) Mandatory outpatient psychiatric treatment shall last as long as there is a 
need for the treatment, limited to three years. 
 (6) In the case referred to in paras 1 through 3 above, if the perpetrator does not 
undergo outpatient treatment, or terminates it of his own free will, or if despite 
treatment thereof there is danger that he will commit again an unlawful act which 
constitutes a criminal offence by law that may render his treatment and confinement in a 
relevant medical institution necessary, the court may impose mandatory psychiatric 
treatment and confinement in such an institution.  
 
Mandatory Medical Treatment of Drug Addiction 
 
Art
icle 71 
 (1) The court shall impose mandatory treatment on a perpetrator who committed 
a criminal offence due to his addiction to narcotics and where there is a serious danger 
that he may reoffend due to this addiction. 
 (2) The measure referred to in para. 1 above shall be enforced in an institution for 
the enforcement of the punishment or in an appropriate medical or o ther specialized 
inst
itution and shall last for as long as there is a need for treatment, limited to three 
years. 
(3) When the measure referred to in para. 1 above is i m posed in addition to a 
prison term, it may last longer than the imposed sentence, limited to three years. 
(4) The time spent in the institution for medical treatment shall be included in 
the prison term. 
IP/N/1/MNE/O/8 
 
         - 29 - (5) Where the measure referred to in para. 1 above is imposed in addition to a 
fine, a suspended sentence, judicial admonition or remission of penalty, it shall be 
enforced  outside of any confinement  and may not exceed three years. 
    
       (6) If for no justified reason a perpetrator decides not to undergo outpatient 
treatment or decides to leave the treatment of his free will, the court shall order the 
coercive enforcement of the measure in an appropriate medical or other specialized 
institution. 
 
Mandatory Medical Treatment of Alcoholism 
 
Article 72 
(1) The court shall impose a mandatory medical treatment on a perpetrator who 
committed a criminal offence due to his addiction to alcohol and where there is a serious 
danger that he might reoffend due to this addiction. 
 (2) The measure referred to in para. 1 above shall be enforced in an institution for 
enforcement of prison sentences or in an appropriate medical or other specialized 
institution and shall last for as long as there is a need for treatment, limited to the 
duration of the prison term imposed. 
(3) The time spent in an institution for medical treatment shall be included in the 
prison term. 
(4) Where the measure referred to in para. 1 above is imposed in addition to a 
fine, suspended sentence, judicial admonition or remission of punishment, it shall be 
enforced out of confinement and be limited to two years. 
(5) If for no justified reason a perpetrator does not undergo an outpatient 
treatment or leaves the treatment of his free will, the court shall order the coercive 
enforcement of the measure thereof in an appropriate medical or other specialized 
institution. 
 
Disqualification from Profession, Activity or Duty 
 
Article 73 
(1) The court may disqualify a perpetrator from a certain profession, activity, all 
or some of duties related to the disposition, utilization, management or handling of 
someone else’s property or taking care of that property, if it is reasonable to believe that 
his further engagement in that activity would be dangerous. 
(2) The court shall determine the duration of the measure referred to in para. 1 
above, limited to minimum one and maximum ten years counting fro m the date of the 
fina
l judgment, provided that the time spent in a prison or medical institution i n which 
the 
security measure was enforced shall not be included in the term of this measure. 
(3) If it imposes a suspended sentence, the court may order that the sentence be 
revoked if the perpetrator violates the prohibition thereof to engage in a profession, 
activity or duty.  
 
IP/N/1/MNE/O/8 
 
         - 30 - Driving Prohibition  
 
Article 74 
(1) The perpetrator of a criminal offence against public traffic safety may receive 
the measure of driving prohibition. 
(2) When imposing the measure referred to in para. 1 above, the court shall 
specify the type and category of vehicles that the prohibition applies to. 
(3) The measure referred to in para. 1 above may be imposed where the court 
finds that the seriousness of the offence committed, the circumstances under which it 
was committed or the perpetrator’s prior violations of traffic regulations indicate that it 
is dangerous to let this person drive a motor vehicle of a certain type or category. 
(4) The court shall set the term for which the measure referred to in para. 1 above 
will apply to a period from three months to five years counting from the date o f the final 
judg
ment whereby the time served in a prison or institution where a security o r a 
corr
ective measure was enforced may not be included in the term of this measure. 
(5) The perpetrator of a criminal offence against public traffic safety which 
resulted in the death of one or more persons may receive the measure referred to in para. 
1 above without time restriction (permanently) if he has previously received this security 
measure. 
(6) Where the measure referred to in para. 1 above is imposed on a person who 
holds a foreign driver’s license, the prohibition shall refer to driving on the territory of 
Montenegro. 
(7) Where the court imposes a suspended sentence, the court may order that the 
sentence be revoked if the perpetrator violates the driving prohibition.  
(8) A mandatory d riving prohibition may be laid down by law. 
 
Con f
iscation of Objects 
 
Article 75 
(1) The objects which were used or intended for use in 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. 
(2) The objects referred to in para. 1 above may be confiscated even if they are not 
owned by the perpetrator if so required for reasons of security of people or property, or 
for moral reasons, but also where there is still a risk that they may be used for the 
commission of a criminal offence notwithstanding however the rights of third persons to 
claim damages from the perpetrator. 
 (3) Mandatory confiscation and the requirements to be met for confiscation of 
objects may be laid down by law. 
(4) Mandatory destruction of confiscated objects may be laid down by law. 
 
Expulsion of Foreigner National from the Country 
IP/N/1/MNE/O/8 
 
         - 31 -  
Article 76 
(1) A foreign national who committed a criminal offence may be expelled from 
the territory of Montenegro under a court judgment for a term from one to ten years, and 
where a foreign national is a repeat perpetrator, he may be expelled for good (Art.43). 
(2) In deciding whether to impose the measure referred to in para. 1 above, the 
court shall give due consideration to the nature and seriousness of the offence 
committed, the motives out of which the criminal offence was committed, the manner in 
which it was committed, and any other circumstances that indicate why the foreign 
national should not be allowed to stay in Montenegro. 
(3) The term of expulsion shall commence on the date  of final judgment the reof, 
wher
eby the time spent in prison may not be included in the term for which the measure 
is imposed. 
(4) The measure referred to in para. 1 above shall not be imposed against a 
perpetrator who enjoys protection under ratified international treaties. 
 
Publication of the Judgment 
 
Article 77 
 (1) Where it renders a judgment of conviction for a criminal offence committed 
thro
ugh media or a criminal offence which endangered life or health of humans, where 
the publication of the judgment would help eliminate or diminish such danger, the court 
may order that the judgment be published in whole or in part in the media or in some 
other appropriate manner, whereby the costs of such publication shall be borne by the 
convicted person. 
 (2) Mandatory publication of  judgment may be laid down by law. In that case the 
cour
t shall specify the media of publication and whether it shall be published in its 
entirety or in summary form.  
 (3)
 The judgment shall be published within not longer than thirty days of the date 
of the final judgment. 
 
Susp
ension of Security Measures by Court Decision 
 
Article 78 
(1) The court may order suspension of enforcement of the security measures of 
disqualification from a profession, activity or duty and driving prohibition provided that 
three years have lapsed since the date their enforcement started. 
(2) In deciding whether to order suspension of the security measures referred to 
in para. 1 above, the court shall give due consideration the convict’s behaviour following 
the conviction, whether he has compensated for the damage inflicted by the criminal 
offence, whether he has returned the pecuniary gain obtained through the commission of 
the criminal offence as well as any other circumstances that may indicate it is justified to 
order suspension of the enforcement. 
IP/N/1/MNE/O/8 
 
         - 32 -  
TITLE SIX 
PROVISIONS ON JUVENILES 
 
1. Basic Provisions 
 
Applicability of Special Criminal Provisions to Juveniles 
 
Article 79 
(1) The provisions contained in this Title shall apply to juvenile offenders, while 
other provisions of this Code shall apply unless otherwise provided for in this Title. 
(2) Special provisions that are applicable to juvenile offenders shall also apply to 
adults under the conditions laid down by the provisions of this Title where such adults 
are tried for criminal offences that they committed as juveniles and, by way of an 
exception, where such adults committed the offence  as young adults.  
 
NonWapplicability of Criminal Sanctions to Children 
 
Art
icle 80 
A person who at the time of commission of an unlawful act which constitutes a 
criminal offence by law is younger than fourteen (child) may not be subject to criminal 
sanctions.  
 
Attendance Orders  
 
Article 80а 
(1) A juvenile criminal offender may be subject to one or more attendance orders for a 
crime that carries a fine or up to five years in prison. 
(2) An attendance order may be issued to a juvenile by either a court, at its own 
discretion, or at the proposal of a relevant public prosecutor. 
(3) An attendance order may be issued only where the juvenile offender confesses to 
the crime and where he has an appropriate attitude to the criminal offence committed 
and to the victim of the crime. 
 
Purpose of Attendance Orders  
 
Art
icle 80b 
IP/N/1/MNE/O/8 
 
         - 33 - The purpose of attendance orders is to divert from criminal proceedings against a 
juvenile or to suspend a proceeding against a juvenile, as well as to use them as a means 
by which to encourage juvenile’s proper development and help a juvenile develop a sense 
of personal responsibility in order to prevent repeat offending in the future. 
 
 
Types of Attendance Orders 
 
Art
icle 80c 
Attendance orders include a duty to: 
1) settle with the victim and compensate for the damage, offer an apology, do the 
work, or take other action by which to eliminate, in whole or in part, the harmful 
consequences of the offence; 
2) attend school or go to work regularly; 
3) do humanitarian work, without remuneration, or take other action beneficial for the 
social care, local community, or environment protection; 
4) undergo examination and a drug or alcohol addiction rehabilitation programme; 
5) join an individual or group therapy in a health institution or counselling service.  
 
Selection of Attendance Order 
 
Art
icle 80d 
1) In selecting an attendance order, the relevant public prosecutor and the court, in 
accordance with their respective powers, shall take into consideration the entire interests 
of the juvenile and the victim, and shall in so doing make sure that the implementation 
of one or more attendance orders does not interfere with the juvenile’s school or work 
obligations. 
2) Attendance orders may be implemented for not longer than six months, in which 
period it can be replaced by another attendance order or be suspended. 
(3) Selection and implementation of attendance orders shall be done in collaboration 
with the juvenile’s parents, adoptive parents or guardians and the competent 
guardianship authority. 
 
Application of Attendance Orders 
 
Art
icle 80e 
Implementation of attendance orders referred to in Art.80c hereof shall be regulated 
by a separate secondary legislation. 
 
Criminal Sanctions against Juveniles 
IP/N/1/MNE/O/8 
 
         - 34 -  
Article 81 
(1) A juvenile who at the time of commission of a criminal offence had reached 
fourteen years of age but had not reached sixteen years of age (a younger juvenile) may 
be imposed correctional measures only. 
(2) A juvenile who at the time of commission of a criminal offence had reached 
sixteen years of age but had not reached eighteen years of age (an older juvenile) may be 
imposed correctional measures, and by exception, a juvenile prison term. 
(3) Security measures may also apply to a juvenile under the conditions provided 
for in Art.109 hereof.  
(4) A suspended sentence and a judicial admonition may not be imposed on a 
juvenile. 
 
Purpose of Correctional Measures and Juvenile Prison 
 
Article 82 
Within the general purpose of criminal sanctions (Art.4, para. 2), the purpose of 
correctional measures and juvenile prison shall be to provide protection and support to 
juvenile criminal offenders by way of supervision, vocational education and development 
of a sense of personal responsibility in order to allow them to be educated, reformed, and 
properly developed. The purpose of a juvenile prison term is to exert positive influence 
on juvenile offenders to prevent repeat offending, as well as to deter other juveniles from 
criminal offending. 
 
2. Correctional Measures  
Types of Correctional Measures 
 
Article 83 
A juvenile criminal offender may receive the following correctional measures: 
 1) disciplinary measures: reprimand and referral to a juvenile correctional 
facility; 
 2) direct supervision measures: direct supervision by parents, adoptive parent or 
guardian; direct supervision by guardianship authority; and direct supervision combined 
with day treatment programme in an institution for personal and educational 
development of juveniles; 
 3) correctional facility care: referral to a community-based correctional facility 
referral to a correctional home, and referral to a special education and treatment facility. 
 
Selection of Correctional Measure 
 
IP/N/1/MNE/O/8 
 
         - 35 - Article 84 
 In selecting a correctional measure, the court shall take into consideration the 
juvenile’s age, maturity, other qualities, propensities, level of neglect in terms of their 
personal and educational development, motive for which the crime was committed, 
overall living environment before the commission, seriousness of the crime, whether the 
juvenile has previously received any correctional measures or sanctions and any other 
circumstances that may assist in the selection of the measure which best serves its 
purpose. 
 
Imposition of Correctional Measures 
 
Article 85 
(1) Disciplinary measures shall be imposed on a juvenile who need not be 
submitted to extended correctional measures and, particularly, if he committed a 
criminal offence out of recklessness or levity. 
 (2) Direct supervision measures shall be imposed on a juvenile if it appears 
necessary to submit him to extended measures of education, reformation or treatment 
with adequate supervision, but where it is not necessary to completely isolate him from 
his usual environment. 
 (3) Institutional measures shall be imposed on a juvenile where it appears 
necessary to submit him to extended measures of education, corrective training or 
treatment but also to isolation from his usual environment and where the court finds 
that the purpose of correctional measures may not be achieved by applying the measures 
referred to in paras 1 and 2 above. Institutional correctional measures shall last, subject 
to the limits laid down by this Code, only until the purpose provided for in Art.82 hereof 
has been achieved. 
 
Reprimand 
 
Article 86 
 (1) Reprimand shall be imposed if it is considered sufficient to only reprimand a 
juvenile for a committed criminal offence. 
 (2) When imposing a reprimand, the court shall point to the wrongfulness of his 
act to the juvenile and inform him of the possibility that a more severe sanction be 
imposed if he commits a criminal offence again. 
  
Referral to Juvenile Correctional Facility 
 
Article 87 
 (1) The court shall order referral to a juvenile correctional facility when it is 
needed to apply short-term measures in order to influence juvenile’s personality and 
behaviour. 
IP/N/1/MNE/O/8 
 
         - 36 -  (2) The court shall refer a juvenile who has received the measure referred to in 
para. 1 above to a correctional facility for two hours twice a week, over a period lasting 
from eight to twelve weeks. 
 (3) In imposing this measure efforts will be made to make sure that the 
implementation of this measure does not interfere with the juvenile’s school or work 
obligations. 
 (4) Together with the measure of referral to a juvenile correctional facility, the 
court may also order that the juvenile, following the service of this measure, be placed 
under direct supervision by his guardian. 
 
Direct Supervision by Parents, Adoptive Parents or Guardian 
 
Article 88 
 (1) The measure of direct supervision by parents, adoptive parent or guardian 
shall be ordered by the court where the parents, adoptive parent or guardian are able to 
provide this supervision and where they can be reasonably expected to provide it. 
(2) This measure may last from six months to two years, whereby the court shall 
have the duty to subsequently render the decision to cancel its implementation. 
(3) When the court orders the measure referred to in para. 1 above, the court 
must give parents, adoptive parent and guardian the directions and order them certain 
duties which they need to undertake with a view to the juvenile’ s correctional education, 
medical treatment and elimination of any harmful influence. 
(4) In pronouncing the measure referred to in para. 1 above, the court shall order 
the guardianship authority to supervise its enforcement and provide assistance to 
parents, adoptive parent or guardian. 
 
Direct Supervision by Guardianship Authority 
 
Article 89  
 (1) Where the juvenile’s parents, adoptive parent, or guardian are not capable of 
directly supervising him, he shall be placed under direct supervision by the guardianship 
authority. 
 (2) The correctional measure under para. 1 above shall last from six months to 
two years, with the court having the duty to subsequently render the decision on when to 
cancel its implementation. 
 (3) Throughout the implementation of the correctional measure under para. 1 
above the juvenile shall continue to live with his parents or other persons supporting 
him, or with persons taking care of him, while the direct supervision over the juvenile is 
conducted by the public official from the guardianship authority appointed or by other 
professional support staff appointed by the guardianship authority. 
 (4) The guardianship authority shall oversee the juvenile’s education, 
employment and make sure that the juvenile distances himself from any harmful 
environment, undergoes treatment and shall assist the juvenile in bringing order and 
stability to his living environment. 
IP/N/1/MNE/O/8 
 
         - 37 -  
 
Direct Supervision Through a Day Treatment Programme in Juvenile 
Correctional Facility 
 
Article 90 
 (1) The measure of direct supervision along with the duty to undergo day 
treatment programme in a juvenile correctional facility shall be imposed by the court 
where in addition to the correctional measure of direct supervision by juvenile’s parent, 
adoptive parent, or guardian, or in addition to the correctional measure of direct 
supervision by juvenile’s guardianship authority, there is a need to engage professionals 
working in an institution dealing with personal development and education of juveniles. 
 (2) This correctional measure, in addition to direct supervision by juvenile’s 
parent, adoptive parent, or guardian or direct supervision by guardianship authority, 
includes an obligation for the juvenile to undergo a day treatment programme in a 
juvenile correctional facility. 
 (3) This measure is imposed for a term from six months to two years, with the 
court having the duty to render a subsequent decision on its termination. 
 (4) Throughout the implementation of this measure the juvenile shall continue to 
live with his parents or other persons supporting or taking care of him, whereby the 
direct supervision ordered by the court shall be conducted by the parents, adoptive 
parent or guardian or guardianship authority. 
 (5) The manner in which this measure is enforced shall be supervised by the 
guardianship authority. 
 
 
Special Obligations along with Direct Supervision 
 
Article 91 
(1) In imposing any of the correctional measures of  direct supervision, the court 
may order to the juvenile, if so needed for a more effective accomplishment of the 
purpose of the measure imposed, one or more of the following obligations: 
1) to personally offer an apology to the victim; 
2) to eliminate, within his own capacity, the damage inflicted by the criminal 
offence; 
3) to go to school or work regularly; 
4) to undergo vocational training appropriate for his capabilities and talents; 
5) to refrain from alcohol and drug consumption or to undergo appropriate 
medical treatment; 
6) to visit an appropriate medical institution or a counseling office and to 
follow the instructions received from these institutions; 
7) to stay with another family which is willing to take him and which is 
capable of administering supervision over him.  
IP/N/1/MNE/O/8 
 
         - 38 -  (1) The court may order the juvenile a special obligation to do, without 
rem
uneration, humanitarian work, or take other action beneficial for the social care, 
local community, or environment protection. Such work may last thirty hours within a 
single month, and may be done within a time period not shorter than one month or 
longer than four months. In pronouncing this obligation, the court shall make sure this 
does not interfere with the juvenile’s school or work obligations.  
 (3
)  A parent, adoptive parent or guardian of a juvenile who has received one or 
mor
e obligations under para. 1 above shall inform the guardianship authority in time 
about any change or longer absence from his permanent or temporary residence. 
(4) The obligations referred to in paras 1 and 2 above shall last for not longer 
than the term of the correctional measure, whereby the court shall have the authority to 
replace or revoke the obligations that it has ordered. 
(5) When ordering the obligations referred to in para. 1 above, the court shall  
warn the juvenile, but also his parents, adoptive parent, or guardian, about the 
possibility that in case of noncompliance the measure of direct supervision may be 
replaced by another correctional measure. 
 
Referral to CommunityWBased Correctional Facility 
 
Article 92 
(1) The court shall impose the measure of referral to a community-based 
correctional facility when there is a need to provide a juvenile with permanent 
supervision by professionals. 
(2)  A juvenile shall stay in a community-based correctional facility for not 
shorter than six months or longer than two years, whereby the court shall have the 
authority to order suspension of the measure during its service.  
 
Referral to Correctional Home 
 
Article 93 
 (1) The court shall impose the measure of referral to a correctional home for 
juvenile criminal offenders where a minor offender needs intensive reformatory training.  
(2)  When deciding whether to impose the measure referred to in para. 1 above, 
the court shall particularly take into account the degree of neglect of the juvenile, 
seriousness and nature of the criminal offence committed, and whether he has 
previously received any correctional measures or a juvenile prison term. 
(3)  A juvenile shall stay at correctional home for not shorter than one or longer 
than four years, whereby the court shall have the authority to order suspension of the 
measure during its service. 
 
Release on Parole from Correctional Home 
 
IP/N/1/MNE/O/8 
 
         - 39 - Article 94  
 (1) A juvenile who has spent at least one year at correctional home may be 
rel
eased on parole where based on the outcome of correction and reformation process, it 
can be reasonably expected that he will not reoffend and that he will show good conduct 
in his living environment. 
 (2) The court may order that throughout the period of parole the juvenile be 
imposed a correctional measure of direct supervision. 
 (3) Release on parole may last for not longer that the legal term set for referral to 
a correctional home provided that the court has previously not suspended enforcement 
of the correctional measure or replaced it with another measure. 
 (4) If the juvenile commits a crime during his parole or if he does not fulfil the 
obligations ordered together with a direct supervision measure, the court may revoke his 
parole. The time spent on parole shall not be included in the term of the correctional 
measure imposed. 
 
Referral to Special Education and Treatment Facility 
 
Article 95 
 (1) A juvenile with a mental disability or a mental condition may receive, instead 
of the measure of referral to a community-based correctional facility or a correctional 
home, the measure of referral to a special education and treatment facility.  
  
 (2) The measure under para. 1 above shall be imposed instead of the security 
measure of mandatory psychiatric treatment or placement in a health care institution, 
provided that the special education and treatment facility may provide treatment and 
care and thus achieve the purpose of that security measure. 
  
 (3) Where the measure under para. 1 above was imposed instead of the measure 
of referral to a community-based correctional facility or of referral to a correctional 
home, the juvenile may stay in the special education and treatment facility for not longer 
than three years. If this measure was imposed instead of a security measure, the juvenile 
may stay in the special education facility for as long as it is necessary, and when he 
reaches the age of twenty-three, the enforcement of the measure will continue in an 
institution where the security measure of mandatory psychiatric treatment and the 
measure of care in a psychiatric institution are served.  
  
 (4) When a juvenile reaches the age of eighteen, the court shall examine whether 
there is a need for his further stay in this facility.  
 
Suspension of Enforcement and Replacement of Pronounced Correctional 
Measure by another Correctional Measure 
 
Article 96 
 (1) Where after the decision imposing a direct supervision measure or an 
institutional measure, there arise circumstances that were non-existent or not known at 
the time the decision was rendered, and where the decision may not be enforced due to 
IP/N/1/MNE/O/8 
 
         - 40 - refusal by the juvenile, or his parents, adoptive parent or guardian to follow the order of 
the entity enforcing the measure, or where other circumstances envisaged by law should 
arise, where such circumstances might have a significant influence on the decision 
making process, the enforcement of the measure may be suspended or replaced by 
another direct supervision measure or an institutional measure. 
  
 (2) Save for the cases under para. 1 above and provided no other provisions are 
envisaged for respective correctional measures, a direct supervision measure or an 
institutional measure may, in view of the success of the reformation process, be 
suspended from enforcement, but may also be replaced by another measure that will 
better achieve the purpose of the correctional measures. The suspension of enforcement 
or replacement by another measure from within a set of institutional measures shall be 
subject to the following limitations: 
1) the measure of referral to a community-based correctional facility may 
not be suspended within six months of its beginning, during which 
period it may be replaced by the measure of referral to a correctional 
home or a special education and treatment facility.  
2) the measure of referral to a correctional home may not be suspended 
within one year, during which period it may be replaced with the 
measure of referral to a community-based correctional facility or a 
special education and treatment facility. 
 
ReWexamination of Correctional Measures 
 
Article 97 
(1) Where more than two years have passed since the date of final decision 
orde
ring a correctional measure of direct supervision or an institutional measure, a nd 
wher
e the enforcement has not yet started, the court shall re-examine the need to 
enforce the pronounced measure. In so doing, the court may decide that a previously 
ordered measure be enforced, be not enforced, or be replaced with another measure. 
 (2) The measure of referral to a juvenile correcti onal facility shall not be enforced 
if m
ore than six months have elapsed from the date of final decision ordering this 
measure, and where its enforcement has not yet started. 
 
Pron
ouncing Correctional Measure for Crimes in Concurrence 
 
Article 98 
 
 (1) Where a juvenile committed several crimes in concurrence, the court shall 
joi
ntly assess all the criminal offences and impose one of the correctional measures.  
 (2
)The court shall act in the manner described under para. 1 above even where 
aft
er the imposition of the measure it is established that the juvenile committed another 
criminal offence either before or after its imposition.  
 
Pro
vision of Data on Correctional Measures Imposed 
 
IP/N/1/MNE/O/8 
 
         - 41 - Article 99 
 (1) Data on imposed correctional measures may be disclosed solely to the court, 
public prosecutor, guardianship authority and institution in charge of the protection of 
juveniles, provided that the offender has not reached the age of twenty one. 
 (2) Data on imposed correctional measures may be disclosed to the authorities 
referred to in para. 1 above even after the offender reaches the age of twenty-one 
provided that such data refer to criminal offences punishable by a prison term of over 
five years. 
3. Juvenile Prison 
 
Punishment of Older Juveniles 
 
Article 100 
 Subject to punishment may only be an older juvenile who committed a crime 
which by law carries a punishment of over five year prison term where for reason of a 
high degree of perpetrator’s guilt and seriousness of the crime it would be manifestly ill-
justified to pronounce a correctional measure.  
 
Juvenile Prison 
 
Article 101 
 (1) A juvenile prison term may be set for not less than six months or longer than 
eight years. By exception, for crimes which carry a minimum prison term of not less than 
ten years the court may pronounce punishment of up to ten years in prison. 
 (2) A juvenile prison term shall be set in full months and years. 
 (3) Older juveniles shall serve their term in special juvenile penitentiary-
correctional facilities where they may stay by the age of twenty-three. When they will not 
have served their punishment by that age, they will be referred to a penitentiary-
correctional facility for adult offenders. By exception, a juvenile may be allowed to stay in 
a special juvenile penitentiary-correctional facility after he has reached the age of  
twenty-three where that is necessary to allow the juvenile to complete their education or 
vocational training, limited to the age of twenty-five.  
 
Release on Parole from 
Juvenile Prison 
 
Article 102 
 (1) A person punished by a juvenile prison term may be released on parole 
provided that he has served one third of the punishment which is not shorter than one 
year, and where based on the success achieved during the reformation it may be 
IP/N/1/MNE/O/8 
 
         - 42 - reasonably expected that the juvenile will behave well and will not reoffend. Release on 
parole may be ordered together with the direct supervision measure. 
 (2) Revocation of release on parole shall be subject to the provision of Art.38 
hereof.  
 
Fixing the Punishment of Juvenile Prison 
Article 103 
 (1) A court shall fix the punishment of juvenile prison within the statutory limits 
envisaged for such punishment, taking into account the very purpose of juvenile prison, 
as well as all circumstances that may make the punishment more or less severe and 
particularly the degree of the juvenile’ s mental development and the time needed for his 
education, reformation and vocational training. 
(2) A court may not impose a juvenile prison term for a specific criminal offence 
for a period of time exceeding the prison term laid down by law for that offence, but shall 
not be  bound by the minimum term laid down for that punishment 
 
Fixing the Punishment of Juvenile Prison 
for
 Concurrent Criminal Offences 
 
Article 104 
(1) Where an older juvenile commits several concurrent criminal offences, and 
the court establishes that one of these offences carries the punishment of juvenile prison, 
the court shall fix a cumulative punishment for all these offences within the limits laid 
down in Art.101 hereof. 
(2) Where the court finds that for one of the concurrent criminal offences an 
older juvenile should be punished, and that for other criminal offences he should be 
imposed correctional measures, the court shall impose only a juvenile prison term for all 
concurrent criminal offences. 
(3) The court shall proceed in the manner referred to in paras 1 or 2 above even 
when after it has imposed the punishment it establishes that the convicted person, either 
before or after the imposition, committed another criminal offence 
 
Time Bar for the Enforcement of Juvenile Prison Term 
 
Article 105 
The punishment of juvenile prison term may not be enforced where: 
1) ten years have passed since the date of conviction to a juvenile prison term 
ove
r five years; 
2) five years have passed since the date of conviction to a juvenile prison term of 
ove
r three years; 
IP/N/1/MNE/O/8 
 
         - 43 - 3) three years have passed since the date of conviction to a juvenile prison term 
up 
to three years. 
 
Cessation of Correctional Measures due to Pronouncement of Juvenile 
Prison Term 
 
Article 106 
 Where within the term of a correctional measure the court imposes a juvenile 
prison term on an older juvenile, the correctional measure shall be terminated upon 
commencement of the prison term. 
 
Effect of Punishment on Correctional Measures 
 
Article 107 
 Where within the term of a correctional measure the court imposes the 
punishment of a juvenile prison term on an adult (Art.110, para 3) or a prison term 
(Art.110, para 4) for one year or longer, the correctional measure shall be terminated 
upon commencement of the prison term, and where a prison term is imposed for a 
shorter term, the court shall specify in its judgment whether following the service of 
punishment the enforcement of the correctional measure will continue or whether that 
measure will be suspended. 
 
Effect of Correctional Measures and of Juvenile Prison Term 
 
 
Article 108 
(1) Correctional measures and a juvenile prison term shall not give rise to any 
legal consequences which consist of prohibition to acquire certain rights. 
 (2) Persons serving the measure of referral to a correctional home or juvenile 
prison term shall be disqualified, for the term of the correctional measure or juvenile 
prison term, from any work or functions in state authorities, local self-government 
authorities, business organisations or other entities that operate using state-owned 
property or in organizations entrusted by law with the exercise of public powers. 
 
Imposing Security Measures on Juveniles 
 
Article 109 
 (1) Security measures, with the exception of disqualification from a profession, 
activity or duty, may be imposed on juveniles, provided that they received a correctional 
measure or a juvenile prison term. 
IP/N/1/MNE/O/8 
 
         - 44 -  (2) Security measures of mandatory medical treatment of drug addiction and 
mandatory treatment of alcoholism may not be imposed along with disciplinary 
correctional measures. 
 (3) Security measures of mandatory psychiatric treatment and placement in a 
medical institution, as well as mandatory outpatient psychiatric treatment, shall be 
imposed independently. 
 
4. Application of Juvenile Justice Provisions to Adults 
 
Imposing Criminal Sanctions on Adults for 
Offences they Committed as Juveniles 
 
Article 110 
  
 (1) An adult who has reached the age of twenty-one may not be tried for a crime 
he committed as a younger juvenile. 
 (2) An adult who at the time of trial is younger than twenty-one may be tried for 
crimes he committed as a younger juvenile only where the crime committed carries a 
prison term of over five years. Such a person may be punished only by a direct 
supervision measure to be enforced by a guardianship authority or an appropriate 
institutional correctional measure. In deciding which of the measures to impose, the 
court shall take into consideration all the circumstances of the case, and in particular the 
seriousness of the crime, the time that has passed since the commission, as well as the 
perpetrator’s behaviour, and the purpose of the correctional measure. 
 (3) An adult tried for the criminal offence he committed as an older juvenile may 
receive only the measure of direct supervision to be enforced by a guardianship authority 
or an appropriate institutional correctional measure and, subject to the requirements 
under Art.100 hereof, also a juvenile prison term. In deciding which of the sanctions to 
impose, the court shall take into consideration all the circumstances of the case, and in 
particular the seriousness of the crime, the time that has passed since the commission, as 
well as the perpetrator’s behaviour, and the purpose of the correctional measure. 
 (4) Notwithstanding para. 3 above, an adult who at the time of trial  is twenty-one 
or older, may instead by a juvenile prison term be imposed a prison term the duration of 
which is set in accordance with Articles 101 and 104 hereof. The prison term imposed in 
this case has, in terms of rehabilitation and legal consequences of the conviction, the 
same legal effect as the juvenile prison term.  
 
Imposing Correctional Measures on Young Adults 
 
Article 111 
 (1) A perpetrator who committed a criminal offence as an adult but at the time of 
trial had not reached the age of twenty-one may be imposed the direct supervision 
measure  by a guardianship authority or a measure of referral to a correctional home on 
condition that, taking into account his personality and circumstances under which the 
IP/N/1/MNE/O/8 
 
         - 45 - offence was committed, it can be reasonably expected that these correctional measures 
will be sufficient to achieve the purpose that would have been achieved by the 
punishment. 
 (2) A young adult who was imposed a correctional measure may be imposed all 
security measures, subject to the conditions set by this Code, except for the measure of 
prohibition to engage in a profession, activity or duty. 
 
 
TITLE SEVEN 
CONFISCATION OF PECUNIARY GAIN 
 
Arti
cle 112 
 (1) No person may retain pecuniary gain1 originating from an unlawful act which 
is 
established by law as  a criminal offence. 
 (2)
 The pecuniary gain referred to in para. 1 above shall be liable to confiscation 
under the conditions laid down by the present Code and a court decision. 
 
Requirements for  Confiscation of Pe cuniary Gain 
 
Arti
cle 113 
 (1) Money, property of value and any other pecuniary gain originating from a 
criminal offence shall be confiscated from the perpetrator, and where such confiscation 
is not possible, the perpetrator shall pay the equivalent amount in money. 
(2) Also liable to confiscation from the perpetrator shall be pecuniary gain for 
which there  is reasonable suspicion to believe that it originates from criminal activity 
unle
ss the perpetrator makes it probable to believe that its origin is legitimate (extended 
confiscation). 
 
(3) The confiscation of pecunia ry gain referred to in para. 2 above may apply if 
the 
perpetrator has been convicted under a final judgment of any of the followin g: 
1) a
ny of the criminal offences committed through a criminal organization 
(Art.401a); 
2) any of the following criminal offences: 
- crime against humanity and other values protected under international law and 
committed out of greed; 
- money laundering; 
- unauthorized production, possession and distribution of narcotics; 
           - criminal offences against payment operations and economic activity and criminal 
offences against official duty, which were committed out of greed, and which carry eight 
year prison term or a more severe punishment. 
 
                                                 
1 pecuniary gain  as  used here refers to a gain of monetary value, i.e. anything the value of which can be 
expressed in money and which serves as impetus for the commission (translator’s note)  
IP/N/1/MNE/O/8 
 
         - 46 - (4) Pecuniary gain shall be liable to confiscation if it was obtained in the period 
before and/or after the commission of any of the criminal offences un der para. 3 hereof 
until the finality of judgment, and if the court establishes that the time when the 
pecu
niary gain was obtained and other circumstances of the  case in question justify the 
conf
iscation of the pecuniary gain. 
 (5) Also liable to confiscation shall be pecuniary gain originating from a criminal 
offence where it has been transferred to other persons free of charge or where such 
persons knew, could have known, or were obliged to know that the pecuniary gain 
originated from a criminal offence. 
 (6) Where pecuniary gain was obtained for another person, such gain shall also 
be liable to confiscation. 
 
Protection of Injured Party 
 
Article 114 
 (1) Where the injured party has been awarded his claim for damages in criminal 
proceedings, the court shall order the confiscation of pecuniary gain only insofar as such 
pecuniary gain exceeds the adjudicated claim of the injured party. 
 (2) The injured party which has been referred by the criminal court to bringing 
his claim for damages in a civil action may request to be reimbursed from confiscated 
pecuniary gain, provided that he brings a civil claim within six months from the final 
decision directing him to bring a civil action and under the further condition that he 
claims reimbursement from the confiscated pecuniary gain within three months from the 
final decision awarding his claim.  
 (3) Any injured party who has not brought his claim for damages in the course of 
the criminal proceedings may request to be reimbursed from confiscated pecuniary gain 
provided that he instituted a civil action for the purpose of establishing his claim within 
three months of the date he learnt of the judgment ordering confiscation of pecuniary 
gain, but not later than within three years of the dat e of final decision or dering 
conf
iscation of pecuniary gain and provided further that he requests, within three 
months of the date of decision awarding his claim for damages, to be reimbursed from 
the confiscated pecuniary gain. 
 
TITLE EIGHT 
LEGAL CONSEQUENCES OF CRIMINAL CONVICTION 
 
Taking Effect of Legal Consequences of Criminal Conviction 
 
Article 115 
 (1) Convictions for certain criminal offences or to certain punishments may result 
in legal consequence of cessation or deprivation of certain rights or of prohibition to  
acquire certain rights. 
IP/N/1/MNE/O/8 
 
         - 47 -  (2)  Legal consequences of a convic tion may not take effect when the perpetrator 
was 
imposed a fine, a suspended sentence, unless revoked, or a judicial admonition, or 
when the perpetrator’s punishment has been remitted. 
 (3) Legal consequences of a conviction may be prescrib ed solely by law and shall  
take effect by force of the law which prescribed them. 
 
Types of Legal Consequences of Criminal Conviction 
 
Article 116 
(1) Legal consequences of a criminal conviction with respect to termination or 
loss of certain rights include the following: 
             1) t ermination of a public office; 
    
   2) termination of employment or termination of engagement in a specific 
 profession or occupation; 
       3) termination of certain permits or licenses which are issued under a
 decision of a state authority or a local self-government authority. 
(2) Legal consequences of a criminal conviction with respect to the 
disqualification from certain rights include the following: 
1) disqualification from certain public offices; 
2) disqualification from a certain title, profession or occupation, or 
promotions in service; 
 3) disqualification from the rank of military commander; 
 4) disqualification from certain permits or licenses which are issued under 
a decision of a state authority or a local self-government authority. 
 
Commencement and Duration of Legal Consequences of  
Criminal Conviction 
 
Article 117 
 (1) Legal consequences of a criminal conviction shall take effect as of the date of 
finality of judgment (res judicate) . 
 (2) In the event that after the finality of the judgmen t under which legal 
consequences take effect the judgment is reversed following an extraordinary legal 
remedy, the commencement or further duration of the effect of legal consequences shall 
be adjusted to the new decision. 
 (3) Legal consequences of a criminal conviction consis ting of the prohibition to 
acquire certain rights may be imposed for not longer than ten years. 
 (4) The time spent serving a punishment shall not be included in the period of 
legal consequence of the conviction. 
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         - 48 - (5) Legal consequences of a criminal conviction laid down in Art.116, para. 2 
hereof shall be terminated by rehabilitation. 
 
TITLE NINE 
REHABILITATION, CESSATION OF LEGAL CONSEQUENCES OF 
CONVICTION 
AND 
DISCLOSURE OF DATA FROM CRIMINAL RECORDS 
 
General Notion of Rehabilitation 
 
Article 118 
 (1) Upon rehabilitation, a criminal conviction shall be deleted from the records 
and all its legal consequences suspended, while the convicted person shall be considered 
to be a person without a record of prior convictions.  
  (2) Rehabilitation takes effect either by law (legal rehabilitation) or upon 
application filed by the convicted person on the basis of a court decision (judicial 
rehabilitation). 
(3) Rehabilitation may not have effect on the rights of third persons that are 
based on the conviction. 
 
Legal Rehabilitation 
 
Article 119 
 (1) Legal rehabilitation shall be granted solely to persons who, prior to the 
conviction that the rehabilitation is related to, had no prior convictions or who were  
considered by law to have no prior convictions. 
 (2) Legal rehabilitation takes place where: 
 1) a person who was found guilty but whose punishment was remitted or 
who was imposed a judicial admonition does not commit another criminal 
offence within one year of the date of final judgment; 
 2) a person who received a suspended sentence does not commit another 
criminal offence during his probation term or within one year of expiry of the 
probation term; 
 3) a person punished by a fine, community work or up to six months in 
prison does not commit another criminal offence within three years of the date 
punishment had been fully served, became time barred or was pardoned; 
 4) a person punished by prison term from over six months to one year 
does not commit another criminal offence within five years of the date the 
punishment had become fully served, became time barred or was pardoned. 
(3) Legal rehabilitation shall not take place if an accessory punishment has not 
yet been enforced or if security measures are still in force. 
IP/N/1/MNE/O/8 
 
         - 49 -  
Judicial Rehabilitation 
 
Article 120 
(1) Judicial rehabilitation may be granted to a person punished by a prison term 
from over one to two years if the person does not commit another criminal offence 
within five years of the date the punishment had become fully served, became time 
barred or was pardoned.  
(2) Judicial rehabilitation may be granted to a person punished by a prison term 
of over two years to three years if the person does not commit another criminal offence 
within eight years of the date the punishment had become fully served, became time 
barred of was pardoned. 
(3) In the cases referred to in paras 1 and 2 above a court shall grant 
rehabilitation where it holds that thanks to his good conduct the convicted person has 
deserved to be rehabilitated and and where the person has compensated within the 
limits of his capacity for the damage inflicted by the criminal offence , whereby the court 
shal
l give due consideration to any other circumstances of rel evance for granting 
reha
bilitation, and specifically the very nature and significance of the criminal offence. 
(4) Judicial rehabilitation may not be granted if an accessory punishment has not 
been enforced or if security measures are still in force. 
 
Judicial Rehabilitation of Persons with Several Prior Convictions 
 
Article 121 
A person who has been convicted several times may be granted rehabilitation by 
the court solely if conditions referred to in Art. 119 and 120 hereof are met with respect 
to each of the criminal offences that this person has been convicted for. When assessing 
whether to grant rehabilitation in such a case, the court shall take into account all the 
circumstances referred to in Art.120, para. 3 hereof. 
 
Suspension of Legal Consequences of Criminal Conviction 
 
Article 122 
(1) Three years after the date when a punishment had been fully served, became  
barred by statute of limitations or was pardoned, the court may order suspension of a 
legal consequence of a criminal conviction related to the prohibition to acquire a specific 
right, unless it has already ceased due to rehabilitation. 
(2) When deciding whether to suspend legal consequences of a conviction, the 
court shall take into account the convicted person’s conduct after the conviction, whether 
he has compensated for the damage inflicted by his criminal offence and given back the 
proceeds of obtained by commission of the criminal offence, as well as any other 
circumstances that indicate that it is justified to suspend legal consequences of the 
conviction. 
IP/N/1/MNE/O/8 
 
         - 50 -  
Disclosure of Data from Criminal Records 
 
Article 123 
(1) Criminal records include personal data on the perpetrator of a criminal 
offence, data on criminal offence, data on the punishment, suspended sentence, judicial 
admonition, remission and pardoned punishment, as well as data on the legal 
consequences of a conviction. Subsequent changes of the criminal record data, data on 
the service of punishment and cancellation of record on a wrongfully imposed sentence 
shall be entered in the criminal records. 
(2)  Records on correctional measures shall contain the following data: personal 
data on juvenile offenders, data on the criminal offence, data on correctional measures 
that have been administered and enforced, as well as other data related to the 
application of corrective measures. 
(3) Criminal record data may be disclosed solely to a court, public prosecutor and  
the public administration authority which is in charge of police affairs related to criminal 
procedures instituted against a person with prior conviction, as well as to authority in 
charge of enforcement of criminal sanctions and the authority taking part in the 
procedure for granting amnesty, pardon, rehabilitation or the procedure whereby 
decision is made on the suspension of legal consequences of conviction, as well as to 
guardianship authorities where so required for the purpose of the discharge of duties 
within their competence. 
(4) Criminal record data may also be disclosed upon a substantiated request filed 
with a state authority, business organisation, other organization or entrepreneur, where 
legal consequences of a conviction or security measures are still in effect, and where  
there is well substantiated interest based on law. 
(5) No one has the right to request from a citizen to submit any evidence showing 
whether he has any prior convictions. 
(6) Upon their request, citizens may be supplied with data on their prior 
convictions only where so required for the purpose of their exercise of their rights 
abroad.  
 
TITLE TEN 
STATUTE OF LIMITATIONS 
 
Prosecution Barred by Statute of Limitations 
 
Article 124 
Unless otherwise provided for by this Code, prosecution may not take place after 
expiration of the following periods of time: 
1) twenty-five years from the commission of a criminal offence punishable under 
law by a forty year prison term; 
IP/N/1/MNE/O/8 
 
         - 51 - 2) twenty years from the commission of a criminal offence punishable under law 
by a prison term of over fifteen years; 
3) fifteen years from the commission of a criminal offence punishable under law 
by a prison term of over ten years; 
4) ten years from the commission of a criminal offence punishable under law by a 
prison term of over five years; 
5) five years from the commission of a criminal offence punishable under law by a 
prison term of over three years; 
6) three years from the commission of a criminal offence punishable under law by 
a prison term of over one year; 
7) two years from the commission of a criminal offence punishable under law by a 
prison term up to one year or a fine. 
(2) Where several punishments are laid down for a criminal offence, the statute 
of limitations shall be determined in accordance with the most severe of the 
punishments provided. 
 
Running and Interruption of Time Bars on Prosecution 
 
Article 125 
 (1) Time barring of prosecution shall run from the day of commission of a 
criminal offence. If a consequence of a criminal offence occurs at a later time, 
prosecution time barring shall run from the day the consequence occurred. 
 (2) Time barring shall not run for the time period in which prosecution may not 
commence or be resumed under law. 
(3) The time barring for an offence committed against a minor shall not run until 
that person reaches 18 years of age. 
 (4) Time barring shall be interrupted by each procedural action taken in view of 
detecting a criminal offence or discovering and prosecuting an offender for a committed 
criminal offence. 
 (5) Time barring shall also be interrupted when an offender commits an equally 
serious or a more serious criminal offence while the period of time barring is running. 
 (6) Upon each interruption, time barring shall start to run again. 
 (7) Prosecution time barring shall take effect in any case upon expiration of twice 
the time required under law for prosecution time barring. 
 
Time Bars on Enforcement of Punishment 
 
Article 126 
(1) Unless otherwise laid down by this Code, the pronounced punishment may not be 
enforced after the expiration of 
IP/N/1/MNE/O/8 
 
         - 52 -  1) twenty years from the conviction to a prison term of over fifteen years; 
             2) fifteen years from the conviction to a prison term of over ten years; 
             3) ten years from the conviction to a prison term of over five years; 
             4) five years from the conviction to a prison term of over three years; 
      5) three years from the conviction to a prison term of over one year of 
 community work; 
        6) two years from the conviction to a prison term of up to one year or a 
 fine. 
(2) Enforcement of a forty year prison term may not be time barred. 
 
 
Time Bars on Enforcement of Accessory Punishment and Security Measure 
 
Article 127 
(1) Time barring of enforcement of a fine as an accessory punishment shall take 
effect after expiration of two years from the date of final judgment pronouncing that 
punishment.  
(2) Time barring of enforcement of a security measure consisting of mandatory 
outpatient psychiatric treatment, mandatory medical treatment of drug addicts, 
mandatory medical treatment of alcoholics and confiscation of objects shall take effect 
after expiration of five years from the date of final decision ordering such measures.  
(3) Time barring of enforcement of a security measure consisting of prohibition 
to engage in a profession, activity or duty, driving prohibition and expulsion of a foreign 
national from the country shall take effect after expiration of the time period for which 
these measures were imposed. 
(4) Enforcement of the security measure consisting of mandatory psychiatric 
treatment and confinement in a medical institution may not be time barred; however, 
where more than five years elapsed from the date of final judgment pronouncing the 
security measure, and where its enforcement has not yet commenced, the court shall 
examine whether the enforcement of this measure is still necessary. 
 
Running and Interruption of Time Bars  on Enforcement of Punishment 
and Security Measures 
 
Article 128 
(1) The time bar for enforcement of a punishment shall run from the finality of  
the judgment imposing the punishment, and where the suspended sentence was revoked 
– it shall run from the finality of judgment  ordering revocation. 
 (2) Where the imposed punishment is reduced by an act of amnesty or pardon or 
a judicial decision upon an extraordinary legal remedy, the time period required for time 
IP/N/1/MNE/O/8 
 
         - 53 - barring to take effect shall be determined in accordance with the new punishment, while 
the duration of time barring shall be calculated from the prior final judgment. 
 (3) Time barring shall not run during the time period in which enforcement of a 
punishment may not be undertaken under law. 
 (4) Time barring shall be interrupted by each action taken by a competent 
authority in view of enforcement of the punishment. 
 (5) Upon each interruption, time barring starts to run again. 
(6) The time bar for enforcement of a punishment shall have effect in any case 
after expiration of twice the time period laid down by law for time bars for enforcement 
of a judgment. 
(7) In the event of time barring referred to in para. 6 above, the enforcement of a 
punishment that has already started shall be suspended. 
 (8) The provisions of paras 2 to 5 above shall apply accordingly to time barring of 
enforcement of security measures. 
 
Prosecution and Enforcement of Punishment not Subject to Time Bars 
 
Article 129 
Prosecution and enforcement of punishment for criminal offences envisaged by 
Articles 426 through 431 hereof may not be time barred, or for criminal offences not 
subject to time barring under ratified international treaties. 
 
TITLE ELEVEN 
AMNESTY AND PARDON 
 
Amnesty 
 
Article 130 
(1) Persons covered by an act of amnesty may be released from criminal 
prosecution or have their punishment remitted in whole or in part, may have the 
punishment replaced by a lighter punishment, be granted rehabilitation, or have some or 
all of the legal consequences of the conviction revoked.  
(2) The following security measures may be repealed by amnesty: disqualification 
from a profession, activity or duty; driving prohibition, and expulsion of foreign 
nationals from the country. 
 
Pardon 
 
Article 131 
IP/N/1/MNE/O/8 
 
         - 54 - (1) Pardon is used to release from criminal prosecution a specifically named 
person, to remit punishment in whole or part, to replace the pronounced punishment by 
a lighter punishment or suspended sentence, to grant rehabilitation, to reduce the term 
of a specific legal consequence of conviction, or to suspend individual or all of the legal 
consequences of conviction.  
(2) Pardon is used to suspend or reduce the term of security measure of 
disqualification from a profession, activity or duty, driving prohibition, and expulsion of 
a foreign national from the country. 
 
Effect of Amnesty and Pardon on Rights of Third Persons 
 
Article 132 
Granting of amnesty or pardon may not have effect on the rights of third persons 
based on a conviction. 
 
TITLE TWELVE 
APPLICABILITY OF CRIMINAL LEGISLATION 
OF MONTENEGRO 
 
Applicability of Criminal Legislation with Respect to Time 
 
Article 133 
(1) A perpetrator shall be subject to the law in force at the time of commission of 
the criminal offence. 
 (2) Where a law is amended in the course of commission of a criminal offence,  
applicable law shall be the law in effect at the time of completion of the criminal offence. 
(3) Where a law is amended once or several times after the commission of a 
criminal offence, applicable law shall be the law which is most favourable to the 
perpetrator. 
(4) A perpetrator of a criminal offence which is qualified by a law which has  
limited time of application shall be subject to that law irrespective of the time of trial, 
unless otherwise laid down by that law. 
(5) Security measures and correctional measures provided for by the new law 
may be applied to a perpetrator provided that they are not less favourable to him than 
those that could have applied under the law in force at the time of commission of the 
criminal offence. 
 
Applicability of Criminal Legislation in the Territory of Montenegro 
 
Article 134 
IP/N/1/MNE/O/8 
 
         - 55 - (1) Criminal legislation of Montenegro shall be applicable to anyone who commits 
a criminal offence in its territory. 
 (2) Criminal legislation of Montenegro shall also be applicable to anyone who 
commits a criminal offence on board of a domestic ship, regardless of where the ship was 
located at the time of commission of a criminal offence. 
 (3) Criminal legislation of Montenegro shall also be applicable to anyone who 
commits a criminal offence on a domestic civil aircraft or on a domestic military aircraft 
regardless of where the aircraft was located at the time of commission of a criminal 
offence, provided that the perpetrator is a national of Montenegro. 
 
Applicability of Criminal Legislation of Montenegro to Perpetrators 
of Specific Criminal Offences Committed Abroad 
 
Article 135 
Criminal legislation of Montenegro shall be applicable to anyone who commits 
abroad a criminal offence referred to in Articles 357 through 369, Articles 371 through 
374 and Articles 447 through 449 hereof or referred to in Art.258 hereof provided that 
counterfeiting refers to money that was the legal tender in Montenegro at the time of 
commission of the criminal offence. 
 
Applicability of Criminal Legislation of Montenegro to National of 
Montenegro who Commits Criminal Offence Abroad 
 
Article 136 
(1) Criminal legislation of Montenegro shall also be applicable to a national of 
Montenegro where he commits abroad a criminal offence other than those referred to in 
Art.135 hereof, provided that he is found in the territory of Montenegro or gets 
extradited to Montenegro. 
2) Subject to the conditions referred to in para. 1 above, the criminal legislation of 
Montenegro shall also apply to a perpetrator who became a national of Montenegro after 
the commission of a criminal offence. 
 
Applicability of Criminal Legislation of Montenegro to 
Foreign Nationals who Commit Criminal Offence Abroad 
 
Article 137 
(1) Criminal legislation of Montenegro shall also be applicable to a foreign 
national who commits outside the territory of Montenegro against Montenegro or its 
national a criminal offence other than those referred to in Art.135 hereof or who commits 
a criminal offence referred to in Articles 276a, 276b, 422, 422a, 423 and 424 hereof, in 
IP/N/1/MNE/O/8 
 
         - 56 - the commission of which a national of Montenegro is involved in any way, provided that 
he is caught in the territory of Montenegro or gets extradited to Montenegro. 
 (2) Criminal legislation of Montenegro shall also be applicable to a foreign 
national who commits a criminal offence abroad against a foreign country or a foreign 
national where such offence is punishable under the law of the country where it was 
committed by a prison term of five years or longer, provided that he is caught in the 
territory of Montenegro but not extradited to a foreign country. Unless otherwise 
provided for by this Code, in such a case a court may pronounce punishment which is 
more severe than the punishment provided for by the law of the country where the 
criminal offence was committed. 
 
Special Conditions for Criminal Prosecution 
 
Article 138 
(1) Where in the case referred to in Art.134 hereof the criminal proceedings were 
instituted or completed in a foreign country, prosecution in Montenegro shall be 
instituted only upon approval of the Supreme Public Prosecutor of Montenegro. 
(2) In the case referred to in Art.134 hereof, prosecution of a foreign national may 
be referred, under the condition of reciprocity, to a foreign country. 
(3) In the cases referred to in Art. 136 and 137 hereof, prosecution shall not be 
ins
tituted if: 
1) the perpetrator has served the punishment he was imposed abroad; 
2) the perpetrator has been released abroad under a final judgment or if his 
punishment has become time barred or pardoned; 
3) an appropriate security measure has been applied abroad against a mentally 
incapacitated perpetrator; 
4) under a foreign law, such criminal offence is prosecuted upon request of the 
injured party, and such a request has not been filed. 
(4) In the cases referred to in paras 136 and 137 hereof, prosecution shall be 
instituted only where the criminal offence in question is also punishable under the law of 
the country where the offence was committed, with the exception of criminal offences 
referred to in Articles  276a, 276b, 422, 422a, 423 and 424 hereof. In the case referred to 
in Art. 136 and 137, para. 1 hereof, where the criminal offence in question is not 
punishable under the law of the country where it was committed, prosecution shall be 
instituted solely upon the approval of the Supreme Public Prosecutor.  
(5) In the case referred to in Art.137, para. 2 hereof, if at the time of commission 
the offence in question was considered a criminal offence under the general legal 
principles recognized by international law, prosecution may be undertaken in 
Montenegro upon the approval of the Supreme Public Prosecutor, irrespective of the law 
of the country where the criminal offence was committed.  
 
Inclusion of Time of Detention and Punishment Served Abroad 
 
IP/N/1/MNE/O/8 
 
         - 57 - Article 139 
Detention, any other deprivation of liberty in relation to a criminal offence, 
deprivation of liberty during an extradition procedure, as well as the punishment served 
by a perpetrator under a judgment of a foreign court, shall be included in the term of 
punishment imposed by a national court for the same criminal offence; and where 
punishments are not of the same kind, such calculation shall be subject to court 
assessment. 
 
Applicability of Law of a Member State Which Lays Down Criminal Offence 
 
Article 140 
WdeletedW 
 
Applicability of the General Part of This Code 
 
Article 141 
Provisions of the general part of this Code shall be applicable to all criminal 
offences laid down by this Code or other law.  
 
TITLE THIRTEEN 
MEANING OF TERMS 
 
Meaning of Terms Used in this Code 
 
Article 142 
 (1) The territory of Montenegro shall mean land, territorial sea, and water areas 
within its borders, as well as air space above them. 
  (2) Criminal legislation of Montenegro shall mean this Code, and all other 
criminal provisions contained in other laws of Montenegro. 
  (3) A public official shall mean: 
1) a person who performs official duties in a state authority; 
2) an elected, appointed or designated person in a state authority, local self-
government authority or a person who performs on a permanent or temporary 
basis official duties or official functions in these authorities; 
3) a person in an institution, business organization or other entity who is 
delegated authority to carry out public functions, a person who decides the 
rights, obligations or interests of natural and legal persons or public interest; 
4) and any other person performing official duties under a law, regulations 
adopted pursuant to laws, contracts or arbitration agreements, as well as a 
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         - 58 - person who is entrusted with the performance of certain official duties or 
affairs; 
5) a military person, with the exception of provisions of Chapter Thirty Four of 
this Code. 
5a) a person performing in a foreign state legislative, executive, judicial or 
other public function for a foreign state, a person who performs official duties 
in a foreign country on the basis of laws, regulations adopted in accordance 
with a law, contract or arbitration agreement, a person performing official 
duty in an international public organization and a person performing judicial, 
prosecutorial or other office in an international tribunal. 
 (4) A responsible officer is understood to mean the owner of a business 
organisation or other entity, or a person in a business organisation, institution or other 
entity who is entrusted by virtue of his function the funds invested or his authority, with 
a range of duties with respect to property manag ement, production or other activity or 
with
 activities or their supervision or is tasked with the discharge of certain affairs. Also 
considered to be a responsible officer shall be a public official where he is designated as 
the principal of any of the criminal offences which are are not included in the chapter of 
this Code governing criminal offences against official dut ies, or as criminal offences 
agai
nst a  public official. 
(5) A military person is understood to mean the following: professional military 
person (soldiers under contract, non-commissioned officers, non-commissioned officers 
under contract, officers and officers under contract), members of the reserve forces 
(reserve soldiers, reserve non-commissioned officers and reserve officers), civilians 
performing a specific military duty and persons who in state of war or emergency are 
subject to military service. 
 (6) Where a public official, a responsible officer or a military person is 
designated as a principal of specific criminal offences, persons referred to in paras 3, 4 
and 5 above may be principals of these acts unless the elements of an individual offence 
or an individual regulation imply that the principal may be only one of these persons. 
(7) A child is understood to mean a person who has not reached the age of 
fourteen. 
(8) A juvenile is understood to mean a person who has reached the age of 
fourteen, but not yet the age of eighteen. 
(9) A minor is understood to mean a person who has not reached the age of 
eighteen. 
(10) A perpetrator is understood to mean principal, co-principal, instigator and 
aider. 
(11) Force is understood to mean the use of hypnosis or overpowering agents with 
the purpose of bringing someone against his will to the state of unconsciousness or 
inability to give resistance. 
(12) Elections are understood to mean the elections to the Parliament of 
Montenegro, President of Montenegro, local self-government authorities and other 
elections called for and conducted on the basis of the Constitution and law.  
(13) Referendum is understood to mean the expression of citizens’ will whereby 
they decide the issues as set by the Constitution and law. 
IP/N/1/MNE/O/8 
 
         - 59 - (14) Narcotic drugs are understood to mean substances and preparations 
declared as narcotics in accordance with regulations based on law. 
(15) A movable object is understood to also mean every generated or collected 
energy for production of light, heat or movement, a telephone impulse, as well as a 
computer data and a computer program. 
(16) A comput er system is understood to mean every device or a group  of 
mutually connected or conditioned devices, of which one or several, depending on the 
programme, perform automatic data processing. 
 
(17)
 A computer data is understood to mean any presentation of facts, data or 
concepts in the form that is suitable for processing in a computer system, including 
programmes by which a computer system performs its functions. 
 
(18) A computer programme is understood to mean a set of ordered computer 
data on the basis of which a computer system performs its functions. 
 
(19) A computer virus is understood to mean a computer programme which  
threatens or alters the functions of a computer system and alters, jeopardizes or uses 
computer data without authorization. 
 
(20) Computer traffic data are understood to mean all computer data generated 
by computer systems, which make a chain of communication between two computer 
systems that communicate, including themselves. 
 (21) Protected natural good is understood to also mean a good  which enjoys 
previous protection under regulations on the protection of natural good. 
(22) A cultural good is understood to also mean a good  which under regulations 
on the protection of cultural good enjoys previous protection, as well as a part of cultural 
good and the protected surrounding of an immovable cultural good. 
(23) Money is understood to mean both metal coins and paper banknotes or 
money made of some other material which by law is a legal tender in circulation in 
Montenegro or in a foreign country. 
(24) Tokens of value are understood to also include  foreign tokesn of value. 
(25) A motor vehicle is understood to mean every engine  powered means of 
transport used in road, waterborne and air transport. 
(26) A document is understood to mean any object which is suitable or 
designated to serve as evidence of a specific fact of relevance to legal relations, as well as 
a computer data. 
(27) A file, letter, parcel and a document may also be in an electronic form. 
(28) A family or family community is understood to also mean former spouses, 
cousins and relations through full adoption in a direct line without limitation, and in a 
collateral line conclusively with the fourth degree, relatives through incomplete 
adoption, relatives through marriage conclusively with the second degree, persons who 
live in the same household and persons that parent a child or a child on the way, even 
where such persons have never shared a household. 
(29) The expression “shall not be punished” means that there exists no criminal 
offence in that case. 
IP/N/1/MNE/O/8 
 
         - 60 - (30) When an imperfective verb is used to define the act of a criminal offence, the 
offence shall be understood to have been committed provided that the act has been 
committed once or more times. 
 
 
SPECIAL PART 
 
TITLE FOURTEEN 
CRIMINAL OFFENCES AGAINST LIFE AND LIMB 
 
Homicide 
 
Article 143 
 A person who takes life of other person shall be punished by prison term from 
five to fifteen years. 
 
Aggravated Homicide 
 
Article 144 
 Punished by a prison term of not less than ten or over forty years shall be a 
person who: 
 1) takes life of another person in a cruel or insidious manner, 
 2) takes life of another person behaving carelessly and violently, 
            3) takes life of another person and thereat acts with wrongful intent to endanger 
life of another person, 
 4) takes life of another person out of greed, in order to commit or conceal other 
criminal offence, out of unscrupulous revenge or other base  motives, 
  5 )
 takes life of a public official or military person while serving or in relation to 
serving an official duty, 
            6) takes life of a child or pregnant woman, 
 7) takes life of a member of his own family or a family community who he has 
previously abused, 
 8) acts with wrongful intent to take life of several persons, where such acts do not 
constitute manslaughter, killing a child at birth, or taking life out of mercy. 
 
Manslaughter 
 
Article 145 
IP/N/1/MNE/O/8 
 
         - 61 -  A person who takes life of other person on the spur of the moment, after being  
brought without his fault into a state of strong irritation by attack, abuse or serious insult 
coming from the person slaughtered shall be punished by a prison term from one to 
eight years. 
 
Killing a Child at Birth 
 
Article 146 
 A mother who takes life of her child either during or immediately after delivery, 
while in the state of childbirth anxiety disorder shall be punished by a prison term from 
six months to five years. 
 
Mercy Killing 
 
Article 147 
 A person who takes life of an adult person out of mercy because of that person’s 
serious health condition and upon his serious and explicit request shall be punished by a 
prison term from six months to five years. 
 
Negligent Homicide 
 
Article 148 
 A person who takes life of another person by negligence shall be punished by a 
prison term from six months to five years. 
 
Instigation to Suicide and Assisted Suicide 
 
Article 149 
(1) Anyone who instigates another person to suicide or assists him in committing 
suicide where such suicide is completed or attempted shall be punished by a  prison term 
from one to five years. 
 (2) Anyone who assists another person in committing suicide under the 
conditions referred to in Art.147 hereof where such suicide is completed or attempted 
shall be punished by a prison term from three months to five years. 
 (3) Anyone who commits the act referred to in para. 1 above agains t a juvenile or 
a pe
rson in the state of significantly diminished mental capacity shall be punished by a 
prison term from two to ten years. 
 (4) Where the offence referred to in para. 1 above was committed against a child 
or a mentally incapacitated person the perpetrator shall be punished under Art.144 
hereof. 
IP/N/1/MNE/O/8 
 
         - 62 -  (5) Anyone who treats in a cruel or inhuman manner a person who is his 
subordinate or dependent, where due to such treatment the person concerned commits 
or attempts a suicide, and where such suicide may be attributed to the perpetrator’s  
negligence, shall be punished by a prison term from six months to five years. 
 
Unlawful Termination of Pregnancy 
 
Article 150 
 (1) Anyone who, in breach of the regulations governing the termination of 
pregnancy, carries out an abortion with the pregnant woman’s consent, starts carrying 
out an abortion or assists a pregnant woman in terminating her pregnancy shall be 
punished by a prison term from one to eight years. 
 (2) Anyone who carries out or starts carrying out an abortion without the consent 
of a pregnant woman and, where she is younger than eighteen, without her consent or a 
written agreement of her parent, adoptive parent or guardian shall be punished by a 
prison term from one to eight years. 
 (3) Where, due to the acts referred to in paras 1 and 2 above, the woman 
subjected to abortion dies or her health is heavily impaired or another serious bodily 
injury is inflicted upon her, the perpetrator shall be punished for the offence referred to 
in para. 1 above by a prison term from six months to six years and for the offence 
referred to in para. 2 above by a prison term from two to twelve years. 
 
Serious Bodily Injury 
 
Article 151 
 (1) Anyone who inflicts a serious bodily injury to another person or who seriously 
impairs his health shall be punished by a prison term from six months to five years. 
 (2) Anyone who inflicts a serious bodily injury to other person or impairs his 
health so seriously that the injured person’s life is endangered or that any vital part of his 
body gets destroyed or permanently or considerably damaged or weakened, or that the 
injured person’s permanent inability to work or permanent and serious impairment of 
his health or deformation is caused shall be punished by a prison term from one to eight 
years. 
(3) Where, due to the acts referred to in paras 1 and 2 above, the injured person 
has died, the perpetrator shall be punished by a prison term from two to twelve years. 
 (4) Anyone who commits the acts referred to in paras 1 and 2 above by negligence 
shall be punished by a prison term up to three years. 
 (5) Anyone who commits the acts referred to in paras 1 to 3 above on the spur of 
the moment, being previously brought into the state of strong excitement without his 
guilt by an attack, abuse or a serious insult coming from the slaughtered person, shall be 
punished by a prison term up to three years for the act referred to in para. 1, by a prison 
term from three months to four years for the act referred to in para. 2, and by a prison 
term from six months to five years for the act referred to in para. 3. 
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         - 63 -  
Minor Bodily Injury 
 
Article 152 
 (1) Anyone who  inflicts a minor bodily injury upon other person or who lightly 
i
mpairs his health shall be punished by a fine or a prison term up to one year. 
 (2) Where such an injury is inflicted by means of weapons, dangerous tools or 
other instruments suitable for inflicting serious bodily injuries or seriously impairing 
health, the perpetrator shall be punished by a prison term of up to three years. 
 (3) A court may impose a judicial admonition to the perpetrator referred to in 
para. 2 above provided that the perpetrator was provoked by rude or indecent behaviour 
of the injured party. 
 (4) Prosecution for the offence referred to in para. 1 above shall be initiated upon 
a private charge. 
 
Participation in an Affray 
 
Article 153 
 Anyone who participates in an affray resulting in the death or serious bodily 
injury shall be punished on the grounds of participation itself by a prison term from 
three months to three years. 
 
Causing Danger in Affrays or Brawls by Means of Dangerous Tools 
 
Article 154 
 Anyone who while involved in affrays or brawls reaches for weapons, dangerous 
tools or other instruments suitable for causing serious bodily injury or impairment of 
health shall be punished by a fine or a prison term of up to six months. 
 
Exposure to Danger 
 
Article 155 
 (1) Anyone who leaves another person without help in a situation and under the 
circumstances that are dangerous to life or health and are caused by himself shall be 
punished by a prison term from three months to three years. 
 (2) Where, due to the acts referred to in para. 1 above, the health of the 
abandoned person is seriously impaired or where other serious bodily injury is inflicted 
upon him, the perpetrator shall be punished by a prison term from one to five years. 
 (3) Where, due to the act referred to in para. 1 above, the abandoned person dies, 
the perpetrator shall be punished by a prison term from one to eight years. 
IP/N/1/MNE/O/8 
 
         - 64 -  
Abandonment of Helpless Person 
 
Article 156 
 (1) Anyone who leaves a helpless person entrusted to his care or who leaves a 
helpless person he regularly takes care of without help in a condition and under 
circumstances that are dangerous to life or health shall be punished by a prison term 
from three months to three years. 
 (2) Where, due to the acts referred to in para. 1 above, the abandoned person’s 
health is seriously impaired or where other serious bodily injury is inflicted upon him, 
the perpetrator shall be punished by a prison term from one to five years. 
 (3) Where, due to the acts referred to in para. 1 above the abandoned person dies, 
the perpetrator shall be punished by a prison term from one  to eight years. 
 
Duty to Rescue 
 
Arti
cle 157 
 (1) Anyone who omits to render aid to a person in imminent danger to life, 
although he could have done so without subjecting himself or another to serious danger 
shall be punished by a fine or a prison term of up to one year. 
 (2) Where, due to omission to render aid, the health of a person in the state of an 
imminent danger to life is seriously impaired or where other serious bodily injury is 
inflicted upon such a person, the perpetrator shall be punished by a fine or a prison term 
up to two years. 
 (3) Where, due to omission to render aid, the person in the state of imminent 
danger to life dies, the perpetrator shall be punished by a prison term from three months 
to three years. 
 
TITLE FIFTEEN 
CRIMINAL OFFENCES AGAINST FREEDOMS AND RIGHTS OF 
PERSONS AND CITIZENS 
 
Violation of the Right to Use of Language and Alphabet 
 
Article 158 
 Anyone who in breach of the regulations governing the use of language and 
alphabet of peoples or members of minorities and other minority national communities 
residing in Montenegro denies or restricts to citizens their right to use their mother 
tongue or alphabet when exercising their rights or addressing authorities or 
organizations shall be punished by a fine or a prison term up to one year. 
IP/N/1/MNE/O/8 
 
         - 65 -  
Violation of Equality 
 
Article 159 
 (1) Anyone who on the grounds of his national or ethnic affiliation, affiliation 
with a race or religion, or on the ground of absence of such an affiliation, or on the 
grounds of the differences with respect to his political or other beliefs, sex, language, 
education, social status, social origin, financial standing or other personal characteristic 
denies or restricts to another person his human rights and freedoms provided for by the 
Constitution, laws or other regulations or general legal acts or ratified international 
treaties or, on the grounds of such differences, grants privileges or exemptions shall be 
punished by a prison term of up to three years. 
            (2) Where the offence referred to in para. 1 above was committed out of hatred 
towards a member of a group designated on the grounds of race, skin color, religion, 
origin, national or ethnic affiliation, the perpetrator shall be punished by a prison term 
from three months to five years. 
            (3) Where the offence referred to in para. 2 above was committed by a public 
official while acting in his official capacity, the perpetrator shall be punished by a prison 
term from one to eight years. 
 
Violation of Freedom of Expression of National or Ethnic Affiliation 
 
Article 160 
 (1) Anyone who denies other person the right to express his national or ethnic 
affiliation or culture shall be punished by a fine or a prison term up to one year. 
 (2) The punishment referred to in para. 1 above shall also apply to anyone who 
forces other person to declare his national or ethnic affiliation. 
 (3) Where the offence referred to in paras 1 and 2 above was committed by a 
public official while acting in his official capacity, the perpetrator shall be punished by a 
prison term up to three years. 
 
Violation of Freedom of Worship and Practice of Religious Ceremonies 
 
Article 161 
 (1) Anyone who denies or restricts the freedom of confession or worship shall be 
punished by a fine or a prison term up to two years. 
 (2) The punishment under para. 1 above shall also apply to anyone who prevents 
or obstructs the practice of religious ceremonies. 
 (3) Anyone who forces another person to declare his religious beliefs shall be 
punished by a fine or a prison term up to one year. 
IP/N/1/MNE/O/8 
 
         - 66 -  (4) A public official who commits the offence under paras 1 to 3 above shall be 
punished by a prison term up to three years. 
 
Unlawful Deprivation of Liberty 
 
Article 162 
 (1) Anyone who unlawfully incarcerates, keeps in custody, or in any other manner 
unlawfully deprives another person of liberty or limits his freedom of movement shall be 
punished by a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by a public official by 
virtue of his official position or authority, he shall be punished by a prison term from six 
months to five years. 
 (3) Where the offence of unlawful deprivation of liberty lasts longer than thirty 
days, or where it is conducted in a cruel manner, or where the health of a person 
unlawfully deprived of liberty is seriously impaired or where other grave consequences 
occur, the perpetrator shall be punished by a prison term from one to eight years. 
 (4) Where the offences under paras 1 and 3 above resulted in the death of the 
person unlawfully deprived of his liberty, the perpetrator shall be punished by a prison 
term from two to twelve years. 
 (5) An attempted offence under para. 1 above shall be subject to punishment. 
 
Violation of Freedom of Movement and Residence 
 
Article 163 
 (1) Anyone who unlawfully denies or restricts the right of another person to 
freedom of movement or residence in the territory of Montenegro shall be punished by a 
fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, the public official shall be punished by a prison term 
up to three years. 
 
Abduction 
 
Article 164 
 (1) Anyone who, by use of force, threat, deception or in other manner takes away 
or keeps someone with the intention to extort money or other pecuniary gain from that 
person or to force him or other person to act, refrain from acting, or endure something 
shall be punished by a prison term from one to eight years. 
 (2) Anyone who in view of accomplishing the aim of abduction threatens by 
murder or serious bodily injury to the abductee shall be punished by a prison term from 
two to ten years. 
IP/N/1/MNE/O/8 
 
         - 67 -  (3) Where the abductee is kept for more than ten days or is treated with cruelty or 
where the abductee’s health is heavily impaired or where other grave consequences 
occur, or where the offence referred to in para. 1 above was committed against a minor, 
the perpetrator shall be punished by a prison term from two to twelve years. 
 (4) Where, due to the acts referred to in paras 1, 2 and 3 above, the abductee dies 
or where the offence was committed by several persons in an organized manner, the 
perpetrator shall be punished by a prison term from five to fifteen years. 
 
Coercion 
 
Article 165 
 (1) Anyone who by use of force or threat compels someone to act or refrain from 
acting or to endure something shall be punished by a prison term from three months to 
three years. 
 (2) Anyone who commits the act referred to in para. 1 above in a cruel manner or 
by threat of murder or serious bodily injury or abduction shall be punished by a prison 
term from six months to five years. 
 (3) Where, due to the acts referred to in paras 1 and 2 above, a serious bodily 
injury is inflicted or other grave consequences occur, the perpetrator shall be punished 
by a prison term from one to eight years. 
 (4) Where, due to the acts referred to in paras 1 and 2 above, the person under 
coercion dies, or where the offence was committed by several persons in an organized 
manner, the perpetrator shall be punished by a prison term from two to twelve years. 
 
Extortion of Testimony 
 
Article 166 
 (1) A public official who while acting in his official capacity uses force or threat or 
other inadmissible means or inadmissible manner with the intention to extort a 
testimony or another statement from an accused, witness, expert witness or other person 
shall be punished by a prison term from three months to five years. 
 (2) Where the extortion of testimony or statement is accompanied by severe 
violence, or where extremely grave consequences occur for an accused in the criminal 
proceedings due to extorted testimony, the perpetrator shall be punished by a prison 
term from two to ten years. 
 
IllWtreatment 
 
Article 166a 
 (1) Anyone who ill-treats another or treats another in a manner that offends 
human dignity shall be punished by a prison term up to one year. 
  
IP/N/1/MNE/O/8 
 
         - 68 -  (2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term from three 
months to three years. 
 
Torture  
 
Article 167 
(1) Anyone who inflicts  severe  pain or heavy suffering, whether bodily or mental, 
in o
rder to obtain from him or a third party a confession or other information or in order 
to unlawfully punish or intimidate him, or to exert pressure over him or to intimidate or 
exert pressure over a third party, or does so for other reasons based on discrimination 
shall be punished by a prison term from six months to five years.  
 
(2) Where the offence under para. 1 above was committed by a public official 
whi
le acting in his official capacity or where the offence was committed under his explicit 
or implied consent, or where a public official incited another person to commit the 
offence under para. 1 above, the public official shall be punished for the offence under 
para. 1 above by a prison term from one to eight years. 
 
Endangering Safety 
 
Article 168 
 (1) Anyone who endangers the safety of another person by threatening to attack 
his life or body or a person close to him shall be punished by a fine or a prison term up to 
one year. 
 (2) Anyone who commits the act under para. 1 above against more than one 
person, or the act that has caused anxiety of citizens or other grave consequences shall be 
punished by a prison term from three months to three years. 
 
Breach of Inviolability of Dwelling 
 
Article 169 
 (1) Anyone who enters without authorisation somebody else’s dwelling or closed 
premises or does not leave such dwelling or premises upon the request of an authorized 
person shall be punished by a fine or prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term up to three 
years. 
 (3) An attempted offence under paras 1 and 2 above shall be subject to 
punishment. 
 
Unlawful Search 
 
IP/N/1/MNE/O/8 
 
         - 69 - Article 170 
 A public official who while acting in his official capacity unlawfully conducts the 
search of dwellings, premises, or persons shall be punished by a prison term up to three 
years. 
 
Unauthorized Disclosure of Secret 
 
Article 171 
 (1) An attorney-at-law, a physician or another person who discloses without 
authorization a secret that has come to his knowledge while performing his professional 
duties shall be punished by a fine or a prison term up to one year.  
 (2) A person who discloses a secret in the public interest or in the interest of 
another person, where such interest has priority over the interest to keep a secret, shall 
not be punished for the offence under para. 1 above. 
 
Violation of Privacy of Correspondence and Other Communication 
 
Article 172 
 (1) Anyone who without authorization opens somebody else’s letter, telegram or 
other closed document or parcel or infringes in any other manner their privacy or who 
without authorization withholds, conceals, destroys or delivers to other person 
somebody else’s letter, telegram or other parcel or who violates the privacy of electronic 
mail shall be punished by a fine or a prison term up to one year. 
 (2) The punishment under para. 1 above shall also apply to anyone who 
communicates to other the contents he has come to the knowledge of by violation of 
privacy of somebody else’s letter, or any other document or parcel, telegram or other 
closed document or parcel or who makes use of such contents. 
 (3) Where the offence under paras 1 and 2 above was committed by a public 
official while acting in his official capacity, he shall be punished by a prison term up to 
three years. 
 
Unauthorized Wiretapping and Recording 
 
Article 173 
 (1) Anyone who without authorization and by using special devices wiretaps or 
who records a conversation, statement or any other information not intended for his use 
shall be punished by a fine or a prison term up to one year. 
 (2) The punishment under para. 1 above shall also apply to anyone who allows a 
third person to be informed about the conversation, statement or other information 
wiretapped i.e. audio recorded without authorization. 
IP/N/1/MNE/O/8 
 
         - 70 -  (3) Where the offence under paras 1 and 2 above was committed by a public 
official while acting in his official capacity, he shall be punished by a prison term up to 
three years. 
 
Unauthorized Photographing 
 
Article 174 
 (1) Anyone who makes a photographic, film, video or other recording of someone 
and thereby considerably violates the privacy of other person’s life or who delivers or 
shows such recordings to a third party or enables a third party to come to the knowledge 
of such recordings in another manner shall be punished by a fine or a prison term of up 
to one year. 
 (2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, that person shall be punished by a prison term up to 
three years. 
 
Unauthorized Publication and Demonstration of Other Person’s Documents, 
Portraits and Recordings 
 
Article 175 
 (1) Anyone who publicizes or presents a document, a portrait, a photograph, a 
film or a phonogram of a personal character without the consent of the person who has 
drawn up the document or to whom it is related  i.e. without the consent of the person 
shown on the portrait, photograph or film or the voice of whom is recorded on the 
phonogram or without the consent of other person which is required under law, and 
thereby considerably violates the privacy of life of that person shall be punished by a fine 
or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term up to three 
years. 
 
Unauthorized Collection of Personal Data 
 
Article 176 
 (1) Anyone who obtains without authorization, communicates to others, or uses 
for purposes other than those for which they were compiled the personal data that are 
collected, processed and utilized under law shall be punished by a fine or a prison term 
up to  one year. 
 (2) The punishment under para. 1 above shall also apply to anyone who, in breach 
of law, collects personal data or utilizes so collected data. 
IP/N/1/MNE/O/8 
 
         - 71 -  (3) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term up to three 
years. 
 
Violation of the Right to File a Legal Remedy 
 
Article 177 
 (1) Anyone who prevents another person from exercising his right to file a 
request, application, action, lodge a complaint, objection, other legal remedy or any 
other filing, shall be punished by a fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term up to three 
years. 
 
Violation of Freedom of Speech and Public Appearance 
 
Article 178 
 (1) Anyone who unlawfully denies or restricts freedom of speech or public 
appearance of another person shall be punished by a fine or a prison term up to one year. 
(2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term up to three 
years. 
 
Prevention of Printing and Distribution of Printed Materials and 
Broadcasting 
 
Article 179 
 (1) Anyone who prevents or obstructs, without authorisation, the printing, 
recording, sale or distribution of books, magazines, newspapers, audio and video 
cassettes or other similar printed or recorded materials shall be punished by a fine or a 
prison term up to  one year. 
 (2) The punishment under para. 1 above shall also apply to anyone who prevents 
or obstructs, without authorisation, the broadcasting of radio or television programmes. 
 (3) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term up to three 
years 
 
Prevention of Publication of Responses and Correction Notices 
 
Article 180 
IP/N/1/MNE/O/8 
 
         - 72 -  Anyone who, in breach of a final decision of a court of law, rejects or prevents the 
publication of a response or correction notice of a publicized untrue data or information 
which violates the rights or interests of another person shall be punished by a fine or a 
prison term up to one year. 
 
Prevention of Public Gatherings 
 
Article 181 
 (1) Anyone who uses force, threat, deception or otherwise prevents or obstructs a 
public gathering organized in compliance with law shall be punished by a fine or a prison 
term up to one year. 
 (2) Where the offence under para. 1 above was committed by a public official 
while acting in his official capacity, he shall be punished by a prison term up to three 
years.  
 
Prevention of Political, Trade Union or Other Association and Activities 
 
Article 182 
 Anyon e who knowingly violates law or acts in some other unl a wful manner to 
prevent or obstruct political, trade union or other association or activities of citizens or 
activities of their political, trade union or other organizations shall be punished by a fine 
or a prison term up to  one year. 
 
Pros
ecution for Criminal Offences against Freedoms and 
Rights of Individuals and Citizens 
 
Article 183 
 Prosecution for offences under Art.169, para. 1, 172, paras 1 and 2, 173, paras 1 
and 2, 174, para. 1, 175, para. 1, 176, paras 1 and 2 and 177, para. 1 hereof shall be 
instituted upon a private charge.  
TITLE SIXTEEN 
CRI
MINAL OFFENCES AGAINST ELECTORAL RIGHTS 
 
Violation of the Right to be Elected 
 
Article 184 
 Anyone who breaches law or in some other manner prevents or obstructs another 
person from running in an election shall be punished by a fine or a prison term up to one 
year. 
IP/N/1/MNE/O/8 
 
         - 73 -  
Violation of Right to Vote 
 
Article 185 
 (1) Anyone who acts with intent to prevent another person to exercise his voting 
right and for that purpose unlawfully omits to enter another in electoral register, deletes 
another from electoral register or takes other unlawful action by which to prevent or 
obstruct voting of another shall be punished by a fine or a prison term up to one year. 
 (2) The punishment under para. 1 above shall also apply to anyone who in order 
to enable another person to cast a vote unlawfully enters such person in electoral 
register, or enables another to cast a vote in some other unlawful manner where that 
person is not entitled to that right. 
 
Violation of Freedom of Vote 
 
Article 186 
 (1) Anyone who uses violence or threats against another person to force him or 
who takes other unlawful acts to influence him to vote or not to vote in an election or 
referendum in favour of or against a specific candidate, election list or proposal shall be 
punished by a fine or a prison term up to three years. 
 (2) The punishment under para. 1 above shall also apply to anyone who requires 
or accepts a present or some other gain for himself or another person in return for 
agreeing to vote or not vote in favour or against a specific individual. 
 (3) The present or other gain accepted shall be confiscated. 
 (4) Where the offence under paras 1 and 2 above was committed by a member of 
the polling board or another person involved in an election in his official capacity, he 
shall be punished by a prison term from three months to five years. 
 (5) Anyone who after an election or referendum invites a voter to assume 
responsibility in relation to voting or requires him to state who he voted for, why he did 
or did not vote shall be punished by a fine or a prison term up to one year. 
 
Abuse of Right to Vote 
 
Article 187 
 (1) Anyone who in an election or referendum votes ins t ead of another person 
under his name, or votes more than once, or uses more than one ballot paper in the same 
election shall be punished by a fine or a prison term up to one year. 
 (2) A member of the polling board who enables another person to commit the 
offence  under para. 1 above shall be punished by a fine or a prison term up to two years. 
 
Compilation of Inaccurate Electoral Registers 
IP/N/1/MNE/O/8 
 
         - 74 -  
Article 188 
 Anyone who, with the intention to influence the results in an election or 
referendum compiles an inaccurate electoral register shall be punished by a fine or a 
prison term up to three years. 
 
Obstruction of Elections 
 
Article 189 
 (1) Anyone who uses force, threats or takes other unlawful acts to prevent or 
obstruct elections at a polling station shall be punished by a prison term up to three 
years. 
 (2) Anyone who obstructs voting at a polling station by causing disorders due to 
which voting is interrupted shall be punished by a fine or a prison term up to two years. 
 
Prevention of Election Monitoring 
 
Article 190 
 A member of an election administration authority who prevents or obstructs 
monitoring of the voting process or of determining the election results to be conducted 
by a person duly authorized by law or a decision of the competent state authority shall be 
punished by a fine or a prison term up to one year. 
 
Violation of Secrecy of Ballot 
 
Article 191 
 (1) Anyone who violates the secrecy of ballot in an election or referendum shall be 
punished by a fine or a prison term up to six months. 
 (2) Where the offence under para. 1 above was committed by a member of the 
polling board or another person involved in an election in his official capacity, the 
perpetrator shall be punished by a fine or a prison term up to two years. 
 
Election Fraud 
 
Article 192 
 A member of an election or referendum administration authority or another 
person involved in an election in his official capacity who by adding or taking away ballot 
papers or votes  during the count, or who takes other unlawful acts to  alter the number of 
ballot paper s or votes or who declares fraudulent results of voting  shall be punished by a 
fine or a prison term up to three years. 
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         - 75 -   
Destroying Election Documents 
 
Article 193 
 (1) Anyone who destroys, damages, takes away or conceals a ballot paper or other 
document on the votes cast in an election or referendum shall be punished by a fine or a 
prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by a member of the 
polling board or another person involved in the voting process in his official capacity, the 
perpetrator shall be punished by a prison term from three months to three years. 
 
Serious Offences against Electoral Rights 
 
Article 194 
(1) Where, as a result of the offences under Articles 185, 186, 187, 189, 190, 191, 
192 and 193 hereof, public law and order was disturbed or where property the value of 
which exceeds twenty thousand euros was imperiled, or where lives of a number of 
people were endangered, the perpetrator shall be punished by a prison term from six 
months to five years. 
 (2) Where the offences under Articles 185, 186, 187, 189, 190, 191, 192 and 193 
hereof resulted in a serious bodily injury or property damage exceeding forty thousand 
euros, the perpetrator shall be punished by a prison term from one to ten years. 
(3) Where the offences under Articles 185, 186, 187, 189, 190, 191, 192 and 193 
hereof resulted in the death of one or more persons, the perpetrator shall be punished by 
a prison term from five to eighteen years. 
 
  
TITLE SEVENTEEN 
CRIMINAL OFFENCES AGAINST HONOUR AND REPUTATION 
 
Insult 
 
Article 195 
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Defamation 
 
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         - 76 - Article 196 
WdeletedW  
 
Dis
semination of Information about Private and Family Life 
 
Article 197 
 (1) Anyone who discloses or disseminates information about other person’s 
personal or family life and thereby potentially harms his honour or reputation shall be 
punished by a fine ranging from three thousand to ten thousand euros. 
 (2) Where the offence under para. 1 above is performed through media or other 
similar means or at a public gathering, the perpetrator shall be punished by a fine 
ranging from five thousand to fourteen thousand euros.  
 (3) Where what is stated or disseminated has resulted or could have resulted in 
grave consequences for the injured party, the perpetrator shall be punished by a fine of 
not less than eight thousand euros. 
 (4) A person who discloses or disseminates information about other person’s 
personal or family life while acting in his official capacity, while working as a journalist, 
or defending a right, or protecting interests for justified causes shall not be punished 
provided that he can prove that the information is true or that he had well-founded 
reasons to believe that the information he disclosed or disseminated was true. 
 (5) The truthfulness or falsehood of what is stated or disseminated in relation to 
other person’s personal or family life may not be subject to presentation of evidence, 
except in the cases referred to in para. 4 above.  
 
Tarnishing Reputation of Montenegro 
 
Article 198 
 Anyone who publicly exposes Montenegro, its flag, coat of arms, or anthem to 
mockery shall be punished by a fine or a prison term up to one year. 
 
 
Tarnishing Reputation of Nations, National Minorities and Other Minority 
Ethnic Groups 
 
Article 199 
Anyone who publicly exposes a nation, national minority or other minority ethnic 
group living in Montenegro to mockery shall be punished by a fine ranging from three 
thousand to ten thousand euros. 
 
Tarnishing Reputation of Foreign States or International Organizations 
 
Article 200 
IP/N/1/MNE/O/8 
 
         - 77 - (1) Anyone who publicly exposes to mockery a foreign state with which 
Montenegro has diplomatic relations, its flag, coat of arms, or anthem shall be punished 
by a fine ranging from three thousand to ten thousand euro. 
(2) The punishment under para. 1 above shall also apply to anyone who publicly 
exposes to mockery the United Nations Organization, the International Red Cross, or 
other international organization of which Montenegro is a member. 
 
Impunity for Criminal Offences under Articles 198 to 200 
 
Article 201 
 A perpetrator of the offence under Articles 198 to 200 hereof shall not be 
punished if the statement has been given within the limits of serious criticism in a 
scientific, literary, or artistic work, or while acting in his official capacity, being engaged 
as a journalist, or defending a right, or protecting interests for justified causes, provided 
that the manner of expression or other circumstances prove that he has not done it with 
the intention of discrediting one or that he can prove the truthfulness of his claims or 
that he had well-founded reason to believe in the veracity of what he was stating or 
disseminating. 
 
Prosecution for Offences against Honour and Reputation 
 
Article 202 
 (1) Prosecution for the offences under Art.197 hereof shall be instituted by a 
private charge. 
 (2) Where the offences under Art.197 hereof were committed against a deceased 
person, prosecution shall be instituted by a private charge by his spouse or person who 
lived with the deceased in a durable customary marriage, or by a direct relative, adoptive 
parent, adoptive child, or brother or sister of the deceased person. 
 (3) Prosecution for the offence under Art.200 hereof shall be undertaken upon 
approval of the Supreme Public Prosecutor of Montenegro. 
 
 
Publication of the Judgment for Criminal Offences against Honour and 
Reputation 
 
Article 203 
(1) When pronouncing a sentence for the offences under Articles 197 to 200 
hereof committed through the media, the court shall impose the security measure of 
publication of the judgment (Art.77). In the case of the criminal offence under Art.197 
hereof, this measure shall be imposed upon the consent of the person against whom the 
offence was committed. 
 
IP/N/1/MNE/O/8 
 
         - 78 - (2) The court shall release from punishment the perpetrator of the criminal 
offence under Art.197 hereof and impose a security measure of publication of the 
judgment where the court assesses that the measure will be sufficient to achieve the 
general purpose of criminal sanctions. 
 
(3) In the cases referred to in paras 1 and 2 above, the judgment shall be 
published in the same media, on the same page of the print media, or in the same 
programme of the electronic media in which the information satisfying the elements of a 
criminal offence was publicized, or in the primetime news shows. The court may order 
publication of the judgment in other media as well. 
 
(4) The court shall determine whether to publicize the judgment in whole or in 
summary form. 
 
(5) Where a summary is published, it shall include information on 
pronouncement of the judgment as well as its enacting terms, and a section from the 
reasoning of the judgment, under the decision of the court. 
 
 
TITL
E EIGHTEEN 
CRIMINAL OFFENCES AGAINST SEXUAL FREEDOM 
 
Rape
 
 
Article 204 
 (1) Anyone who forces another into a sex act or other act of equivalent nature by 
using force or threatening to take life and harm the body of that or of other person shall 
be punished by a prison term from two to ten years. 
 (2) Where the offence under para. 1 above was committed under a threat of 
revealing information about that or other person that would harm their honour or 
tarnish their reputation or by a threat of committing other grave wrong, the perpetrator 
shall be punished by a prison term from one to eight years. 
 (3) Where as a result of the offences under paras 1 and 2 above a serious bodily 
injury was inflicted on a person, or where the offence was  committed by several persons 
in a
n especially cruel or especially degrading manner, or upon a juvenile, or where the 
offence resulted in pregnancy, the perpetrator shall be punished by a prison term from 
thre
e to fifteen years. 
 (4) Where as a result of the offences under paras 1 and 2 above the victim died or 
where the offence was committed upon a child, the perpetrator shall be punished by a 
prison term from five to eighteen years. 
 
Sex Act Over Helpless Person 
 
Article 205 
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         - 79 -  (1) Anyone who performs over another person a sex act or other act of equivalent 
nature by taking advantage of the person's mental illness, arrested mental development 
or other mental alienation, helplessness or some other state of that person due to which 
he is not able to give resistance shall be punished by a prison term from one to ten years. 
 (2) Where as a result of the offences under para. 1 above a serious bodily injury 
was inflicted on a helpless person or where the offence was committed by several persons 
or in an especially cruel or degrading manner or where it was committe d on a juvenile or 
wher
e the offence resulted in pregnancy, the perpetrator shall be pun ished by a prison 
term
 from two to twelve years. 
 (3) Where as a result of the offences under paras 1 and 2 above the victim died or 
where the offence was committed upon a child, the perpetrator shall be punished by a 
prison term from five to eighteen years. 
 
Sex Act Over Child 
 
Article 206 
 (1) Anyone who performs a sex act or other act of equivalent nature over a child 
shall be punished by a prison term from one to ten years. 
(2) Where as a result of the offence under para. 1 above a serious bodily injury 
was inflicted to the child over whom the act was committed, or where the offence was 
committed by several persons or where it resulted in pregnancy, the perpetrator shall be 
punished by a prison term from two to twelve years. 
(3) Where the offences under paras 1 and 2 above resulted in the child’s death, 
the perpetrator shall be punished by a prison term from five to eighteen years. 
(4) A perpetrator of the act under para. 1 above shall not be punished provided 
that in terms of their mental and physical development there is only a minor difference 
between the perpetrator and the child. 
 
Sex Act through Abuse of Position of Authority 
 
Article 207 
(1) Anyone who uses his official position to incite another into a sex act or other 
act of equivalent nature where the injured party is in a subordinate or dependent 
position in relation to the perpetrator shall be punished by a prison term from three 
months to three years. 
(2) A teacher, instructor, guardian, adoptive parent, parent, stepfather, 
stepmother, or another person who by virtue of his emp l oyment or his position of power 
incites to engage in a sex act or other act of equivalent nature a juvenile entrusted to him 
for study, education, support and care shall be punished by a prison ter m from one to ten 
year
s. 
(3) Where the offence under para. 2 above was committed over a child, the 
perpetrator shall be punished by a prison term from two to twelve years. 
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         - 80 - (4) Where the offences under paras 1 to 3 above resulted in pregnancy, the 
perpetrator shall be punished for the offence under para. 1 above by a prison term from 
six months to five years; for the offence under para. 2 above by a prison term from two to 
twelve years, and for the offence under para. 3 above by a prison term from three to 
fifteen years. 
(5) Where the offence under para. 3 above resulted in the child’s death, the 
perpetrator shall be punished by a prison term from five to eighteen years. 
 
Unlawful Sex Acts 
 
Article 208 
(1) Anyone who under the conditions referred to Art.204, paras 1 and 2, Art.205, 
paras 1 and 2, Art.206 para. 1 and Art.207, paras 1 to 3 hereof performs some other sex 
act shall be punished by a fine or a prison term up to two years. 
(2) Where as a result of the offences unde r para. 1 above a s erious bodily injury 
was 
inflicted to a person, or where the offence was committed by several persons or in an 
extremely cruel or degrading manner, the perpetrator shall be punished by a prison term 
from two to ten years. 
(3) Where as a result of the offence under para. 1 above a person over whom the 
offence was committed died, the perpetrator shall be punished by a prison term from 
three to fifteen years. 
 
Solicit ation and Making Arrangements for Sex Act 
 
Arti
cle 209 
(1) Anyone who solicits a minor for a sex act, another act of the same nature, or 
another unlawful sex act shall be punished by a prison term from three months to five 
years. 
(2) Anyone who makes arran gements for another to perform a sex act, another 
act 
of the same nature, or some other sex act over a minor shall be punished by a prison 
term up to three years. 
 
Pandering 
 
Article 210 
(1) Anyone who solicits or instigates another for prostitution services or 
participates in procuring one person to another for prostitution or who through media 
and by other similar means promotes or advertises prostitution shall be punished by a 
fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was c ommitted against a minor, the 
perp
etrator shall be punished by a prison term from one to ten years. 
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         - 81 -  
Displaying Pornographic Material to Children and Pr oduction and 
Possession of Child Pornography 
 
Article 211 
(1) Anyone who sells, shows or publicly exhibits or otherwise makes accessible to a 
child the texts, pictures, audio-visual material or other objects of pornographic content  
or shows the child a pornographic performance shall be punished by a fine or a prison 
term up to six months. 
 
(2) Anyone who exploits a juvenile to produce pictures, audio-visual material or 
other objects of pornographic content or for a pornographic performance shall be 
punished by a prison term from six months to five years. 
 
      (3) Anyone who procures, sells, shows, attends the display of, publicly exhibits or 
electronically and otherwise makes available the pictures, audio-visual material or other 
objects of pornographic content resulting from the commission of the acts under para. 2 
above, or who possesses such objects shall be punished by a prison term up to two years. 
 
(4) If the offences under paras 2 and 3 above were committed against a child, the 
perpetrator shall be punished for the offence under para. 2 by a prison term from one to 
eight years, and for the offence under para. 3 by a prison term from six months to five 
years. 
 
(5) If the offence under para. 2 above was committed by use of force or threat, the 
perpetrator shall be punished by a prison term from two to ten years. 
 
      (6) -deleted- 
 
      (7) The objects referred to in paras 1 and 3 above sh all be confiscated and 
dest
royed. 
 
Inducement of Minor to Observe Criminal Offences against Sexual Freedom 
 
Art
icle 211a 
(1) Whoever induces a child to observe rape, sex act, another act of equivalent 
nature, or other unlawful sex act shall be punished by a prison term from three months 
to three years. 
(2) Where the offence under para. 1 hereof was committed upon a juvenile by the 
use of force or threat, the perpetrator shall be punished by a prison term from six 
months to five years. 
(3) Where the offence under paragraph 1 hereof was committed by the use of 
force or threat, the perpetrator shall be punished by a prison term from one to eight 
years. 
 
Prosecution for Criminal Offences against Sexual Freedom 
 
Article 212 
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         - 82 - Prosecution for criminal offences under Articles 204 and 205 hereof committed 
against a spouse shall be instituted by a private charge. 
 
TITLE NINETEEN 
CRIMINAL OFFENCES AGAINST MARRIAGE AND FAMILY 
 
Bigamy 
 
Article 213 
 (1) Anyone who concludes a new marriage while being already married shall be 
punished by a fine or a prison term up to two years. 
(2) The punishment under para. 1 above shall also apply to anyone who marries a 
person knowing that person is married. 
 
Concluding a Void Marriage 
 
Article 214 
 (1) Anyone who concludes a marriage concealing from the other party a fact 
which makes marriage void or who misleads or keeps the other party mislead on that fact 
shall be punished by a prison term from three months to three years. 
 (2) Prosecution may be undertaken only if the marriage thus concluded is 
declared void for reasons referred to in para. 1 above. 
 
Allowing Conclusion of Unlawful Marriage 
 
Article 215 
 Where a public official authorized to conclude marriages knowingly allows while 
acting in his official capacity the conclusion of a marriage which by law is prohibited or 
void, he shall be punished by a prison term from three months to three years. 
 
Customary Marriage with Juvenile 
 
Article 216 
 (1) An adult person who cohabitates in a customary marriage with a juvenile shall 
be punished by a prison term from three months to three years. 
 (2) A parent, adoptive parent or a guardian who allows a juvenile to cohabitate in 
a customary marriage with another or instigates him into such marriage shall be 
punished by the punishment under para. 1 above. 
IP/N/1/MNE/O/8 
 
         - 83 -  (3) Where the offence under para. 2 above was committed for gain, the 
perpetrator shall be punished by a prison term from six months to five years. 
 (4) Where the marriage is already concluded, prosecution shall not be instituted, 
and where it is in the process of being concluded, it shall be suspended. 
 
Abduction of Minor 
 
Article 217 
 (1) Anyone who unlawfully keeps or takes away a minor from his parents, 
adoptive parent, guardian, or other person or institution that the minor has been 
entrusted to or who prevents enforcement of the decision under which the minor is 
entrusted to a specific individual shall be punished by a fine or a prison term up to two 
years. 
 (2) Anyone who prevents enforcement of a decision which was given by a 
competent authority and which stipulates the  manner in which the minor will maintain 
his 
personal relations with his parent or other blood relation shall be punished by a fine 
or a prison term up to one year. 
 (3) Where the offence under para. 1 above was comm itted for gain or other base  
moti
ves or where it resulted in a serious threat to the health, upbringing or education of 
the minor the perpetrator shall be punished by a prison term from three months to five 
years. 
 (4) Where a perpetrator of the offences under paras 1 and 3 above voluntarily 
surrenders a minor to a person or institution t hat the minor has been entrusted with or 
who 
allows for enforcement of the decision giving custody of the  minor, punishment may 
be r
emitted by court. 
 (5) Where the court pronounces a suspended sentence for the offences under 
paras 1 to 3 above, the court may order the perpetrator to hand over the minor within a 
specified term to the person or institution that the minor is entrusted with or to enable 
enforcement of the decision giving custody of the minor to a person or institution or the 
decision stipulating the manner in which the minor will maintain his personal relations 
with his parent or other blood relation. 
 
Change of Family Status 
 
Article 218 
 (1) Anyone who  foists a child onto another person, who s ubstitutes, or otherwise 
chan
ges a child’s family status shall be punished by a prison term ranging from three 
months to three years. 
 (2) Anyone who foists a child onto another or otherwise changes a child’s family 
status by negligence shall be punished by a prison term up to one year. 
 (3) An attempt of the offence referred to in para. 1 above shall be subject to 
punishment.  
 
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         - 84 - Neglect or Abuse of Minor 
 
Article 219 
(1) A parent, adoptive parent, guardian or other person who acts with gross 
negligence in carrying out his duty to provide care and education to a minor that he is 
responsible for shall be punished by a prison term up to three years. 
 (2) A parent, adoptive parent, guardian or other person who abuses a minor or 
forces him into excessive labor, labor not appropriate to his age, or beggary, or who 
induces him out of greed to perform other acts that are detrimental for his development 
shall be punished by a prison term from three months to five years. 
 
Domestic Violence 
 
Article 220 
(1) Anyone who uses gross violence to violate bodily and mental integrity of his 
family members or members of a family community shall be punished by a fine or a 
prison term up to one year. 
(2) Where the offence under para. 1 above was committed by means of weapons, 
dangerous tools or other instruments suitable for inflicting serious bodily injury or for 
seriously impairing one’s health the perpetrator shall be punished by a prison term from 
three months to three years. 
(3) Where the offences under paras 1 and 2 above resulted in serious bodily injury 
or harm to one’s health or where such offences were committed against a minor, the 
perpetrator shall be punished by a prison term from one to five years. 
(4) Where the offences under paras 1, 2 and 3 above resulted in the death of a 
family member of a member of family community the perpetrator shall be punished by a 
prison term from three to twelve years.            
(5) Anyone who violates the measures which were ordered on the basis of law by 
court or other state authority as protection against domestic violence shall be punished 
by a fine or a prison term up to six months.  
 
Omi
ssion to Provide Maintenance 
 
Article 221 
 (1) Anyone who does not provide maintenance for a person they are under duty to 
maintain under law, where such duty is laid down by an enforceable court decision or an 
enforcement settlement before a court of law or other competent body in the amount and 
in the manner specified by the decision or the settlement shall be punished by a fine or a 
prison term up to one year. 
 (2) A perpetrator of the offence under para. 1 above shall not be punished if he 
omitted to provide maintenance for justified reasons. 
IP/N/1/MNE/O/8 
 
         - 85 -  (3) Where the offences under para. 1 above resulted in grave consequences for the 
person maintained, the perpetrator shall be punished by a prison term from three 
months to three years. 
 (4) Where the court imposes a suspended sentence, the court may order the 
perpetrator to settle his due liabilities and meet the maintenance requirements regularly 
in the future. 
Breach of Family Obligations 
 
Article 222 
 (1) Anyone who, in breach of his statutory family obligations, abandons in a 
situation of distress a family member who is unable to take care of himself shall be 
punished by a prison term from three months to three years. 
 (2) Where the offences under para. 1 above resulted in severe impairment of the 
family member’s health the perpetrator shall be punished by a prison term from one to 
five years. 
 (3) Where the offences under para. 1 above resulted in the death of the family 
member the perpetrator shall be punished by a prison term from one to eight years. 
 (4) Where the court imposes a suspended sentence for the offences under  paras 1 
and 2 above the court may order the perpetrator to fulfill his statutory family obligations.  
 
Incest 
 
Article 223 
 An adult who performs a sex act or other act of equivalent nature over a minor 
blood relation in the direct line of descent or over a minor brother, or sister shall be 
punished by a prison term from six months to five years. 
 
 
TITLE TWENTY 
CRIMINAL OFFENCES AGAINST LABOR RIGHTS 
 
Breach of Labor Rights 
 
Article 224 
            Anyone who knowingly does not abide by laws or other regulations, colle c tive 
agreements and other general legal acts on labor rights an d occupational health of youth, 
wome
n and persons with a disability and thereby denies or limits the statutory right of 
another person shall be punished by a fine or a prison term up to two years. 
 
Breach of Equality in Employment 
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         - 86 -  
Article 225 
 Anyone who knowingly breaches regulations or otherwise denies or restricts a 
citizen’s right to freedom of employment in the territory of Montenegro on equal terms 
shall be punished by a fine or a prison term up to one year. 
 
Breach of Right to Management 
 
Article 226 
 (1) Anyone who uses force, threat, or who knowingly breaches regulations or 
otherwise prevents or obstructs management bodies in their decision making or a 
member of management bodies in taking part in the work and decision making in that 
body shall be punished by a fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by a public official or a 
responsible officer through the abuse of his office or authority shall be punished by a fine 
or a prison term up to two years. 
 
Breach of Right to Strike 
 
Article 227 
 (1) Anyone who uses force, threat or who otherwise prevents or obstructs  
employees from going on strike, participating in a strike or exercising their right to 
strike, all in compliance with law shall be punished by a fine or a prison term up to one 
year. 
 (2) The punishment under para. 1 above shall also apply to an employer or a 
responsible officer who lays off one or more employees on the grounds of their taking 
part in a strike organized in compliance with law or who institutes against them other 
measures in breach of their labor rights. 
 
Abuse of Right to Strike 
 
Arti
cle 228 
 Anyone who organizes or leads a strike in breach of law or other regulations and 
thereby endangers human life, health, or property the value of which exceeds twenty 
thousand euros, or who thereby causes other grave consequences, unless these constitute 
elements of another criminal offence, shall be punished by a prison term up to three 
years. 
 Breach of Social Security Rights 
 
Article 229 
IP/N/1/MNE/O/8 
 
         - 87 -  Anyone who knowingly does not abide by laws or other regulations or general 
legal acts governing social security and thereby denies or restricts the statutory right of 
another person shall be punished by a fine or a prison term up to two years. 
 
Social Security Fraud 
 
Article 230 
 Anyone who simulates or induces illness or incapacity for work or otherwise 
unlawfully makes himself eligible for a social security right he is not entitled to by law or 
other regulations or general legal acts shall be punished by a fine or a prison term up to 
one year. 
  
Breach of Rights Under Temporary Unemployment Status 
 
Article 231 
 Anyone who knowingly does not abide by laws or other regulations or general 
legal acts governing the rights of citizens during temporary unemployment and thereby 
denies or restricts to another person the right he is entitled to shall be punished by a fine 
or a prison term up to two years. 
 
Omission to Take Occupational Health Measures 
 
Article 232 
 (1) An officer responsible for occupational health measures who knowingly does 
not abide by laws or other regulations or general legal acts governing occupational health 
measures, which may result in hazards to workers’ life or health shall be punished by a 
fine or a prison term up to one year. 
 (2) Where the court imposes a suspended sentence, the court may order the 
perpetrator to comply with occupational health measures within the specified time limit. 
 
 
TITLE TWENTYWONE  
 
CRIMINAL OFFENCES AGAINST INTELLECTUAL PROPERTY  
 
Violation of Moral Rights of Authors and Performers 
 
Art
icle 233 
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         - 88 -  (1) Anyone who in his own name or in the name of another person publicizes, in 
whole or in part, releases into circulation copies of someone else’s copyrighted work or 
performance or otherwise publicly discloses someone else’s copyrighted work or 
performance shall be punished by a fine or a prison term up to  three years. 
          (2) Anyone who without a permit of the author changes or re-makes someone else's 
copyrighted work or recorded performance shall be punished by a fine or a prison term 
up to one year. 
 (3) Anyone who releases into circulation copies of someone else's copyrighted 
work or performance in a manner which is insulting for the author or performer’s 
honour and reputation shall be punished by a fine or a prison term up to six months.        
 (4) Objects of the criminal offence and objects that were used for or intended for 
the commission of a criminal offence under paras 1 to 3 above shall be confiscated and 
objects of the criminal offence shall be destroyed.  
 ( 5
) Prosecution for an offence under para. 3 above shall be instituted by a private 
cha
rge. 
 
Unauthorized Use of Copyrighted Works or Objects of Related Rights 
 
Article 234 
(1) Anyone who publicizes, records, duplicates or otherwise publicly discloses or 
makes available, in whole or in part, a copyrighted work, performance, phonogram, 
videogram, show or database shall be punished by a prison term up to three years. 
(2) The punishment under para. 1 above shall also imposed on anyone who releases 
into circulation, or with the intention of releasing into circulation, possesses copies of 
copyrighted works, performances, phonograms, videograms, shows or databases that 
have been duplicated or released into circulation without authorization. 
(3) Where the offence under paras 1 and 2 above was committed with the intention of 
acquiring pecuniary gain for himself or another person, the perpetrator shall be 
punished by a prison term from three months to five years. 
    (4) Instruments for the commission of criminal offences and the instruments that were 
used for or intended for the commission of the criminal offences under paras 1 and 2 
above shall be confiscated, and the objects resulting from the criminal offences shall be 
destroyed. 
 
Voluntary Noncompliance with Protection Measures Intended for  
Prevention of Violations of Copyright and Related Rights  
and Rights Related Information 
 
Article 235 
(1) Anyone who produces, imports, releases into circulation, sells, leases, advertises in 
the interest of sale or leases or keeps for commercial purposes any devices or means 
whose basic or main purpose is removal, circumvention or thwarting of technological 
measures intended for the prevention of violations of copyright and related rights or who 
IP/N/1/MNE/O/8 
 
         - 89 - uses such devices or means in the interest of violating copyright or related rights shall be 
punished by fine or a prison term up to three years. 
(2) Instruments for the commission of criminal offences and the instruments that 
were used for or intended for the commission of the criminal offence under para. 1 above 
shall be confiscated, and objects resulting from the criminal offence shall be destroyed. 
 
Unauthorized Removal or Modification of Electronic Information on 
Copyright and Related Rights 
 
Article 236 
(1) Anyone who without authorization removes or alters electronic information on 
copyright and related rights, or releases into circulation, imports, broadcasts or 
otherwise publicly discloses or makes available a copyrighted work or object of related 
legal protection, from which electronic information on the rights was removed or 
modified without authorization shall be punished by a fine or a prison term up to three 
years.  
(2) Instruments of the criminal offence and the instruments that were used for or 
int
ended for the commission of the criminal offences under para. 1 above shall be 
confiscated, and objects resulting from the  criminal offence shall be destroyed. 
 
Unauthorized Patent Use 
 
Article 237 
(1) Anyone who without authorization produces, imports, exports, offers in view of 
releasing into circulation, releases into circulation, stores or uses in commercial 
transactions a product or procedure protected by patent shall be punished by a fine or a 
prison term up to three years. 
(2) Where the offences under para. 1 above resulted in pecuniary gain or damage 
exceeding thirty thousand euros, the perpetrator shall be punished by a prison term from 
one to eight years. 
(3) Whoever without authorization publicizes or otherwise makes available the 
essence of someone else’s reported invention before the invention was made public in 
the manner laid down by law shall be punished by a fine or a prison term up to two years. 
(4) Whoever without authorization files a patent application or does not indicate the 
inventor in the application or indicates him falsely shall be punished by a prison term 
from six months to five years. 
(5) Instruments for the commission of criminal offences and instruments that were 
used for or intended for the commission of the criminal offences referred to in paras 1 to 
3 above shall be confiscated, and objects resulting from the criminal offence shall be 
destroyed. 
 
Misuse of Design 
IP/N/1/MNE/O/8 
 
         - 90 -  
Article 238 
(1) Anyone who without authorization uses, in whole or in part, someone else’s 
registered or protected product design on their traded product shall be punished by a 
fine or a prison term up to three years. 
(2) Anyone who without authorization publicizes or otherwise makes available to the 
public the subject of someone else’s design application before it was published in the 
manner laid down by law shall be punished by a fine or a prison term up to one year.  
(3) Instruments for the commission of criminal offences and the instruments that 
wer
e used for or intended for the commission of the criminal offences under para. 1 
above shall be confiscated, and the objects resulting from the criminal offence shall be 
destroyed. 
 
 
TITLE TWENTYWTWO 
CRIMINAL OFFENCES AGAINST PROPERTY 
 
Theft 
 
Arti
cle 239 
 (1) Anyone who takes from another his movable property with the intention to 
obtain for himself or for another illicit pecuniary gain through appropriation of such 
property shall be punished by a fine or a prison term up to three years. 
 (2) An attempted offence referred to in para. 1 above shall be subject to 
punishment.  
 
Aggravated Theft 
 
Article 240 
 (1) A perpetrator of the offence of theft (Art.239) shall be punished by a prison 
term from one to eight years where the theft was committed: 
 1) by breaking open or b reaking into locked buildings, rooms, safes, wardrobes  or 
 other locked containers, or by overcoming of other major obstacles; 
2) by several persons who conspired to commit thefts; 
3) in a particularly dangerous or particul arly impudent manner; 
4) b
y a person who had on him a weapon  or dangerous tool for attack or defense; 
5) d
uring a fire, flood, earthquake or other disaster; 
6) by taking advantage of helplessness or other distress of another person. 
IP/N/1/MNE/O/8 
 
         - 91 - (2) Where the value of stolen things exceeds three thousand euros or where a 
stolen property is a cultural or natural good, the perpetrator shall also be punished by 
punishment under para. 1 above.  
(3) Where the value of stolen property exceeds thirty thousand euros, the 
perpetrator shall be punished by a prison term from two to ten years. 
 
Robbery 
 
Arti
cle 241 
 (1) Anyone who is caught committing a theft and who uses force or threats of 
taking life or harming body against another person with the intention to retain the stolen 
property shall be punished by a prison term from one to eight years. 
(2) Where the value of stolen property exceeds three thousand euros, the 
perpetrator shall be punished by a prison term from two to ten years. 
 (3) Where the value of stolen property exceeds thirty thousand euros the 
perpetrator shall be punished by a prison term from two to twelve years. 
 (4) Where the offences under paras 1 to 3 above were committed by a group or 
where during the commission of the offence a serious bodily injury was inflicted on 
another with wrongful intent the perpetrator shall be punished by a prison term from 
three to fifteen years. 
(5) Where during the commission of the offences under paras 1 to 3 above a 
person was killed with wrongful intent, the perpetrator shall be punished by a prison 
term
 not shorter than ten years or by a forty-year prison term.      
(6) W
here the value of stolen property under para. 1 above does not exceed one 
hundred and fifty euros, and where the perpetrator intended to acquire only a small 
pecuniary gain, the perpetrator shall be punished by a prison term up to three years. 
(7) An attempted offence referred to in para. 6 above shall be subject to 
punishment.  
 
Assault and Robbery 
 
Arti
cle 242 
(1) Anyone who uses force or threats of taking life or harming body with the intention 
to take from another movable property in order to obtain for himself or for another 
person illicit pecuniary gain shall be punished by a prison term from two to ten years. 
(2) Where the value of stolen property exceeds three thousand euros, the perpetrator 
shall be punished by a prison term from two to twelve years. 
(3) Where the value of stolen property exceeds thirty thousand euros, the  
perpetrator shall be punished by a prison term from three to fifteen years. 
(4) Where the offences under paras 1 to 3 above were committed by a group or where 
they resulted in severe bodily injury of another person committed with wrongful intent, 
the perpetrator shall be punished by a prison term from three to fifteen years. 
IP/N/1/MNE/O/8 
 
         - 92 - (5) Where during the commission of the offences under paras 1 to 3 above a person 
was killed with wrongful intent, the perpetrator shall be punished by a prison term not 
shor
ter than ten years or by a forty-year prison term.      
(6) W
here the value of stolen property under para. 1 above does not exceed one 
hundred and fifty euros and where the perpetrator intended to acquire only a small 
pecuniary gain, the perpetrator shall be punished by a prison term up to three years. 
(7) An attempted offence referred to in para. 6 above shall be subject to punishment.  
 
Embezzlement 
 
Article 243 
(1) Anyone who embezzles movable property of another person which is entrusted to 
him with the intention to obtain for himself of for another person illicit pecuniary gain 
shall be punished by a fine or a prison term up to two years.  
(2) Where the value of embezzled property exceeds three thousand euros, the 
perpetrator shall be punished by a prison term from one to six years. 
(3) Where the value of embezzled property exceeds thirty thousand euros or where 
the embezzled property is a cultural good, the perpetrator shall be punished by a prison 
term from one to eight years. 
(4) Anyone who misappropriates movable property of another person which he 
found or incidentally came by with the intention to obtain for himself or another  person 
pecuniary gain shall be punished by a fine or a prison term up to one year. 
(5) Where the embezzled property is privately owned, prosecution for the offences 
under paras 1 to 4 above shall be instituted by a private charge. 
 
Fraud 
 
Article 244 
1) Anyone who deceives another person or keeps him in deception by false 
representation or concealment of facts inducing him thereby to act or refrain from acting 
to the detriment of his property or property of another person with the intention to 
obtain for himself or another person illicit pecuniary gain shall be punished by a fine or a 
prison term up to three years.  
(2) Anyone who commits the offence under para. 1 above with the sole intention to 
cause damage  to another person shall be punished by a fine or a prison term up to six 
months. 
(3) Where the offences under paras 1 and 2 above resulted in pecuniary gain or 
damage exceeding three thousand euros, the perpetrator shall be punished by a prison 
term from one to eight years. 
(4) Where the offences under paras 1 and 2 above resulted in pecuniary gain or 
damage exceeding thirty thousand euros, the perpetrator shall be punished by a prison 
term from two to ten years. 
IP/N/1/MNE/O/8 
 
         - 93 -  
IllWFounded Grant and Use of Loans and Other Benefits 
 
Article 245 
 (1) Anyone who falsely represents or conceals facts to obtain for himself or 
another person a loan, subsidy or other benefit even though he does not meet the 
eligibility requirements shall be punished by a fine or a prison term up to three years. 
 (2) Anyone who uses the loan, subsidy or other benefit obtained for purposes 
other than the ones the loan, subsidy or other benefit was granted for shall be punished 
by a fine or a prison term up to two years. 
 (3) The punishment for the offences under paras 1 and 2 above shall also apply to 
the responsible officer in a business organisation or other business entity where the loan, 
subsidy or other benefit were obtained for the business organisation or other business 
entity or where they were not used by these entities for the intended purposes. 
 
Petty Larceny, Embezzlement and Fraud 
 
Article 246 
 (1) Anyone who commits petty larceny, embezzlement, or fraud shall be punished 
by a fine or a prison term up to six months. 
(2) Theft, embezzlement or fraud shall be considered to be petty offences where 
the value of the property stolen or embezzled or of the damage inflicted by fraud does not 
exceed one hundred and fifty euros and where the perpetrator intended to acquire only a 
small pecuniary gain or cause small damage. 
(3) Where the offence under para. 1 above was committed against privately 
owned property, prosecution shall be instituted by a private charge. 
 
Misappropriation  
 
Arti
cle 247 
(1) Anyone who misappropriates movable property of another person without  
intention to obtain pecuniary gain shall be punished by a fine or a prison term up to six 
months. 
 (2) Where the value of misappropriated property exceeds three thousand euros, 
the perpetrator shall be punished by a prison term up to two years. 
 (3) Where the value of misappropriated property exceeds thirty thousand euros 
or where the property is a cultural good, the perpetrator shall be punished by a prison 
term  from three months to three years. 
 (4) Where the offences under paras 1 to 3 above were committed against privately 
owned property, prosecution shall be instituted by a private charge.  
 
IP/N/1/MNE/O/8 
 
         - 94 - Auto Theft 
 
Article 248 
 (1) Anyone who takes a motor vehicle without owner’s consent for his own use 
shall be punished by a fine or a prison term up to two years. 
 (2) Where the perpetrator of the offence under para. 1 abo v e caused damage 
exceeding one thousand euros to the misappropriated vehicle by negligence or where he 
allows another person to inflict damage to it, he shall be punished by a fine or a prison 
term up to three  years. 
 (3)
 An attempted offence under para. 1 above shall be subject to punishment.  
 
Abuse of Trust 
Article 249 
 (1) Anyone who is given authorization to represent property interests of another   
person or take care of his property and who abuses such authorization with the intention 
to obtain pecuniary gain for himself or another person or to cause damage to the person 
whose property interests he represents or whose property he takes care of shall be 
punished by a fine or a prison term up to three years. 
 (2) Where as a result of the offence under para. 1 above the pecuniary gain 
obtained or the damage inflicted exceeds three thousand euros, the perpetrator shall be 
punished by a prison term from one to six years. 
 (3) Where as a result of the offence under para. 1 above, the pecuniary gain 
obtained or the damage inflicted exceeds thirty thousand euros, the perpetrator shall be 
punished by a prison term from one to eight years. 
 (4) Where the offence under paras 1 to 3 above was committed by a guardian or 
an attorney-at-law, the perpetrator shall be punished for the offences under para. 1 
above by a prison term from six months to five years, for the offences under para. 2 
above by a prison term from one to eight years, and for the offences under para. 3  above 
by a prison term from two to ten years.  
 
Extortion 
 
Art
icle 250 
 (1) Anyone who uses violence or threats to force another to act or refrain from 
acting thus inflicting damage to his property or property of another person with the 
intention to obtain illicit pecuniary gain for himself or another person shall be punished 
by a prison term from one to eight years. 
 (2) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
three thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
IP/N/1/MNE/O/8 
 
         - 95 -  (3) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
thirty thousand euros, the perpetrator shall be punished by a prison term from two to 
twelve years. 
 (4) Anyone who engages in the commission of the offences under paras 1 to 3 
above on a regular bases, or who engages in the commission of the offences in 
association with other persons in an organized manner shall be punished by a prison 
term from three to fifteen years. 
 
Blackmail 
 
Article 251 
 (1) Anyone who threatens to another person to reveal information tarnishing his 
honour and reputation or honour and reputation of persons close to him thereby forcing 
him to act or refrain from acting to the detriment of his property or property of another 
person with the intention to obtain illicit pecuniary gain for himself or another person 
shall be punished by a prison term from three months to five years.  
 (2) Where the offence under para. 1 above results in pecuniary gain exceeding 
three thousand euros, the perpetrator shall be punished by a prison term from one to 
eight years. 
 (3) Where the offence under para. 1 above results in pecuniary gain exceeding 
thirty thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
 (4) Anyone who engages in the commission of the offences under paras 1 to 3 
above on a regular bases, or who engages in the commission of the offences in 
association with other persons in an organized manner shall be punished by a prison 
term from two to twelve years. 
 
Usury 
 
Article 252 
 (1) Anyone who lends money or other consumable property to another person in 
return for unreasonably high pecuniary gain for himself or another person thereby 
taking advantage of his difficult financial situation, position of vulnerability, extreme 
need, levity or poor judgment shall be punished by a prison term up to three years a n d 
by a fine. 
 (2) Where as a result of the offence under para. 1 above the injured party suffered 
grave consequences or where the perpetrator obtained pecuniary gain exceeding three 
thousand euros, he shall be punished by a prison term from six months to five years and 
by a fine. 
 (3) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
thirty thousand euros, the perpetrator shall be punished by a prison term from one to 
eight years and by a fine.  
 
IP/N/1/MNE/O/8 
 
         - 96 - Destroying or Damaging Property of Another Person 
 
Article 253 
 (1) Anyone who destroys, damages or makes useless th e property of another 
pers
on shall be punished by a fine or a prison term up to six months. 
 (2) Where the offence under para. 1 above resulted in a damage exceeding three 
thousand euros, the perpetrator shall be punished by a fine or a prison term up to two 
years.  
 (3) Where the offence under para. 1 above resulted in a damage exceeding thirty 
thousand euros, the perpetrator shall be punished by a prison term from six months to 
five years. 
 (4) Where the damaged property resulting from the offences under para. 1 above 
is privately owned, prosecution shall be instituted by a private charge. 
 
Destruction and Damage of Cultural Good 
 
Article 253a 
 (1) Anyone who damages, destroys or makes useless a cultural good  shall be 
punished by a prison term from one to eight years. 
 
 
 
Smuggling of Cultural Good 
 
Article 253b 
           (1) Anyone who takes out of the territory of Montenegro a cultural good without 
the authorization of the competent authority shall be punished by a prison term up to 
three years. 
 
           (2) Anyone who disposes of a cultural good that he took out of the territory of 
Montenegro without the authorization of the competent authority shall be punished by a 
prison term up to five years. 
 
           (3) Anyone who engages in the commission of the offences under paras 1 and 2 
above on a regular bases, or who engages in the commission of the offences in 
association with other persons in an organized manner shall be punished by a prison 
term from one to eight years and a fine.  
           (4) An attempt of the criminal offences under para. 1 above shall be subject to  
pun
ishment. 
 
 Unlawful Occupation of Land 
 
Article 254 
 (1) Anyone who occupies land of another person shall be pu n ished by a fine or a 
prison term up to one year. 
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         - 97 -  (2) Where the occupied land is part o f a protection forest, national park or other 
land
 intended for special purposes, the perpe trator shall be punished by a prison term 
from
 three months to three years. 
 
Thwarting of Creditor’s Claims 
 
Arti
cle 255 
 (1) Anyone who, with the intention to thwart creditor’s claim, disposes of, 
destroys, damages, or takes away his property on which another person has lien or right 
of enjoyment thereby causing damage to another person shall be punished by a fine or a 
prison term up to six months. 
 (2) The punishment under para. 1 above shall also apply to anyone who, with the 
intention to thwart settlement of creditor’s claim in a forced enforcement procedure, 
disposes of, destroys, damages or conceals parts of his property thus causing damage to 
the creditor. 
 (3) Where the offences under paras 1 and 2 above were committed against private 
citizens, prosecution shall be instituted by a private charge. 
 
Concealment 
 
Article 256 
 (1) Anyone who conceals, sells out, buys, accepts as security, or otherwise obtains 
property which he knows is the result of a criminal offence or what was gained for it 
through sale or exchange shall be punished by a fine or a prison term up to three years, 
provided that the punishment is less severe than the punishment prescribed for the 
criminal offence by which the property was obtained. 
 (2) Anyone who commits the offence under para. 1 above and who could have 
known or should have known the property was the result of a criminal offence shall be 
punished by a fine or a prison term up to one year. 
 (3) Where the perpetrator commits the criminal offence under para. 1 above on a 
regular basis, or where the offence was committed by several persons in an organized 
manner, or where the value of concealed property exceeds thirty thousand euros, the 
perpetrator shall be punished by a prison term from six months to five years. 
 
Appropriation, Concealment and Destruction of Archival Materials 
 
Article 256a 
            (1) Whoever appropriates, conceals, inflicts severe damage, destroys or otherwise 
makes useless records or archival materials or takes them to another state without 
proper authorization of the competent authority or allows another person to do so shall 
be punished by a prison term from three months to five years. 
 
IP/N/1/MNE/O/8 
 
         - 98 -             (2) Where the offence under para. 1 above was committed against records or 
archival materials of great significance, the perpetrator shall be punished by a prison 
term from one to ten years. 
 
Prosecution in Cases when Perpetrator is Closely Related to 
 Injured Party 
 
Article 257 
 Where the criminal offences under Articles 239, 240, 244, 248, 249, paras 1 to 3, 
and 256 hereof were committed against a spouse, a person the injured party lives with in 
a durable customary marriage, a direct blood relative, a brother or sister, adoptive parent 
or adopted child, or other persons with whom the perpetrator lives in joint household, 
prosecution shall be instituted by a private charge. 
 
 
TITLE TWENTYWTHREE 
CRIMINAL OFFENCES AGAINST PAYMENT TRANSACTIONS 
AND BUSINESS OPERATIONS 
 
Counterfeiting Money 
 
Article 258 
 (1) Anyone who produces imitation currency with the intention to put it into 
circulation as genuine or who alters genuine currency to increase its value shall be 
punished by a prison term from two to twelve years. 
 (2) Anyone who obtains, keeps or transports counterfeit currency with the 
intention to put it into circulation as genuine or who puts counterfeit currency into 
circulation shall be punished by a prison term from two to ten years. 
 (3) Where as a result of the offence under paras 1 and 2 above counterfeit 
currency was produced, altered, put into circulation or obtained and where its value 
exceeds fifteen thousand euros or an equivalent amount in a foreign currency, the 
perpetrator shall be punished by a prison term from five to fifteen years. 
 (4) Anyone who receives counterfeit currency as genuine and who after learning 
it is counterfeit puts it into circulation or who knows counterfeit currency was produced, 
or that counterfeit money was put into circulation and does not report it shall be 
punished by a fine or a prison term up to one year. 
 (5) Counterfeit currency shall be  confiscated . 
(6) Co
unterfeit currency within the definition of this criminal offence shall also 
be understood to mean currency produced in the same manner and of the same  material 
as genuine currency, in breach of regulations governing production of currency. 
 
IP/N/1/MNE/O/8 
 
         - 99 - Counterfeiting Securities 
 
Article 259 
 (1) Anyone who produces counterfeit securities or alters genuine securities with 
the intention to use them as genuine or gives them to another person, or who uses 
counterfeit securities as genuine ones, or obtains them for that purpose shall be 
punished by a prison term from one to five years. 
 (2) Where the aggregate value of counterfeit securities under para. 1 above 
exceeds three thousand euros, the perpetrator shall be punished by a prison term from 
one to eight years. 
 (3) Where the aggregate value of counterfeit securities referred to in para. 1 above 
exceeds thirty thousand euros, the perpetrator shall be punished by a prison term from 
two to ten years. 
 (4) Anyone who receives counterfeit securities as genuine and who after learning 
they are counterfeit puts them into circulation shall be punished by a fine or a prison 
term up to one year. 
 (5) Counterfeit securities shall be confiscated. 
 
Counterfeiting and Abuse of Credit and Debit Cards 
 
Article 260 
 (1) Anyone who produces counterfeit payment card or who alters genuine 
payment card with the intention to use it as genuine, or who unlawfully obtains 
counterfeit payment card or genuine payment card, or who possesses it, transfers it to 
another person for his use or who uses it shall be punished by a prison term up to three 
years.  
 (2) Where the perpetrator of the offence under para. 1 above obtained illicit 
pecuniary gain by using the payment card, he shall be punished by a prison term from six 
months to five years. 
 (3) Where the perpetrator of the offence under para. 1 above obtained illicit 
pecuniary gain exceeding three thousand euros, he shall be punished by a prison term 
from one to eight years. 
 (4) Where the perpetrator of the offence under para. 1 above obtained illicit 
pecuniary gain exceeding thirty thousand euros, he shall be punished by a prison term 
from two to ten years. 
 
Counterfeiting Token of Value 
 
Article 261 
 (1) Anyone who produces counterfeit tokens of value or alters genuine ones with 
the intention to use them as genuine or give them to another person for his use, or who 
IP/N/1/MNE/O/8 
 
         - 100 - uses such counterfeit tokens of value as genuine or obtains them for that purpose shall 
be punished by a prison term up to three years. 
 (2) If the aggregate value of tokens referred to in para. 1 above exceeds three 
thousand euros, the perpetrator shall be punished by a prison term from six months to 
five years. 
 (3) If the aggregate value of tokens referred to in para. 1 above exceeds thirty 
thousand euros, the perpetrator shall be punished by a prison term from one to eight 
years. 
 (4) Anyone who removes the seal by which tokens of value are annulled or who 
otherwise tries to give them the appearance of valid tokens, or who uses already used 
tokens or sells them as if they were valid shall be punished by a fine or a prison term up 
to one year. 
 (5) Counterfeit tokens of value shall be confiscated. 
 
Manufacture, Purchase and Supply of  
Counterfeiting Instruments and Materials  
 
Article 262 
 (1) Anyone who manufactures, purchases, sells, keeps for his use or supplies 
another person for his use the instruments and material for producing counterfeit 
currency, payment cards, or tokens of value shall be punished by a prison term from six 
months to five years. 
(2) The punishment under para. 1 above shall also apply to anyone who, in view 
of producing counterfeit currency, produces, purchases, sells, keeps, or supplies another 
person with holograms or other currency elements serving as protection against 
counterfeiting. 
 (3) Anyone who manufactures, purchases, keeps for his use or supplies another 
person for his use the instruments for producing counterfeit tokens of value shall be 
punished by a fine or a prison term up to two years. 
 (4) The instruments referred to in paras 1 and 2 above shall be confiscated. 
 
Issuing Uncovered Checks and NonWcash  
Means of Payment 
 
Article 263 
 (1) Anyone who uses an uncovered debit card or uses a credit card knowing that it 
will not be covered within the term set thereby obtaining for himself of for another 
person illicit pecuniary gain exceeding one hundred and fifty euros shall be punished by 
a fine or a prison term up to three years. 
 (2) The punishment under para. 1 above shall also apply to anyone who, with the 
intention of obtaining illicit pecuniary gain exceeding five hundred euros for himself or 
IP/N/1/MNE/O/8 
 
         - 101 - for another person, knowingly issues or puts into circulation an uncovered cheque, bill of 
exchange, a security, or some other means of payment, or a means securing payment. 
 (3) Where the offences under paras 1 and 2 above resulted in illicit pecuniary gain 
exceeding three thousand euros, the perpetrator shall be punished by a prison term from 
one to eight years. 
 (4) Where the offences under paras 1 and 2 above resulted in illicit pecuniary gain 
exceeding thirty thousand euros, the perpetrator shall be punished by a prison term from 
two to ten years. 
 
Evasion of Taxes and Contributions 
 
Article 264 
 (1) Anyone who, with the intention that he or another natural or legal person fully 
or partly evades payment of taxes, contributions or other statutory levies, furnishes false 
data on legal income, property or other facts relevant for the assessment of such  
obligations or anyone who, with the same intention, in case of mandatory tax returns, 
does not report legal income or property and other facts relevant for the assessment of 
such obligations and who, with the same intention, otherwise conceals data in relation to 
the assessment of such liabilities where the amount of liability the payment of which is 
evaded exceeds one thousand euros shall be punished by a prison term up to three years 
and by a fine. 
(2) Where the offence under para. 1 above was committed to the detriment of the 
financial interests of the European Union, the perpetrator shall be punished by the 
punishment prescribed for that offence. 
 (3) Where the amount of liability referred to in paras 1 and 2 above the payment 
of which is evaded exceeds ten thousand euros, the perpetrator shall be punished by a 
prison term from one to six years and by a fine.  
 (4) Where the amount of liability referred to in paras 1 and 2 the payment of 
which is evaded exceeds one hundred thousand euros, the perpetrator shall be punished 
by a prison term from one to eight years and by a fine. 
 
Smuggling 
 
Arti
cle 265 
 (1) Anyone who takes goods across the customs line evading customs control or 
who by evading customs control takes goods across customs line armed, in a group or 
using force or threats shall be punished by a prison term from six months to five years 
and by a fine. 
    
       (2) Whoever, by avoiding customs control, transfers across the customs line a large 
quantity of weapons or ammunition or weapons the possession of which is prohibited to 
citizens or other goods the production or trade of which is restricted or prohibited shall 
be punished by a prison term from one to eight years and by a fine. 
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         - 102 -  (3) Anyone who sells, distributes or conceals uncleared goods or organizes a 
network of dealers or middlemen for distribution of such goods shall be punished by a 
prison term from one to eight years and by a fine.  
(4) The goods which are the object of the offences under paras 1 and 2 above shall 
be confiscated. 
(5) A vehicle with hidden compartments which was used for the transport of the 
goods which represent the object of the offences under para. 1 above or intended for 
commission of these criminal offences may be confiscated when the owner or user of 
vehicle knew, could have known or should have known thereof, or when the value of the 
goods which are the object of the criminal offence exceeds one third of the value of the 
means of transport at the time of commission of the criminal offence.  
 
Unlawful Engagement in Banking, StockWExchange and 
Insurance Business 
 
Article 266 
(1) Anyone who without holding licence or in breach of licence eligibility 
requirements engages in banking, stock-exchange or insurance business shall be 
punished by a prison term from three months to five years. 
(2) The punishment for the offence under para. 1 above shall also apply to a 
responsible officer in a legal entity where the legal entity unlawfully engaged in one of 
the said activities, where the responsible officer knew, could have known, or should have 
known thereof. 
 
Issuing Uncovered Securities 
 
Article 267 
 (1) A responsible officer in a bank, business organisation or other business entity 
engaged in issuance of securities who authorizes issuance of securities although he knew, 
could have known, or should have known that the issuer was not able to settle his 
liabilities arising from such issuance on the terms, by the deadlines, and in the manner 
as set by law or the decision authorizing the issuance shall be punished by a fine or a 
prison term up to one year. 
 (2) A public official who authorizes issuance of securities although he knew, could 
have known, or should have known that the issuer was not able to settle his liabilities 
arising from such issuance on the terms, by the deadlines, and in the manner as set by 
law or the decision authorizing the issuance shall be punished by a prison term up to one 
year. 
 (3) A responsible officer in a bank who grants a security for issuance of securities 
even though he knew, could have known or should have known of the impossibility to 
perform a bank obligation taken on with the security on the terms, by the deadlines, and 
in the manner as set by law or security shall be punished by a fine or a prison term up to 
six months. 
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         - 103 -         
Money Laundering 
 
Article 268 
(1) Anyone who converts or transfers money or other property knowing that they 
are derived from criminal activity for the purpose of concealing or disguising the origin 
of the money or other property or who acquires, possesses or uses money or other 
property knowing at the time of receipt that they are derived from criminal activity, or 
who conceals or misrepresents the facts on the nature, origin, place of deposit, 
movement, disposal or ownership of money or of other property knowing they are 
derived from criminal activity shall be punished by a prison term from six months to five 
years. 
 
       (2) The punishment u nder para. 1 above shall apply to the principal of the  offence 
under para. 1 above if he was at the same time the principal or the accomplice in the 
commission of the criminal offence by which the money or property referred to in para. 1 
above was acquired. 
(3) Where the amount of money or value of the property referred to in paras 1 
and 2 above exceed forty thousand euros, the perpetrator shall be punished by a prison 
term from one to ten years. 
 (4) W here the offences under paras 1 and 2 above were commit ted by several 
persons who associated for the purpose of committing such offences, they shall be 
punished by prison term from thre e to twelve years. 
 (5)
 Anyone who commits the offence under paras 1 and 2 above and could have 
known or should have known that the money or property was derived from criminal 
activity  shall be punished by a prison term up to three years. 
 (6) The money and property referred to in paras 1, 2 and 3 above shall be 
confiscated. 
 
Breach of Equality in Business Operations 
 
Article 269 
 (1) Anyone who abuses his official position or authority in order to restrict 
freedom or independence of association of a business entity or other business enterprise 
in their business activities, who denies or restricts their right to engage in a business 
activity in a particular territory, discriminates against them over terms and conditions of 
business activity or restricts their freedom of business activity shall be punished by a 
prison term from three months to five years. 
 (2) The punishment under para. 1 above shall also apply to anyone who abuses 
his social status or influence in view of committing the criminal offence under para. 1 
above. 
 
Abuse of Monopoly Position 
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         - 104 -  
Article 270 
 A responsible officer in a business entity or other business enterprise who  abuses 
monopoly or dominant market position or who by concluding monopolistic contracts 
causes market disruptions or puts that entity into a favoured position in relation to 
others thus obtaining pecuniary gain for that entity or for another, or causing damage to 
other business enterprises, consumers or service users shall be punished by a prison 
term from three months to five years. 
 
Abuse of Trade Name 
 
Article 271 
 An y
one who, with the intention to deceive buyers or service users, uses someone 
else’s trade name, geographic indication of origin, trademark, protected designation, or 
special commodity mark, or copies individual features of these marks into his trade 
name, trademark or protected designation, or into his special commodity mark shall be 
punished by a fine or a prison term up to three years. 
 
Misu
se of Position in Business Activity 
 
Article 272 
(1) The responsible officer in a business entity or other business enterprise or 
other legal entity who by misusing his position or trust with respect to control of another 
person’s property, exceeding the limits of his authorisation, or refraining from 
discharging his duties obtains for himself or for another person illicit pecuniary gain or 
causes damage to another shall be punished by a prison term from three months to five 
years. 
 
(2) The punishment under para. 1 above shall also apply to anyone who, with the 
intention to obtain for himself or for another person pecuniary gain, misappropriates 
money, securities, or other movable property entrusted to him in his official capacity in a 
business entity, other business enterprise, or other legal entity. 
 
(3) Where the offence under paras 1 and 2 above resulted in pecuniary gain 
exc
eeding forty thousand euros, the perpetrator shall be punished by a prison term from 
two to ten years. 
 
Causing Bankruptcy 
 
Article 273 
 (1) A responsible officer in a business entity or other business enterprise who 
causes bankruptcy and causes damage to another person by irrational spending of assets 
or their bargain selling, by excessive borrowing, undertaking disproportional obligations, 
recklessly concluding contracts with insolvent entities, omitting to collect claims in time, 
by destroying or concealing property or by other acts which are not in compliance with  
IP/N/1/MNE/O/8 
 
         - 105 - prudent business practices shall be punished by a prison term from six months to five 
years. 
 (2) Where the offence under para. 1 was committed by negligence, the 
perpetrator shall be punished by a prison term from three months to three years. 
  
Bankruptcy Fraud 
 
Article 274 
 (1) A responsible officer in a business entity or other business enterprise who, 
with the intention that the entity evades payment of liabilities, files a false bankruptcy 
claim by fair value or fraudulent depreciation of its assets by: 
1) concealing, fictitiously selling, selling below its market value or ceding free of 
charge the assets of the business entity in whole or in part, 
2) concluding fictitious contracts on debt or  acknowledge fictiti ous claims, 
3) c
oncealing, destroying or altering records that the business enterprise is under 
duty to keep to the extent that they are not a proper representation of business 
performance or its assets and liabilities, or counterfeits financial records or 
otherwise misrepresents assets and liabilities to make the entity eligible for 
bankruptcy shall be punished by a prison term from six months to five years. 
 (2) Where the offences under para. 1 above resulted in grave consequences for the 
creditor, the perpetrator shall be punished by a prison term from  two to ten years. 
 
Causing Damage to Creditors 
 
Article 275 
 (1) A responsible officer in a business entity or other business enterprise who, 
knowing that the entity has become insolvent, repays the debt or otherwise places one 
creditor in a favoured position in relation to another creditor thus causing significant 
damage to the latter shall be punished by a prison term from three months to three 
years. 
 (2) The responsible officer referred to in para. 1 above or an entrepreneur who, 
knowing that the entity has become insolvent and with the intention to deceive or 
damage the creditor, acknowledges fictitious claims, concludes fictitious contracts or by 
other fraudulent act damages the creditor shall be punished by a prison term from three 
months to five years. 
 (3) Where the offences under paras 1 and 2 above resulted in a damage to the 
creditor exceeding forty thousand euros or where this provoked compulsory settlement 
or bankruptcy against the injured party, the perpetrator shall be punished by a prison 
term from  one to eight years. 
 
Misuse of Authority in Business Operations 
 
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         - 106 - Article 276 
 (1) A responsible officer in a business entity or other business enterprise who, 
with the intention to obtain illicit pecuniary gain for the legal entity with which he is 
employed, or for other legal person or other business enterprise: 
1) creates or maintains illicit monetary, commodity or other value funds in the 
country or abroad, 
2) produces documents with false contents, makes fraudulent assessment or 
inventory to misrepresent assets, cash flow, or performance indicators thus 
misleading managing authorities in the business entity or other legal entity in 
their decision making concerning management affairs, or puts the business 
entity or other legal entity in a favoured position in granting of funds or other 
benefits that they would not have been granted under applicable regulations, 
3) uses funds for purposes other than those they are intended for,  
4) otherwise seriously breaches his authority with respect to management, 
disposal and use of property, 
 shall be punished by a prison term from three months to five years. 
(2) Where the offences under para. 1 above resulted in pecuniary gain exceeding 
forty thousand euros, the perpetrator shall be punished by a prison term from two to 
twelve years. 
 
Passive Bribery in Business Sector 
 
Article 276a 
(1) A responsible officer or other person who works for or in a business entity or 
other business enterprise who solicits or accepts, for himself or for another person, 
directly or indirectly, a gift or other undue advantage, or accepts the promise of a gift or 
other undue advantage in return for concluding a contract, or reaching a business 
agreement or providing a service or refraining from such acts to the detriment or in 
favour of the business entity for which or in which he works or of another person shall be 
punished by a prison term from six months to five years.  
 
(2) The perpetrator referred to in para. 1 above who, after concluding the 
contract, or reaching the business agreement, or providing the services, or refraining 
from such acts, solicits or receives for himself or for another person a gift or other undue 
advantage or accepts the promise of a gift or other undue advantage shall be punished by 
a prison term up to two years. 
 
(3) The accepted gift and other undue advantage shall be confiscated.  
 
 
Active Bribery in Business Sector 
 
Article 276b  
(1) Anyone who gives, offers or promises a gift or other undue advantage to a 
res
ponsible officer or other person who works for or in a business entity or other 
business enterprise in order that he, for himself or for another person, concludes a 
contract or reaches a business agreement or provides a service to the detriment or in 
IP/N/1/MNE/O/8 
 
         - 107 - favour of the business entity for which or in which he works or of other entity or who acts 
as an intermediary in this kind of active bribery shall be punished by a prison term  from 
three months to three years.  
 
(2) Punishment may be remitted where the perpetrator referred to in para. 1 
above gave to another person a gift or other undue advantage at the request of the 
responsible officer or of another person who works for or in a business entity or other 
business enterprise and who voluntarily reports the offence after commission but before 
he learned it had been detected (effective regret).    
 
(3) The received gift or other undue advantage shall be confiscated. 
   
 
Damaging Business Reputation and Credit Rating 
 
Arti
cle 277 
 (1) Anyone who for the purpose of damaging business reputation or credit rating 
of another person disseminates false information about another person or misrepresents 
business operations of another person shall be punished by a fine or a prison term up to 
one year. 
 (2) Where the offence under para. 1 above resulted in grave consequences, the 
perpetrator shall be punished by a prison term from three months to three years. 
 (3) Prosecution for the offences under paras 1 and 2 above shall be instituted by a 
private charge. 
 
Fraudulent Balance Sheet 
 
Article 278 
 Anyone who, for the purpose of obtaining some gain for himself or for another 
person or causing damage to another person, produces a fraudulent balance sheet 
reporting a profit or loss in a business entity or other business enterprise or reporting the 
individual interests in the profit or loss of its respective members shall be punished by a 
prison term from  three months to five years. 
  
Misuse of Assessment 
 
Article 279 
 (1) A licensed assessor who in assessing assets of a business entity or other 
business enterprise misuses his authority thus obtaining for himself or another person  
some gain or causing damage to another person shall be punished by a prison term from 
three months to five years. 
IP/N/1/MNE/O/8 
 
         - 108 -  (2) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
three thousand euros, the perpetrator shall be punished by a prison term from one to 
eight years. 
 (3) Where the offence under para. 1 above resulted in pecuniary gain or damage 
exceeding thirty thousand euros, the perpetrator shall be punished by a prison term from 
two to ten years. 
 
Revealing a Business Secret 
 
Article 280 
 (1) Anyone who without authorization communicates, hands over or otherwise 
makes accessible to another person the data classified as business secret or who obtains 
such data with the intention to hand them over to an unauthorized person shall be 
punished by a prison term from three months to five years. 
 (2) Where the offence under para. 1 above was committed out of greed or with 
respect to strictly confidential data or for the purpose of their publication or use abroad, 
the perpetrator shall be punished by a prison term from two to ten years. 
 (3) Anyone who commits the offence under para. 1 above by negligence shall be 
punished by a prison term up to three years. 
 (4) A business secret is considered to include data and documents which were 
classified as such by a law, or a regulation or decision issued by a competent authority on 
the basis of a law, and revealing of which would or could cause harmful effects to the 
business entity or other business enterprise. 
 
Revealing and Using StockWexchange Secrets 
 
Article 281 
 (1) Anyone who reveals to an unauthorized person data related to stock-exchange 
or broker operations classified as a stock-exchange secret or who receives such data and 
obtains pecuniary gains through their use shall be punished by a prison term from three 
months to five years. 
 (2) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
three thousand euros, the perpetrator shall be punished by a prison term from one to 
eight years. 
 (3) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
thirty thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
 
Control Prevention 
 
Article 282 
IP/N/1/MNE/O/8 
 
         - 109 -  Anyone who prevents a control authority from examining business books or other 
records or who prevents an inspection or other authority from inspecting the objects, 
premises or other facilities shall be punished by a fine or a prison term up to one year. 
 
Unauthorized Production 
 
Article 283 
 (1) Anyone who, without authorization, produces or processes the goods which 
require a licence by a competent authority shall be punished by a fine or a prison term up 
to two years. 
 (2) Anyone who produces or processes the goods the production or processing of 
which is prohibited shall be punished by a prison term up to three years. 
 (3) The goods and the means of production and processing shall be confiscated. 
 
Unlawful Trade 
 
Article 284 
 (1) Anyone who, without authorization for trade activities, acquires for sale goods 
or other consumer goods the value of which exceeds three thousand euros, or who 
without authorization engages in large scale trade, brokering or agency operations in 
domestic or foreign trade of goods and services shall be punished by a fine or a prison 
term up to two years. 
 (2) Anyone who engages in the sale of goods the unlawful production of which he 
organized shall be punished by a prison term from three months to three years. 
 (3) The punishment under para. 2 above shall also apply to anyone who 
unlawfully sells, buys or exchanges goods or objects the trade of which is prohibited or 
limited. 
 (4) Where a perpetrator of the offence under paras 1 to 3 above organized a 
network of resellers or middlemen or where he obtained pecuniary gain exceeding three 
thousand euros, he shall be punished by a prison term from six months to five years. 
 (5) Where a perpetrator of the offence under paras 1 to 3 above obtained 
pecuniary gain exceeding thirty thousand euros, he shall be punished by a prison term 
from one to six years. 
 (6) The goods and the objects of unlawful trade shall be confiscated. 
 
Deception of Buyers 
 
Article 285 
 Anyone who, with the intention to deceive buyers, releases into circulation the 
products whose label includes data which do not match the content, type, origin or 
quality of the product or who releases into circulation the products which in terms of 
IP/N/1/MNE/O/8 
 
         - 110 - their quantity and quality do not match what is normally expected of such products or 
who releases into circulation products without a label specifying the content, type, origin 
or quality of the product where such label is required or who uses manifestly fraudulent 
advertisement when putting the products into circulation shall be punished by a prison 
term up to  three years and by a fine. 
 
Counterfeiting Product Markings  
 
Article 286 
 (1) Anyone who, with the intention to use them as genuine, produces counterfeit  
seals, trademarks, marks or other markings used for domestic and foreign merchandise 
by which gold or other precious metals, wood, cattle and other goods are stamped or 
who, with the same intention, alters such markings or uses such counterfeit or altered 
markings as genuine ones shall be punished by a fine or a prison term up to two years. 
 (2) Counterfeit markings shall be confiscated and destroyed. 
 
 
TITLE TWENTYWFOUR 
CRIMINAL OFFENCES AGAINST HUMAN HEALTH 
 
Noncompliance with Health Regulations for the Suppression of  
Dangerous Communicable Disease 
 
Article 287 
Anyone who does not comply with regulations, decisions, orders or instructions 
ordering measures for the suppression or prevention of a dangerous communicable 
disease shall be punished by a fine or a prison term up to one year. 
 
Transmission of Dangerous Communicable Disease 
 
Article 288 
Anyone who does not comply with regulations, decisions, orders or instructions  
for the suppression or prevention of a dangerous communicable disease due to which the 
disease concerned is transmitted shall be punished by a prison term up to three years. 
 
Transmission of HIV Infection 
 
Article 289 
WdeletedW 
 
IP/N/1/MNE/O/8 
 
         - 111 - Medical Malpractice 
 
Article 290 
 (1) A doctor who in providing health care applies manifestly inadequate medical 
means or manifestly inadequate treatment or who omits to apply adequate hygienic 
measures or otherwise applies wrong practices thereby seriously impairing the health of 
another person shall be punished by a prison term from three months to three years. 
 (2)  The punishment under para. 1 above shall also apply to other health care 
provider who in providing health care or conducting other health related activities  
manifestly applies wrong practices thereby seriously impairing the health of another 
person. 
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to one year. 
 
Unlawful Practices in Medical Experiments and 
Tests on Medicines 
 
Article 291 
 (1) Anyone who, in breach of regulations, performs medical or other related 
experiments on humans shall be punished by a prison term from three months to five 
years. 
(2) The punishment under para. 1 above shall also apply to anyone who makes 
interventions aimed at the creation of a human being that is genetically identical to 
another human being (cloning) or who conduct experiments to that end. 
 (3) Anyone who, in breach of regulations, performs clinical trials of a medicine 
shall be punished by a prison term from three months to three years. 
 
Duty to Rescue 
 
Article 292 
 (1) A doctor who, in breach of his duty, refuses to provide medical assistance to a 
person who is in need of such assistance where his life is in peril or who is exposed to the 
risk of serious bodily injury or whose health may be impaired shall be punished by a fine 
or a prison term up to two years. 
 (2) Where as a result of the offence under para. 1 above the person who was 
denied assistance suffers serious bodily injury or where his health condition is severely 
impaired, the perpetrator shall be punished by a prison term from three months to four 
years. 
 (3) Where the offence under para. 1 above results in the death of the person who 
was denied assistance, the perpetrator shall be punished by a prison term from one to 
eight years. 
IP/N/1/MNE/O/8 
 
         - 112 -  
Quackery 
 
Article 293 
 Anyone who without adequate professional qualifications engages in providing 
treatment or other health care services shall be punished by a fine or a prison term up to 
two years. 
 
Unlawful Transplantation of Organs  
 
Article 294 
 (1)  A doctor who prior to performing a transplantation of an organ does not 
obtain informed consent in writing by either the recipient or his parent, adoptive parent 
or guardian, where the recipient is a minor or a mentally incapacitated person, shall be 
punished by a prison term from three months to three years. 
 (2)  The punishment under para. 1 above shall also apply to a responsible officer 
in a health care institution extracting or transplanting human organs or examining their 
compatibility for transplantation where the institution does not fulfill statutory 
requirements for such medical interventions. 
 
Unlawful Extraction of Organs for Transplantation 
 
Article 295 
 (1) A doctor who for the purpose of transplantation extracts an organ from a 
living, adult, physically and mentally healthy person without having obtained prior 
informed consent in writing or who extracts an organ from a living minor who is of poor 
judgment or is mentally incapacitated without having obtained prior informed consent 
in writing by his parent, adoptive parent or guardian shall be punished by a prison term 
from three months to four years. 
 (2) The punishment under para. 1 above shall also apply to a doctor who takes for 
transplantation an organ from a deceased person whose death was not established in 
compliance with the regulations governing transplantation of organs. 
 (3) A doctor who for the purpose of transplantation extracts an organ from a 
deceased person who during his life objected, expressly, in writing, to organ extraction or 
who takes an organ from a deceased minor or a mentally incapacitated person without 
having obtained prior informed consent in writing by his parent, adoptive parent or 
guardian shall be punished by a fine or a prison term up to one year.  
 
Malpractice in Preparation and Issuance of Medicines 
 
Article 296 
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         - 113 -  (1) A person in charge of issuing medicines to be used in health care who issues 
another medicine instead of the one prescribed or required, where such replacement is 
not allowed, or who does not prepare a medicine in the prescribed proportion or quantity 
or who acts with malpractice in issuing medicines thus seriously impairing the health of 
another person shall be punished by a prison term from three months to three years. 
(2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
 
Production and Release of Harmful Products into Circulation 
 
Article 297 
 (1) Anyone who produces for sale, sells or releases into circulation harmful 
foodstuffs, food or drinks or other products harmful to human health shall be punished 
by a prison term from three months to three years.  
      (2) Anyone who releases the products referred to in para. 1 above into circulation 
without having them inspected by an authorized person, where such inspection is 
required under regulations, shall be punished by a prison term up to three years.  
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to one year. 
 (4) The objects referred to in paras 1 and 2 above shall be confiscated. 
  
Malpractice in Food Inspection 
 
Article 298 
 (1) An authorized person who unconscientiously performs inspection of livestock 
for slaughter, meat intended as food and other food products or who, in breach of 
regulations, omits to inspect them thereby making possible the release into circulation of 
meat and other food products harmful to human health shall be punished by a prison 
term from three months to three years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
 
Pollution of Drinking Water and Foodstuffs 
 
Article 299 
 (1) Anyone who pollutes drinking water or foodstuffs by a harmful substance 
shall be punished by a prison term from three months to three years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
 
IP/N/1/MNE/O/8 
 
         - 114 - Unauthorized Production, Possession and Release into 
Circulation of Narcotic Drugs 
 
Article 300 
(1) Anyone who unlawfully produces, processes, sells, or offers for sale, or who for 
the purpose of selling buys, possesses, or transports, or mediates in the selling or buying, 
or otherwise unlawfully releases into circulation substances proclaimed to be narcotic 
drugs or plants containing such substances shall be punished by a prison term from two 
to ten years. 
 
(2) Anyone who brings into Montenegro substances proclaimed to be narcotic 
drugs or plants containing such substances with the intention to commit the offence 
under para. 1 above shall be punished by a prison term from two to twelve years. 
 
(3)  Where the perpetrator of the offence under paras 1 and 2 above organized a 
network of dealers and middlemen, he shall be punished by a prison term from three to 
fifteen years. 
 
(4) The punishment under para. 3 above shall also apply to anyone who sells, 
offers for sale or gives narcotic drugs without fee for further release into circulation to a 
minor, mentally ill person, a person who has a temporary mental alienation, person 
having severe intellectual disabilities or a person undergoing drug addiction treatment, 
or who releases into circulation a narcotic drug mixed with a substance which may lead 
to serious impairment of health, or who commits the offence under para. 1 above in an 
educational institution or in its immediate vicinity, or in an institution for the 
enforcement of criminal sanctions, a public facility, or at a public event, or where the 
offence under paras 1 and 2 above was committed by a public official, a physician, social 
worker, priest, teacher or an instructor by virtue of their position or who exploits a minor 
for the commission of that act. 
 
(5) Punishment may be remitted where the perpetrator of the offences under 
paras 1 to 4 above reports the name of his drug supplier. 
 
            (6) Anyone who unlawfully makes, acquires, possesses, transports or gives for use 
equipment, material or substances knowing they are intended for the production of 
narcotic drugs shall be punished by a prison term from six months to five years. 
(7) Narcotic drugs and the means used for their production shall be confiscated 
and destroyed. 
 
Making Arrangements for Drug Use 
 
Article 301 
 (1) Anyone who instigates another person to use narcotic drugs or who gives 
narcotic drugs to another for his use or use of another person, or who places at disposal 
of another person the premises for the purpose of drug use, or otherwise enables another 
person to use narcotic drugs shall be punished by a prison term from six months to five 
years. 
IP/N/1/MNE/O/8 
 
         - 115 -  (2) Where the offence under para. 1 above was committed against a minor, 
mentally ill person, person with temporary mental alienation, person having severe 
intellectual disabilities or a person undergoing drug addiction treatment or against a 
number of persons, or who commits such an offence in an educational institution or in 
its immediate vicinity, or in an institution for the enforcement of criminal sanctions or in 
a public facility or at a public event, or where the offence in question was committed by a 
public official, physician, social worker, priest, teacher or an instructor by virtue of their 
position, the perpetrator shall be punished by a prison term from two to ten years.  
           (3) Narcotic drugs shall be confiscated and destroyed. 
 
Serious Offences against Human Health 
 
Article 302 
 (1) Where the offences under Articles 287 and 290, paras 1 and 2, 291, 293, 296 
para. 1, 297 paras 1 and 2, 298 para. 1, and 299 para. 1, hereof resulted in a serious bodily 
injury or severe damage to health of another person, the perpetrator shall be punished 
by a prison term from one to eight years. 
 (2) Where the offences under Articles 287 and 290 paras 1 and 2, 291, 293, 296 
para. 1, 297 paras 1 and 2, 298 para. 1 and 299 para. 1 hereof resulted in the death of one 
or more persons, the perpetrator shall be punished by a prison term from two to twelve 
years. 
 (3) Where the offences under Articles 290 para. 3, 296 para. 2, 297 para. 3, 298 
para. 2 and 299 para. 2 hereof resulted in severe injuries or damage to health of another 
person, the perpetrator shall be punished by a prison term up to four years. 
 (4) Where the offences under Articles 290 para. 3, 296 para. 2, 297 para. 3, 298 
para. 2 and 299 para. 2 hereof resulted in the death of another person, the perpetrator 
shall be punished by a prison term from one to eight years. 
 
 
TITLE TWENTYWFIVE  
 
CRIMINAL OFFENCES AGAINST ENVIRONMENT AND SPATIAL 
PLA N
NING 
 
Environment Pollution 
 
Article 303 
 (1) Anyone who, in breach of regulations governing protection, preservation and 
development of the environment, pollutes the air, water or soil to a large extent or in a 
wider area shall be punished by a prison term up to three years.  
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
IP/N/1/MNE/O/8 
 
         - 116 -  (3) Where as a result of the offence under para. 1 above flora and fauna were 
either destroyed or damaged to a large extent or where the environment is polluted to 
such an extent that it will take a longer period of time and significant funds to remove 
the damage, the perpetrator shall be punished by a prison term from one to eight years. 
 (4) Where as a result of the offence under para. 2 above flora and fauna were 
destroyed or damaged to a large extent or where the environment is polluted to such an 
extent that it will take a longer time period and significant funds to remove the damage, 
the perpetrator shall be punished by a prison term from six months to five years. 
 (5) Where a suspended sentence is imposed for the offences under paras 1 and 4 
above, the court may order the perpetrator to take the prescribed measures of 
environment protection, preservation and development within the specified time period. 
 
Noncompliance with Environment Protection Regulations 
 
Article 304 
 (1) An officer responsible for taking environment protection, preservation and 
development measures who omits to take the prescribed environment protection 
measures shall be punished by a fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to six months.  
 (3) Where as a result of the offence under para. 1 above the air, water or soil were 
polluted to a large extent or in a wider area, the perpetrator shall be punished by a prison 
term up to three years. 
 (4) Where as a result of the offence under para. 2 above the air, water or soil were 
polluted to a large extent or in a wider area, the perpetrator shall be punished by a fine or 
a prison term up to one year. 
 (5) Where as a result of the offences under paras 1 and 3 above flora or fauna 
were destroyed to a large extent or where the environment is polluted to such an extent 
that it will take a longer period of time and significant funds to remove the 
consequences, the perpetrator shall be punished by a prison term from one to eight 
years. 
 (6) Where as a result of the offences under paras 2 and 4 above flora and fauna 
were destroyed to a large extent or the environment is polluted to such an extent that it 
will take longer period of time and significant funds to remove the consequences, the 
perpetrator shall be punished by a prison term from six months to five years. 
 (7) Where a suspended sentence is imposed for the offences under paras 1 to 6 
above, the court may order the perpetrator to take certain prescribed environment 
protection, preservation and development measures within the specified time period. 
 
Unlawful Construction and Launch of Operation of 
Facilities and Installations which Pollute the Environment 
 
Article 305 
IP/N/1/MNE/O/8 
 
         - 117 -  (1) A public official or a responsible officer who, in breach of regulations 
governing the protection, preservation and development of the environment, allows 
construction, launch of operation or use of facilities or installations or use of technology 
which to a large extent or in a wider area pollutes the environment shall be punished by a 
prison term from six months to five years. 
 (2) Where as a result of the offences under para. 1 above flora or fauna were 
destroyed to a large extent or the environment is polluted to such an extent that it will 
take a long period of time or significant funds to remove the consequences, the 
perpetrator shall be punished by a prison term from one to eight years. 
 (3) Where a suspended sentence is imposed by court for the offences under paras 
1 and 2 above, the court may order the perpetrator to take certain prescribed measures of 
environment protection, preservation and development within the specified time period. 
 
Damaging Environment Protection Facilities and Devices 
 
Article 306 
 (1) Anyone who damages, destroys, removes or otherwise makes useless 
environment protection facilities or devices shall be punished by a prison term up to 
three years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
 (3) Where the offences under para. 1 above resulted in extensive air, water or soil 
pollution or pollution in a wider area, the perpetrator shall be punished by a prison term 
from six months to five years. 
 (4) Where the offences under para. 2 above resulted in extensive air, water or soil 
pollution or pollution in a wider area, the perpetrator shall be punished by a prison term 
up to three years. 
 (5) Where through the offence under paras 1 and 3 above flora or fauna were 
destroyed or damaged to a large extent or the environment pollution is of such an extent 
that it will take a long period of time and significant funds to remove the consequences, 
the perpetrator shall be punished by a prison term from one to eight years. 
 (6) Where through the offences under paras 2 and 4 above flora or fauna were 
destroyed or damaged to a large extent or the environment was polluted to such an 
extent that it will take a long time or significant funds to remove the consequences, the 
perpetrator shall be punished by a prison term from six months to five years. 
 (7) Where a suspended sentence is imposed by court for the offences under paras 
1 to 6 above, the court may order the perpetrator to take particular prescribed measures 
of protection, preservation and development of the environment within the specified 
time period. 
 
Damaging the Environment 
 
Article 307 
IP/N/1/MNE/O/8 
 
         - 118 -  (1) Anyone who, in breach of regulations, uses natural resources, constructs 
structures, carries out works or otherwise causes damage to the environment to a large 
extent or in a wider area shall be punished by a prison term up to three years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
 (3) Where through the offence under para. 1 above flora or fauna were destroyed 
or damaged to a large extent or the environment polluted to such an extent that it will 
take a long time and significant funds to remove the consequences, the perpetrator shall 
be punished by a prison term from one to eight years. 
 (4) Where through the offence under para. 2 above flora or fauna were destroyed 
or damaged to a large extent or the environment polluted to such an extent that for it will 
take a long time and significant funds to remove the consequences, the perpetrator shall 
be punished by a prison term from six months to five years. 
 (5) Where a suspended sentence is imposed by court for the offences under paras 
1 to 4 above, the court may order the perpetrator to take particular measures prescribed 
for protection, preservation and development of the environment within the specified 
time period. 
 
Misuse of Genetically Modified Organisms 
 
Article 307a 
(1) Whoever in breach of regulations produces for sale, sells or releases into 
circulation products that contain, consist of or were obtained from genetically modified 
organisms and thereby endangers the environment shall be punished by a fine or a 
prison term up to one year. 
 
(2) Whoever omits to destroy the waste that contains, consists of or is derived 
from genetically modified organisms in such a manner that the genetically modified 
organism is no longer able to reproduce or transfer genetic material to other organisms 
shall be punished by a fine or a prison term up to one year. 
 
Destruction of Plants 
 
Article 308 
 (1) Anyone who, in breach of regulations, destroys or damages plants to a larger 
extent or in a wider area shall be punished by a fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed against specially 
protected species of plants, the perpetrator shall be punished by a prison term from six 
months to five years. 
 (3) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to six months. 
 (4) Where the offence under para. 2 above was committed by negligence, the 
perpetrator shall be punished by a prison term up to three years. 
 
IP/N/1/MNE/O/8 
 
         - 119 - Killing and Torturing Animals 
 
Article 309 
 (1) Anyone who, in breach of regulations, kills, hurts or tortures animals or 
damages and destroys their habitats to a larger extent or in a wider area shall be 
punished by a fine or a prison term up to one year. 
 (2) Where as a result of the offence under para. 1 above animals belonging to 
specially protected animal species are killed or hurt, the perpetrator shall be punished by 
a prison term from six months to five years. 
  
Destroying and Damaging Protected Natural Good 
 
Article 310 
 (1) Anyone who damages or destroys a protected natural good shall be punished 
by a prison term from three months to five years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to six months. 
 
Stealing a Protected Natural Good 
 
Article 311 
 (1) Anyone who commits theft (Art.239) of a protected natural good shall be 
punished by a prison term from one to six years. 
 (2) Where the protected natural good was taken from another person by robbery 
or assault and robbery or where the value of the stolen natural good exceeds thirty 
thousand euros, the perpetrator shall be punished by a prison term from five to fifteen 
years. 
 (3) Anyone who, in doing construction, mining, water supply, agricultural or 
other works, misappropriates a natural good which has the characteristics due to which 
it may be declared a protected natural good shall be punished in accordance with the 
provisions contained in paras 1 and 2 above. 
 
Taking Abroad Protected Natural Good and 
Specially Protected Plants and Animals 
 
Article 312 
 (1) Anyone who, in breach of regulations, exports or takes abroad a protected 
natural good or specially protected plant or animal shall be punished by a prison term 
from  three months to three years. 
 (2) An attempted offence shall be subject to punishment. 
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         - 120 -  
Bringing Hazardous Substances into Montenegro 
 
Article 313 
 (1) Anyone who, in breach of regulations, brings into Montenegro radioactive or 
other hazardous substances or hazardous waste materials, or who transports such 
substances across the territory of Montenegro shall be punished by a prison term up to 
three years. 
 (2) Anyone who by virtue of his position or authority allows or enables for 
substances and waste materials referred to in para. 1 above to be brought into 
Montenegro, or who transports the above mentioned substances across the territory of 
Montenegro shall be punished by a prison term from six months to five years. 
 (3) Anyone who organizes the commission of offences under para. 1 above shall 
be punished by a prison term from one year to eight years. 
 (4) An attempted offence as of para. 1 above shall be subject to punishment.  
(5) Where the offence under paras 1, 2 and 3 above resulted in the death of one or 
a number of persons or in large-scale destruction, the perpetrator shall be punished by a 
prison term not shorter than ten years. 
 
Unlawful Processing, Disposal and 
Storage of Hazardous Substances 
 
Article 314 
 (1) Anyone who, in breach of regulations, processes, disposes, collects, stores or 
transports radioactive or other hazardous substances or hazardous waste materials shall 
be punished by a prison term up to three years. 
 (2) Anyone who by virtue of his official position or authority allows or enables 
processing, disposal, collecting, storing or transport of substances or waste materials 
referred to in para. 1 above shall be punished by a prison term from six months to five 
years. 
 (3) Where as a result of the offences under paras 1 and 2 above, flora or fauna 
were destroyed to a large extent or the environment is polluted to such an extent that it 
will take a long period of time or significant funds to to remove the consequences, the 
perpetrator shall be punished by a prison term from one to eight years. 
 (4) An attempted offence as of para. 1 above shall be subject to punishment.  
 (5) Where a suspended sentence is imposed for the offences under paras 1 to 4 
above, a court may order the perpetrator to take particular measures prescribed for 
protection against ionizing radiation or other prescribed protection measures within the 
specified time period. 
 
Unlawful Construction of Nuclear Installations 
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         - 121 -  
Article 315 
 Anyone who, in breach of regulations, allows or starts construction of a nuclear 
power plant, an installation for the production of nuclear fuel or an installation for 
processing of used nuclear waste shall be punished by a prison term from six months to 
five years. 
 
Noncompliance with Decision Ordering Environment Protection Measures 
 
Article 316 
 (1) A public official or a responsible officer who omits to enforce the decision of 
the competent authority ordering environmental protection measures shall be punished 
by a prison term up to three years. 
 (2) Where a suspended sentence is imposed for the offence under para. 1 above, 
the court may order the perpetrator to take within the specified time period the 
measures set by the competent authority. 
 
Violation of the Right to be Informed on State of Environment 
 
Article 317 
 (1) Anyone who, in breach of regulations, omits to provide data or provides 
untrue data on the state of the environment and the phenomena which are necessary for 
the assessment of the environment hazards and for taking measures for the protection of 
life and health of people shall be punished by a fine or a prison term up to one year. 
 (2) Anyone who makes public untrue data on the state of the environment and 
thereby causes panic or disturbs the public shall be subject to punishment under para. 1 
above. 
 
Transmission of Communicable Animal and Plant Diseases 
 
Article 318 
 (1) Anyone who during an epidemics of a livestock disease that may endanger 
cattle breeding omits to comply with the regulations, decisions and orders prescribing 
the measures for suppression and prevention of the disease shall be punished by a fine or 
a prison term up to two years. 
 (2) Anyone who while there is still danger of diseases and pests which can 
endanger animal or plant life omits to comply with the regulations, decisions and orders 
prescribing the measures for suppression and prevention of the disease or pests shall be 
subject to punishment under para. 1 above. 
IP/N/1/MNE/O/8 
 
         - 122 -  (3) Where as a result of the offence under paras 1 and 2 above animals die, plants 
are destroyed or some other major damage is done the amount of which exceeds three 
thousand euros, the perpetrator shall be punished by a prison term up to three years. 
 (4) Where the offence under paras 1 to 3 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
 (5) Anyone who, in breach of regulations, conceals the existence of a 
communicable disease among animals or omits to report to the veterinary service, the 
veterinary doing private practice or a body competent for veterinary affairs the presence 
of signs indicating the existence of such a disease due to which the communicable 
disease spreads or animals die or some other major harm is caused the amount of which 
exceeds three thousand euros shall be punished by a fine or a prison term up to one year. 
 
Veterinary Malpractice  
 
Article 319 
 (1) A veterinary or an authorized veterinary worker who in providing veterinary 
assistance prescribes or applies obviously inadequate means or obviously inappropriate 
treatment, or otherwise wrongly practices treatment of animals thereby causing animals 
to die or causing other major damage the amount of which exceeds three thousand euros 
shall be punished by a fine or a prison term up to two years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to six months. 
 
Unlicensed Practice of Veterinary Medicine 
 
Article 320 
 Anyone who without appropriate professional qualifications provides treatment 
of animals or provides other veterinary services for remuneration shall be punished by a 
fine or a prison term up to six months. 
 
Producing Harmful Products for Treatment of Animals 
 
Article 321 
 (1) Anyone who produces for sale or releases into circulation products for 
treatment or for prevention of epidemics in animals which are harmful to their life or 
health shall be punished by a fine or a prison term up to one year. 
 (2) Where as a result of the offence under para. 1 above an animal dies or other 
major damage is caused the amount of which exceeds three thousand euros, the 
perpetrator shall be punished by a fine or a prison term up to two years. 
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to six months. 
IP/N/1/MNE/O/8 
 
         - 123 -  
Pollution of Livestock Fodder and Water 
 
Article 322 
 (1) Anyone who pollutes with a harmful substance livestock fodder or water and 
thereby brings into danger the life and health of animals shall be punished by a fine or a 
prison term up to one year.  
 (2) The punishment under para. 1 above shall also apply to anyone who pollutes 
with a harmful substance water in a fish-pond, lake, river, channel or sea or who 
endangers fish and other aquatic animals by stocking with fish from polluted waters. 
 (3) Where as a result of the offence under paras 1 and 2 above animals die or 
other large scale damage is caused the amount of which exceeds three thousand euros, 
the perpetrator shall be punished by a fine or a prison term up to two years. 
 (4) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to six months. 
 
Devastation of Forests 
 
Article 323 
 (1) Anyone who, in breach of regulations or orders by competent authorities, cuts 
or clears forests, or who damages trees or otherwise devastates forests or cuts down one 
or more trees in a park, avenue of trees or in some other place where cutting trees is 
prohibited shall be punished by a fine or a prison term up to one year. 
 (2) Anyone who commits the offence under para. 1 above i n a protection fore st, 
nati
onal park or some other special purpose forest shall be punished by a prison term 
from three months to three years. 
 
Unlawful Deforestation 
 
Article 324 
 (1)  Anyone who, with the intention to steal wood, fells one or more trees in a 
forest, park or an avenue of trees, where the quantity of felled  trees exceeds one cubic 
mete
r shall be punished by a fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed with the intention to 
sell the cut down tree, or if the quantity of trees cut down exceeds five cubic meters, or if 
the offence was committed in a protection forest, a national park or other special 
purpose forest, the perpetrator shall be punished by a prison term from three months to 
three years and by a fine. 
 (3) An attempted offence as of paras 1 and 2 above shall be subject to 
punishment. 
 
IP/N/1/MNE/O/8 
 
         - 124 - Unlawful Hunting 
 
Article 325 
 (1) Anyone who hunts game in closed hunting season or in a territory where 
hunting is forbidden shall be punished by a fine or a prison term up to six months. 
 (2) Anyone who without authorization hunts game in a preserve of another 
person and kills or wounds game or catches it alive shall be punished by a fine or a 
prison term up to one year. 
 (3) Where the offence under para. 2 above was committed against big game, the 
perpetrator shall be punished by a fine or a prison term up to two years.  
 (4) Anyone who hunts game the hunting of which is forbidden or who hunts 
without a special permit a particular type of game for the hunting of which such a permit 
is required, or who hunts in a manner or by means which cause mass killing of game 
shall be punished by a prison term up to three years.  
 (5) The game hunted and the means used for hunting shall be confiscated. 
 
Unlawful Fishing  
Article 326 
 ( 1
) Anyone who catches fish or other aquatic animals in closed hunting season or 
in waters in which fishing is forbidden shall be punished by a fine or a prison term up to 
six months. 
 (2) Anyone who uses explosives, electric current, poison, overpowering agents or 
otherwise does so in a manner harmful to breeding of fish and other aquatic animals or 
in a manner used for mass killing of such animals shall be punished by a prison term up 
to three years. 
 (3) Anyone who catches fish or other aquatic animals of higher biological value or 
in a larger quantity, or who destroys larger quantity of fish or other aquatic animals in 
fishing shall be subject to the punishment under para. 2 above.  
 (4) The catch and the means used for fishing shall be confiscated. 
 
Illegal Building Construction 
 
Article 326а 
Whoever in breach of regulations governing building construction, spatial planning 
and development begins to erect a building without having acquired a building permit or 
erects a building in breach of the issued building permit and technical documentation or 
a decision by the competent authority banning construction shall be punished by a 
prison term from six months to five years. 
 
Unlawful Connection of Construction Site  
to 
Technical Infrastructure 
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         - 125 -  
Article 326b 
Whoever, in breach of regulations governing building construction, spatial planning 
and development, connects to the technical infrastructure (electricity, water supply, 
sewerage and road) or allows the connection of a construction site, facility under 
construction or a building facility for which building permit was not issued, shall be 
punished by a prison term from three months to three years. 
 
 
TITLE TWENTYWSIX 
CRI
MINAL OFFENCES AGAINST GENERAL SAFETY 
OF PEOPLE AND PROPERTY 
 
Causing General Danger 
 
Arti
cle 327 
(1) Anyone who causes danger to life or body of people or property the value of 
which exceeds twenty thousand euros through causing fire, flood, explosion, by poison or 
poisonous gas, radioactive or other ionizing radiation, electrical power, motor power or 
any other generally dangerous act or means shall be punished by a prison term from six 
months to five years.  
 (2) The punishment under para. 1 above shall also apply to a public official or a 
responsible officer who omits to install the devices prescribed for protection against 
fires, floods, explosions, poisons or poisonous gases, radioactive or other ionizing 
radiations, electric power or other harmful means, or omits to maintain these devices as 
to the functioning level, or if in need omits to use the equipment, or does not observe 
regulations or technical protection standards at all and thereby causes danger to life or 
body of people or property the value of which exceeds twenty thousand euros. 
 (3) Where the offences under paras 1 and 2 above were committed at a place 
where a large number of people gathered, the perpetrator shall be punished by a prison 
term from one to six years. 
 (4) Where the offence under paras 1, 2 and 3 above was committed by negligence, 
the perpetrator shall be punished by a prison term up to three years. 
 
Destroying and Damaging Public Infrastructure 
 
Article 328 
 (1) Anyone who destroys, damages, alters or makes useless or removes public 
infrastructure items for water supply, heating, gas, electrical or other power or items of 
telecommunications system or other items of  public infrastructure or who obstructs 
their use shall be punished by a fine or a prison term up to two years. 
IP/N/1/MNE/O/8 
 
         - 126 -  (2) Where the offence under para. 1 above resulted in significant disturbance in 
their use, the perpetrator shall be punished by a prison term from three months to five 
years. 
 (3) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to six months. 
 (4) Where the offence under para. 2 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to two years. 
  
Causing Danger by Omission to Ensure Protection Measures at Work 
 
Article 329 
 (1) Anyone who in mines, factories, workshops, in construction sites or in some 
other work place, damages or removes safety equipment and thereby causes danger to 
life or body of people or to property the value of which exceeds twenty thousand euros 
shall be punished by a prison term from six months to five years. 
 (2) The punishment under para. 1 above shall also apply to a responsible officer 
in a mine, factory, workshop, at a construction site or in some other work place who 
omits to install safety equipment or does not maintain them at functioning level, or 
omits to put it in use if need be, or omits to observe occupational health regulations or 
technical standards and thereby causes danger to life and body of people or property the 
value of which exceeds twenty thousand euros. 
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished by a prison term up to three years. 
 (4) If a suspended sentence is imposed for an offence under para. 2 above, the 
court may impose an obligation on the perpetrator to ensure safety equipment to be 
installed, maintained or used within the specified time limit. 
 
Irregular and Improper Construction Works 
 
Article 330 
 (1) An officer responsible for designing, managing or executing construction or 
construction works who omits to observe regulations and generally accepted technical 
rules in the performance of such works thereby causing danger to life and body of people 
or property the value of which exceeds twenty thousand euros shall be punished by a 
prison term from six months to five years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to three years. 
 
Damaging Dams and Water Supply Structures 
 
Article 331 
IP/N/1/MNE/O/8 
 
         - 127 -  (1) Anyone who damages or makes useless a dam or other water supply structure 
or device fo r the protection against natural disasters shall be punished by a fine or a 
pris
on term up to one year. 
 (2) Where the offence under para. 1 above was committed against a facility or a 
device of great significance, the perpetrator shall be punished by a prison term from six 
months to five years. 
 (3) Where the offence under para. 2 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to three years. 
 
Destroying, Damaging or Removing Danger 
Warning Signs 
 
Article 332 
 (1) Anyone who damages, destroys or removes a danger warning sing of any kind 
shall be punished by a fine or a prison term up to two years. 
 (2) The punishment under para. 1 above shall also apply to anyone destroying, 
damaging or removing a traffic device, means, sign or signalling device or defensive 
railing serving traffic safety. 
 
Abuse of Telecommunication Signals 
 
Article 333 
 (1 )
 Anyone who abuses or unnecessarily sends either an internationally agreed 
signal for call for help or a danger warning signal, or who deceives others by using a 
telecommunication no danger signal, or who a buses an internationally agreed 
comm
unication signal shall be punished by a prison term up to three years.  
 (2) Where the offence under para. 1 above resulted in danger to life or a property 
the value of which exceeds twenty thousand euros, the perpetrator shall be punished by a 
prison term from six months to five years. 
 
Omission to Eliminate Danger 
 
Article 334 
 (1) Anyone who omits to report to a competent authority or other competent 
entity a fire, flood, an explosion, a traffic accident or some other danger to life or body of 
people or property the value of which exceeds twenty thousand euros, or who does not 
take measures for removing that danger, even though he could have done it without any 
danger to himself or another shall be punished by a fine or a prison term up to one year. 
 (2) Anyone who prevents another person from taking measures for eliminating 
fire, flood, explosion, traffic accident or other danger to life or body of people or a 
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         - 128 - property the value of which exceeds twenty thousand euros shall be punished by a prison 
term up to three years. 
 
Unauthorized Handling of Explosives and 
Inflammable Materials 
 
Article 335 
 (1) Anyone who, in breach of regulations, stores, possesses, transports or hands 
over for transport by a means of public transport explosive or easily inflammable 
material or transports such material by himself using a public transport means shall be 
punished by a fine or a prison term up to one year. 
 (2) The punishment under para. 1 above shall also apply to anyone who 
unlawfully brings explosive or easily inflammable material into a premise or some other 
facility where a large number of people gather or who brings such material into a place 
where a large number of people has gathered or will gather. 
 (3) Anyone who brings into a pit with methane or other inflammable gas or 
dangerous carbon dust or brings into a facility at an oil or gas field or tries to bring easily 
inflammable substance or other goods whose bringing into such a pit or facility is 
forbidden shall be punished by a prison term from three months to three years. 
 (4) The punishment under para. 3 above shall also apply to anyone who omits to 
comply with the required protection measures when entering a storehouse, depot or 
other room storing explosive material. 
 (5) Where the offence under paras 3 and 4 above was committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to one year. 
 
Unlawful Acquisition and Disposal of 
Nuclear Substances 
 
Article 336 
 Anyone who unlawfully acquires, possesses, uses, transports, hands over to 
another person nuclear substances or who makes it possible for another to acquire them 
shall be punished by a prison term up to three years. 
 
Endangering Safety with Nuclear Substances 
 
Article 337 
 (1) Anyone who threats to use a nuclear substance to endanger the safety of 
humans shall be punished by a prison term from six months to five years. 
 (2) Where the offence under para. 1 above was committed with the intention to 
force another person to act or refrain from acting, the perpetrator shall be punished by a 
prison term from one to eight years. 
IP/N/1/MNE/O/8 
 
         - 129 -  (3) Where a perpetrator of the offences under paras 1 and 2 above realized his 
threat thus inflicting a serious bodily injury causing damage to a property exceeding 
forty thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
 (4) Where a perpetrator of the offences under paras 1 and 2 above realized his 
threat thus causing the death of one or more persons, the perpetrator shall be punished 
by a prison term from three to fifteen years. 
 
Grave Offences against General Safety 
 
Article 338 
 (1)  Where the offences under Articles 327 paras 1 to 3, 328 paras 1 and 2, 329 
paras 1 and 2, 330 para. 1 and 333 hereof resulted in serious bodily injury of another 
person or damage exceeding forty thousand euros, the perpetrator shall be punished by a 
prison term from one to eight years. 
 (2) Where the offences under Articles 327 paras 1 to 3, 328 paras 1 and 2, 329 
paras 1 and 2, 330 para. 1 and 333 hereof resulted in the death of one or more persons, 
the perpetrator shall be punished by a prison term from two to twelve years. 
 (3) Where the offences under Articles 327 para. 4, 328 paras 3 and 4, 329 para. 3 
and 330 para. 2 hereof resulted in serious bodily injury of another person or damage 
exceeding forty thousand euros, the perpetrator shall be punished by a prison term up to 
four years. 
 (4) Where the offences under Articles 327 para. 4, 328 paras 3 and 4, 329 para. 3 
and 330 para. 2 hereof resulted in the death of one or more persons, the perpetrator 
shall be punished by a prison term from one to eight years. 
 
 
TITLE TWENTYWSEVEN 
CRIMINAL OFFENCES AGAINST 
PUBLIC TRAFFIC SAFETY 
 
Endangering Public Traffic 
 
Article 339 
 (1) A road traffic participant who omits to observe traffic safety regulations 
thereby endangering public traffic to an extent that endangers life or body of people or 
property the value of which exceeds twenty thousand euros and who causes a light bodily 
injury to another person or damage exceeding three thousand euros shall be punished by 
a fine or a prison term up to three years. 
 (2) Anyone who omits to observe traffic safety regulations thereby endangering 
railroad, ship, bus, or cable railway traffic to an extent that endangers life and body of 
IP/N/1/MNE/O/8 
 
         - 130 - people or property the value of which exceeds twenty thousand euros shall be punished 
by a prison term from six months to six years. 
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to one year. 
 
Endangering Traffic Safety by Dangerous 
Acts or Means 
 
Article 340 
 (1) Anyone who destroys, removes or severely damages traffic installations, 
instruments, signalling markings or devices, or road safety rails, or who by giving a 
wrong signal or sign, or by setting up blocking instruments on the road or otherwise 
endangers public traffic to an extent that endangers life and body of people or property 
the value of which exceeds twenty thousand euros shall be punished by a prison term up 
to three years. 
 (2) Anyone who commits the acts referred to in para. 1 above and endangers 
railroad, ship, bus traffic or cable railway and thereby imperils life and body of people or 
property the value of which exceeds twenty thousand euros shall be punished by a prison 
term from six months to five years. 
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to one year.  
 
Endangering Air Traffic Safety 
 
Article 341 
 (1) Anyone who manages the flight of an aircraft in breach of rules and 
regulations, omits to discharge his duties or supervision obligations in relation to air 
traffic safety, or provides wrong information relevant to flight and aircraft safety, or 
otherwise endangers air traffic safety shall be punished by a prison term from one to six 
years. 
 (2) Where the offence under para. 1 above was committed by negligence or by 
destroying or damaging navigation devices or inflicting other damage to the aircraft by 
negligence, the perpetrator shall be punished by a prison term from three months to 
three years. 
 
Endangering Safety of Air and Maritime Traffic or of Fixed Platform 
 
Article 342 
 (1) Anyone who uses violence against persons on an aircraft, ship or fixed 
platform in the epicontinental shelf, or who endangers the safety of air traffic, maritime 
navigation or a fixed platform by setting up or bringing into an aircraft, ship or fixed 
platform explosive or other dangerous devices or substances, or who destroys, damages 
IP/N/1/MNE/O/8 
 
         - 131 - or interferes with navigation devices or causes other damage to the aircraft, ship or fixed 
platform  shall be punished by a prison term from two to ten years. 
 (2) Where the offence under para. 1 above results in serious bodily injury on 
another person or a damage exceeding forty thousand euros, the perpetrator shall be 
punished by a prison term from two to twelve years. 
 (3)  Where the offence under para. 1 above results in the death of one or more 
persons, the perpetrator shall be punished by a prison term from five to fifteen years.   
 
 
Hijack of Aircraft, Ship or Other Means of Transport 
 
Article 343 
 (1) Anyone who uses force or threats of using force to take over the control of an 
aircraft during flight or of a ship or other means of public transport while in motion shall 
be punished by a prison term from two to ten years. 
(2) Anyone who commits the offence under para. 1 above against a fixed platform 
in the epicontinental shelf shall be punished by a prison term from one to eight years. 
 (3) Where the offence under paras 1 and 2 above resulted in a serious bodily 
injury of another person or damage exceeding forty thousand euros, the perpetrator shall 
be punished by a prison term from two to twelve years. 
 (4) Where the offence under paras 1 and 2 above resulted in the death of one or 
more persons, the perpetrator shall be punished by a prison term from five to fifteen 
years.  
 
Omission to Provide Assistance to Ship or Other Vessel or 
to Persons in Danger at Sea or in Inland Waters 
 
Article 344 
 (1) A commander of a ship, boat or other vessel who takes part in navigation 
activities, a person who acts on his behalf, or a person who navigates one of the above 
vessels on his own, who, in breach of regulations, does not come to rescue, at sea or in 
inland waters,  of a ship, boat or other vessel, of persons or goods in peril, where he could 
have undertaken saving operations without any risk for his ship, boat or other vessel 
shall be punished by a prison term from three months to three years. 
 (2) A person referred to in para. 1 above who, in breach of regulations, does not 
remove from the navigable way in inland waters a vessel with which the vessel he is in 
command of or which he navigates collided, where he could have done so without any 
risk for that vessel, shall be punished by a prison term up to three years. 
 
Piracy 
 
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         - 132 - Article 345 
 (1)  A crew member or passenger of a private ship or private aircraft who at open 
sea or any place which is not under jurisdiction of any state commits an act of violence or 
assault and robbery to persons on another ship or aircraft or who arrests, hijacks, 
damages or destroys another ship or aircraft or goods placed on it, or causes damage 
exceeding forty thousand euros shall be punished by a prison term from three to fifteen 
years. 
 (2) Where as a result of the offence under para. 1 above one or more persons died, 
the perpetrator shall be punished by a prison term from five to fifteen years.  
 (3) Where the offence under paras 1 and 2 above was committed by a member of 
the crew or a passenger on a war or other state-owned ship or military or other state-
owned aircraft whose crew has risen to arms or taken over the control of the ship or 
aircraft shall be punished by the punishment prescribed for that offence. 
 
Malpractice in Supervision of Public Traffic 
 
Article 346 
 (1) Where a public official or a responsible officer who is entrusted with 
supervision and maintenance of roads and pertaining facilities, means of transport, or 
public transport, as well as with supervision of compliance with respect to work 
conditions for drivers, or who is entrusted with driving management and control 
operations, improperly conducts his duty thus endangering life or body of people of 
property the value of which exceeds twenty thousand euros shall be punished by a prison 
term from six months to five years. 
 (2) The punishment under para. 1 above shall also apply to a responsible officer 
who issues a driving order or allows one to drive even though he knows that due to 
fatigue, use of alcohol or for other reasons the driver is not capable of safely steering the 
vehicle or that the vehicle is not functioning properly, whereby the life and body of 
people or property the value of which exceeds twenty thousand euros are endangered. 
 (3) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a prison term up to three years.  
 
Omission to Provide Assistance to a Person Injured in Traffic Accident 
 
Article 347 
 (1) A driver of a motor vehicle or other means of transport who leaves helpless a 
person who was hurt by that means of transport or whose injury was caused by that 
means shall be punished by a fine or a prison term up to two years. 
 (2) Where omission to provide assistance resulted in a serious bodily injury, the 
perpetrator shall be punished by a fine or a prison term up to three years. 
 (3) Where omission to provide assistance resulted in the death of the injured 
person, the perpetrator shall be punished by a prison term from three months to four 
years. 
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         - 133 -  
Grave Offences against Public Traffic Safety 
 
Article 348 
 (1) Where the offences under Articles 339 paras 1 and 2, 340 paras 1 and 2, 341 
para. 1, 344 and 346 paras 1 and 2 hereof resulted in a serious bodily injury of another 
person or damage exceeding forty thousand euros, the perpetrator shall be punished by a 
prison term from one to eight years. 
 (2) Where the offences under Articles 339 paras 1 and 2, 340 paras 1 and 2, 341 
para. 1, 344 and 346 paras 1 and 2 hereof resulted in the death of one or more persons, 
the perpetrator shall be punished by a prison term from two to twelve years. 
 (3) Where the offences under Articles 339 para. 3, 340 para. 3, 341 para. 2 and 
346 para. 3 hereof resulted in a serious bodily injury of another person or a damaged 
exceeding forty thousand euros, the perpetrator shall be punished by a prison term up to 
four years. 
 (4) Where the offences under Articles 339 para. 3, 340 para. 3, 341 para. 2 and 
346 para. 3 hereof resulted in the death of one or more persons, the perpetrator shall be 
punished by a prison term from one to eight years. 
 
 
TITLE TWENTYWEIGHT 
CRIMINAL OFFENCES AGAINST 
SAFETY OF COMPUTER DATA 
 
Damaging Computer Data and Programs 
 
Article 349 
 (1) Anyone who without authorization deletes, alters, damages, conceals or 
otherwise makes useless computer data or program shall be punished by a fine or a 
prison term up to one year. 
 (2) Where the offence under para. 1 above results in damage exceeding three 
thousand euros, the perpetrator shall be punished by a prison term from three months to 
three years. 
 (3) Where the offence under para. 1 above results in damage exceeding thirty 
thousand euros, the perpetrator shall be punished by a prison term from three months to 
five years. 
 (4) The devices and m eans used for the commission of the criminal offences 
un
der paras 1, 2 and 3 above shall be confiscated provided that they are owned by the 
perpetrator. 
 
Com p
uter System Interference 
IP/N/1/MNE/O/8 
 
         - 134 -  
Article 350 
 
(1) Anyone who enters, destroys, deletes, alters, damages, conceals or otherwise 
makes useless computer data or computer system with the intention to obstruct the 
operations of a computer system shall be punished by a fine or a prison term up to three 
years. 
 
(2) Where the offence under para. 1 above was committed against data and 
programs that are significant for state authorities, public services, institutions, business 
organizations or other entities, the offence shall be punished by a prison term from one 
to eight years. 
 
(3) The devices and means used to commit the criminal offences under paras 1 
and 2 above sha ll be confiscated provided that they are owned by the p erpetrator. 
 
Producing and Entering Computer Viruses 
 
Arti
cle 351 
 (1) Anyone who makes a computer virus with the intention of entering it into a 
computer system of another person shall be punished by a fine or a prison term up to 
one year. 
 (2) Where the perpetrator entered a computer virus into a computer system of 
another person and thereby caused damage, he shall be punished by a fine or a prison 
term up to two years. 
 (3) The device and means used for commission of the criminal offences under 
paras 1 and 2 above shall be confiscated. 
 
Computer Fraud 
 
Article 352 
 (1) Anyone who enters, alters, erases, omits to enter correct data or otherwise 
conceals or misrepresents a piece of computer data or otherwise interferes with the 
functioning of a computer system and thereby influences the result of electronic 
processing, transfer of data and functioning of a computer system with the intention of 
obtaining illicit pecuniary gain for himself or for another person and thereby causes 
property damage to another person shall be punished by a prison term from six months 
to five years. 
 (2) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
three thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
 (3) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
thirty thousand euros, the perpetrator shall be punished by a prison term from two to 
twelve years. 
IP/N/1/MNE/O/8 
 
         - 135 -  (4) Where the offence under para. 1 above was committed with the sole purpose 
of causing damage to another person, the perpetrator shall be punished by a fine or a 
prison term up to two years. 
 
Unauthorized Access to Computer System 
 
Article 353 
 
(1) Anyone who, without authorization, makes access to the entire computer 
system or part thereof  shall be punished by a fine or a prison term up to one year. 
 
(2) Where the perpetrator committed the offence under para. 1 above by violating 
the measures for computer system protection, he shall be punished by a fine or a prison 
term up to three years. 
 
(3) The punishment under para. 2 above shall also apply to anyone who, without 
authorization, intercepts computer data which are not public, irrespective of the method 
of their transfer, during their transfer to a computer system, from it or within the system 
itself, including electromagnetic emission. 
 
(4) Whoever uses the data obtained in the manner referred to in paras 1, 2 and 3 
above shall be punished by a fine or a prison term up to three years. 
 
(5) Where the offence under para. 4 above resulted in grave consequences for 
another person, the perpetrator shall be punished by a prison term from six months to 
five years. 
 
Misuse of Devices and Programs 
 
Article 354 
 
(1) Whoever produces, sells, procures for use, imports, distributes and otherwise 
places at disposal: 
 1) devices and computer programs designed or adapted primarily for the 
purposes of commission of the offences under Articles 349 to 353 hereof, 
 2) computer codes or similar data through which one can access the entire 
computer system or parts thereof with the intention of using it for the purpose of 
committing the offences under Articles 349 to 353 hereof shall be punished by a 
prison term from three months to three years. 
 
(2) Anyone who possesses any of the means under para. 1 above with the 
intention of using them for the purpose of committing any of the offences under Articles 
349 to 353 shall be punished by a fine or a prison term up to one year. 
 
 
 
Unauthorized Access to Protected Computer and Computer Network 
 
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         - 136 - Article 355 
WdeletedW 
   
Prevention and Limitation of Access to Public Computer Networks 
 
Article 356 
WdeletedW 
 
TITLE TWENTYWNINE 
CRIMINAL OFFENCES AGAINST THE CONSTITUTIONAL ORDER AND 
SECURITY OF  MONTENEGRO  
 
Jeopardizing Independence 
 
Article 357 
 Anyone who uses unconstitutional means to attempt to bring Montenegro into 
the position of subordination or dependence in relation to another state shall be 
punished by a prison term from three to fifteen years. 
 
Recognition of Capitulation or Occupation 
 
Article 358 
 A citizen of Montenegro who signs or recognizes capitulation or accepts or 
recognizes occupation of Montenegro or any part thereof shall be punished by a prison 
term not shorter than ten years or a forty year prison term. 
 
Endangering Territorial Integrity 
 
Article 359 
 (1) Anyone who uses force or other unconstitutional means to attempt to secede 
part of the territory of Montenegro or to annex that part of the territory to another state 
shall be punished by a prison term from three to fifteen years. 
  
Attack on Constitutional Order 
 
Article 360 
IP/N/1/MNE/O/8 
 
         - 137 -  Anyone who uses force or a threat of using force to attempt to change the 
constitutional order of Montenegro shall be punished by a prison term from three to 
fifteen years. 
 
Deposing Highest State Authorities 
 
Article 361 
 Anyone who uses force or a threat of using force to attempt to depose any of the 
highest state authorities of Montenegro or representatives thereof shall be punished by a 
prison term from one to eight years. 
 
Calling for Violent Change of Constitutional Order 
 
Article 362 
 (1) Anyone who with the intention to endanger the constitutional order or 
security of Montenegro calls for or incites a forced change of its constitutional order to 
depose the highest state authorities or representatives thereof shall be punished by a 
prison term from three months to five years. 
(2) Anyone who commits the offence under para. 1 above by means of assistance 
from abroad shall be punished by a prison term from one to eight years. 
(3) Anyone who for the purpose of their distribution produces or reproduces 
materials the content of which calls for or incites to commission of offences under para. 1 
above or who directs or transfers to the territory of Montenegro such material, or keeps a 
larger quantity thereof for the purpose of their distribution by himself or by another 
person shall be punished by a prison term from three months to three years. 
 
Assassination of Highest Representatives of Montenegro 
 
Article 363 
 
Anyone who with the intention to jeopardize the constitutional order or security 
of Montenegro takes life of the President of Montenegro, Speaker of the Parliament of 
Montenegro, Prime Minister of Montenegro, President of the Constitutional Court of 
Montenegro, President of the Supreme Court, or the Supreme Public Prosecutor shall be 
punished by a prison term not shorter than ten years or a forty year prison term. 
 
 
Armed Rebellion 
 
Article 364 
 (1) Anyone who participates in an armed rebellion organized for the purpose of 
jeopardizing the constitutional order, security or territorial integrity of Montenegro shall 
be punished by a prison term from three to fifteen years. 
IP/N/1/MNE/O/8 
 
         - 138 -  (2) Anyone who organizes or leads armed rebellion shall be punished by a prison 
term from five to fifteen years. 
 
Terrorism 
 
Article 365 
WdeletedW 
 
Diversion 
 
Article 366 
 Anyone who with the intention to endanger the constitutional order or security of 
Montenegro demolishes, sets on fire or otherwise destroys or damages an industrial, 
agricultural or other industrial facility, means of traffic, device or installation, 
telecommunication system device, water, heat, gas or energy public supply system, dam, 
depot, building or some other facility of greater significance for the security or the supply 
of citizens or for the economy or the functioning of public services shall be punished by a 
prison term from three to fifteen years. 
 
Sabotage 
 
Article 367 
 Anyone who with the intention to endanger the constitutional order or security of 
Montenegro undertakes secret, malicious, and other similar operations in the discharge 
of his official duty or work obligations thereby causing damage exceeding fifteen 
thousand euros to the state authority or organization he is employed with, or to any 
other state authority or organization shall be punished by a prison term from three to 
fifteen years. 
 
Espionage 
 
Article 368 
 (1) Anyone who discloses or hands over or makes available to a foreign state, 
foreign organization or a person in their service classified data or documents shall be 
punished by a prison term from three to fifteen years. 
 (2) Anyone who creates an intelligence service in Montenegro or who manages it 
for a foreign state or organization shall be punished by a prison term from five to fifteen 
years. 
 (3) Anyone who joins a foreign intelligence service, collects data for it or 
otherwise supports its work shall be punished by a prison term from two to ten years. 
IP/N/1/MNE/O/8 
 
         - 139 -  (4) Anyone who obtains classified data or documents with the intention to 
disclose them or deliver them to a foreign state, a foreign organization or a person in 
their service shall be punished by a prison term from one to eight years. 
 (5) Where the offences under paras 1 and 2 above resulted in severe 
consequences for the security, economic or military power of the country, the perpetrator 
shall be punished by a prison term not shorter than ten years. 
 (6) Classified data are considered to be the data marked with one of the following 
levels of confidentiality: ‘top secret’, ‘secret’, ‘confidential’ and ‘restricted’ the disclosure 
of which would cause or could cause detrimental consequences for the security, defense 
or for political or economic interests of Montenegro.  
 
Disclosure of Confidential Data 
 
 
Article 369 
(1) Anyone who, without authorization, discloses, hands over or makes available 
to an unauthorized person confidential data entrusted to him, or data that he obtained in 
some other manner shall be punished by a prison term from one to eight years. 
 
(2) Where the offence under para. 1 above was committed with respect to 
confidential data marked as top secret, or where the offence was committed during a 
state of war, armed conflict or a state of emergency, the perpetrator shall be punished by 
a prison term from three to fifteen years. 
 
(3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished by a prison term from one to six years. 
 
(4) Confidential data are deemed to be the data marked with one of the following 
levels of confidentiality: ‘top secret’, ‘secret’, ‘confidential’ and ‘restricted’  the disclosure 
of which would cause or could cause detrimental consequences for the security, defence 
or for political or economic interests of Montenegro. 
 
(5) Confidential data within the meaning of this Article shall not considered to be 
the data directed at endangering the constitutional order and security of Montenegro, 
gross violations of the fundamental rights of human beings, or the data aimed at 
concealing a committed criminal offence punishable by law by a prison term of five years 
or a more severe punishment.  
 
 
Causing National, Racial and Religious Hatred  
 
Article 370 
(1) Anyone who publicly incites to violence or hatred towards a group or a 
member of a group defined by virtue of race, skin color, religion, origin, national or 
ethnic affiliation shall be punished by a prison term from six months to five years. 
 
(2) The punishment under para. 1 above shall also apply to anyone who publicly 
approves, renounces the existence, or significantly reduces the gravity of criminal 
IP/N/1/MNE/O/8 
 
         - 140 - offences of genocide, crimes against humanity and war crimes committed against a 
group or a member of group by virtue of their race, skin color, religion, origin, national 
or ethnic affiliation in a manner which can lead to violence or cause hatred against a 
group of persons or a member of such group, where such criminal offences have been 
established by a final judgment of a court in Montenegro or of the international criminal 
tribunal. 
 
(3) Where the offence under paras 1 and 2 above was committed by coercion, ill-
treatment, endangering of safety, exposure to mockery of national, ethic or religious 
symbols, by damaging property of another person, by desecration of monuments, 
memorials or tombs, the perpetrator shall be punished by a prison term from one to 
eight years. 
 
(4) Where the offence under paras 1 to 3 above was committed by misuse of office 
or where such offence result in riots, violence or other severe consequences for the joint 
life of nations, national minorities or ethnic groups living in Montenegro, the perpetrator 
shall be punished for the offence under para. 1 above by a prison term from one to eight 
years and for the offence under paras 2 and 3 by a prison term from two to ten years. 
 
Violation of Territorial Sovereignty 
 
Article 371 
 Anyone who, in breach of the rules of international law, breaks through the 
territory of Montenegro shall be punished by a prison term from one to eight years. 
 
Association for Activities against Constitution 
 
Article 372 
 (1) Anyone who establishes a group or any other association in view of 
committing criminal offences under Articles 357 to 363, Articles 365 to 367 hereof shall 
be punished by the punishment provided for the offence for the commission of which the 
association was organized. 
 (2) The punishment under para. 1 above shall also apply to anyone conspires with 
another person to commit any of the offences under para. 1 above, but a lighter 
punishment may also apply. 
 (3) Anyone who becomes a member of the association referred to in para. 1 above 
shall be punished by a prison term from six months to five years. 
(4) Anyone who committed the offence under para. 1 above and then revealed or 
otherwise prevented the commission of the criminal offence under para. 1 above shall be 
punished by a prison term up to three years, but punishment may also be remitted. 
(5) A member of the association referred to in para. 3 above who reveals the 
existence of an association before committing a criminal offence under para. 1 above as 
its member or on behalf of it shall be punished by a prison term up to one year, but 
punishment may also be remitted. 
IP/N/1/MNE/O/8 
 
         - 141 -  
Preparing Acts against the Constitutional Order and 
Security of Montenegro  
 
Article 373 
 (1) Anyone who prepares the commission of criminal offences under Articles 357 
to 367 and Art.368 paras 1 and 2 hereof shall be punished by a prison term from one to 
five years. 
 (2) Anyone who directs of sends to the territory of Montenegro persons or arms, 
explosive, poisons, equipment, ammunition or other material in view of committing one 
or more criminal offences under this Chapter shall be punished by a prison term from 
two to ten years. 
 (3) The preparatory actions referred to in para. 1 above consist of acquiring or 
rendering usable the means for commission of a criminal offence, removing obstacles for 
commission of a criminal offence, arranging, planning or organizing with another person 
the commission of a criminal offence or of other activities taken for the purpose of 
creating conditions for the immediate commission of a criminal offence. 
 
Serious Offences against Constitutional Order and Security of Montenegro  
 
Article 374 
 (1) Where the criminal offences under Articles 359 to 361 and Articles 364 to 367 
hereof resulted in the death of one or more persons, danger to life of humans, brutal 
violence or widespread devastation or danger to the security of economic or military 
power of the country, the perpetrator shall be punished by a prison term not shorter than 
ten years. 
 (2) Where during the commission of the offence under para. 1 above the 
perpetrator took life of one or more persons with wrongful intent, he shall be punished 
by a
 prison term not shorter than ten years or a forty year prison term. 
 (3) The punishment under para. 2 above shall also appl y to anyone who commits 
the criminal offences under Art. 357, Articles 359 to 362, Articles 364 to 368, Articles 
372 and 373 para. 2 hereof in a state of war, armed conflict or state of emergency. 
  
TITLE THIRTY 
CRIMINAL OFFENCES AGAINST STATE AUTHORITIES 
 
Prevention of Public Officials from Performing Official Acts  
 
Article 375 
 (1) Anyone who uses force or threats of directly using force to prevent a public 
official from performing an official act undertaken within the limits of his powers, or 
IP/N/1/MNE/O/8 
 
         - 142 - forces him in the same manner into performance of an official act shall be punished by a 
prison term from three months to three years. 
 (2) Where during the commission of the offence under para. 1 above the 
perpetrator insults or ill-treats a public official or inflicts a light bodily injury or 
threatens to use weapons, the perpetrator shall be punished by a prison term from three 
months to three years. 
 (3) Anyone who commits the offence under paras 1 and 2 above against a judge or 
a public prosecutor in performance of their judicial and prosecutorial duties respectively 
or against a public official in his discharge of public or state security affairs, preserving 
public law and order, preventing and detecting criminal offences, capturing perpetrators 
or keeping persons deprived of liberty in custody shall be punished by a prison term 
from six months to five years. 
 (4) An attempt of any of the offences under paras 1 and 2 above shall be subject to 
punishment. 
 (5) Punishment may be remitted where a perpetrator of the criminal offences 
under paras 1 to 3 above was provoked by a public official’s unlawful or rude action. 
 
Attack on Public Official in Discharge of Official Duty 
 
Article 376 
 (1) Anyone who attacks or threatens to attack a public official in the discharge of 
his official duty shall be punished by a prison term up to three years. 
 (2) Where the offences under para. 1 above resulted in a light bodily injury of the 
public official or threats by use of weapons, the perpetrator shall be punished by a prison 
term from three months to five years. 
 (3) Where the criminal offence under paras 1 and 2 above was committed against 
a judge or a public prosecutor in relation to their judicial or prosecutorial duty 
respectively or to a public official in the discharge of his public or state security duties, 
the perpetrator shall be punished by a prison term from six months to five years. 
 (4) An attempt of the offence under para. 1 above shall be subject to punishment. 
 (5) Punishment may be remitted where a perpetrator of the offences under paras 
1 to 3 above was provoked by a public official’s unlawful or rude actions. 
 
Participation in Group Preventing Public Official from 
Performing Official Acts 
 
Article 377 
 (1) Anyone who is a part of group which acts in conspiracy to prevent a public 
official from performing an official act or forcing a public official in the manner 
described above into performance of an official act shall be punished for participation 
itself by a prison term up to two years. 
 (2) An attempted offence shall be subject to punishment.  
IP/N/1/MNE/O/8 
 
         - 143 -  (3) The mastermind of a group committing the offence under para. 1 above shall 
be punished by a prison term from six months to five years. 
 
Calling for Resistance 
 
Article 378 
 (1) Anyone who calls for resistance or disobedience to lawful decisions or 
measures of state authorities or to a public official in performing his official act shall be 
punished by a prison term up to three years. 
 (2) Where the offence under para. 1 above resulted in non-enforcement or  
considerable difficulties in the enforcement of lawful decisions or measures of state 
authorities, the perpetrator shall be punished by a prison term from six months to five 
years. 
 
Omission to Obey Orders to Break Up 
 
Article 379 
 (1) Anyone who omits to part from a group of people that an authorized public 
official or an authorized military person has asked to break up in circumstances 
threatening public order shall be punished by a fine or a prison term up to  three months. 
 (2) The mastermind of the group which committed the offence under para. 1 
above shall be punished by a fine or a prison term up to two years. 
 
Omission to Take Part in Efforts to Eliminate Public Danger 
 
Article 380 
 Anyone who, in breach of an order of a competent authority or other competent 
entity, without a justified reason refuses to participate in eliminating the danger caused 
by fire, flood, earthquake or other fatal accident shall be punished by a fine or a prison 
term up to three months. 
 
Removal and Breaking of Official Seals and Signs 
 
Article 381 
(1) Anyone who removes or breaks an official seal or a sign that an authorized 
public official placed on an object or premises for security reasons or who without 
removing or breaking a seal or sign enters such premises or opens an object with an 
official seal or sign on it shall be punished by a fine or a prison term up to one year. 
 (2) An attempted offence shall be subject to punishment. 
 
IP/N/1/MNE/O/8 
 
         - 144 - Misappropriation and Destruction of Official Seals and Files 
 
Article 382 
 (1) Anyone who unlawfully takes, conceals, destroys, damages or otherwise 
makes useless an official seal, register, file or document owned by a state authority, 
business organisation, institution or other entity which exercises public powers or held 
by them shall be punished by a a prison term up to three years. 
 (2) An attempted offence shall be subject to punishment. 
 
False Personation 
 
Article 383 
 (1) Anyone who with the intention of obtaining for himself or another person 
undue advantage or causing damage to another person falsely assumes the identity of a 
public official or a military person or who wears any signs of a public official or a military 
person without authorization shall be punished by a fine or a prison term up to one year. 
 (2) The punishment under para. 1 above shall also apply to anyone who performs 
an act that is under exclusive authority of a specific public official or military person.  
 
SelfWhelp 
 
Article 384 
 (1) Anyone who acquires his right or a right he believes he is entitled to without 
recourse to legal proceedings shall be punished by a fine or a prison term up to six 
months. 
 (2) Where the offence under para. 1 above was committed by use of force or 
threat, the perpetrator shall be punished by a prison term from three months to three 
years. 
 (3) Where the offence under para. 1 above was committed by a threat, murder or 
a serious bodily injury, the perpetrator shall be punished by a prison term from six 
months to five years. 
 (4) Anyone who commits the offence under paras 1 to 3 above for another person 
shall be punished by the punishment laid down for that offence. 
 (5) Where the offence under paras 1 and 4 in conjunction with para. 1 above was 
committed against citizens, prosecution shall be initiated by a private charge. 
 
 
TITLE THIRTYWONE 
CRIMINAL OFFENCES AGAINST JUDICIARY 
 
IP/N/1/MNE/O/8 
 
         - 145 - Omission to Report Preparation of Criminal Offence 
 
Article 385 
 (1) Anyone who had knowledge that preparation was underway for commission of 
a criminal offence punishable by law by a prison term of five years or longer, but omitted 
to report it at a time such an offence could have still been prevented, and the offence was 
eventually attempted or committed shall be punished by a fine or a prison term up to one 
year. 
 (2) For omission to report the preparation of a criminal offence punishable by 
law by a forty year prison term, the perpetrator shall be punished by a prison term from 
three months to three years. 
 (3) Persons to whom the perpetrator is a spouse, a partner in a durable 
customary marriage, direct blood relative, brother or sister, adoptive parent or adopted 
child, as well as a spouse of one of the above mentioned persons, or a person living with 
one of such persons in a durable customary marriage shall not be punished for the 
offence under para. 1 above. 
 
Omission to Report Criminal Offences and Perpetrators 
 
Article 386 
 (1) Anyone who knows that a person has committed a criminal offence 
punishable by law by a forty year prison term or who knows that such a criminal offence 
has been committed but omits to report it before such criminal offence and the 
perpetrator are detected shall be punished by a prison term up to two years. 
 (2) The punishment under para. 1 above shall also apply to a public official or 
responsible officer who knowingly omits to report the crime he has been informed about 
in the performance of his official duty, where the criminal offence is punishable by law by 
a prison term of five years or longer. 
 (3) The punishment for omission to report the crime or perpetrator referred to in 
paras 1 and 2 above shall not apply to persons to whom the perpetrator is a spouse or a 
partner in a durable customary marriage, direct blood relative, brother or sister, adoptive 
parent or adopted child, or a spouse to one of the above mentioned persons or a person 
living with one of such persons in a durable customary marriage, or a defence counsel, 
doctor or religious confessor of the perpetrator. 
 
Assistance to Perpetrator after Commission of Criminal Offence 
 
Article 387 
 (1) Anyone who conceals a perpetrator or assists a perpetrator by hiding the 
means or traces of a criminal offence, or otherwise assists him to avoid detection, and 
who conceals a convicted person or takes any other measures with the intention to avoid 
the enforcement of an imposed punishment, a security measure, or placement with a 
IP/N/1/MNE/O/8 
 
         - 146 - community-based correctional institution or correctional home shall be punished by a 
fine or a prison term up to two years. 
 (2) Anyone who assists a perpetrator of an offence punishable under law by a 
prison term exceeding five years shall be punished by a prison term from three months 
to five years. 
 (3) Anyone who assists a perpetrator of an offence punishable under law by a 
forty year prison term shall be punished by a prison term from one to eight years. 
 (4) The punishment imposed for the criminal offence under para. 1 above shall 
not be more severe in terms of its type or duration than the punishment prescribed for 
the criminal offence committed by the person who has been provided assistance. 
 (5) The punishment for the offences under paras 1 to 3 above shall not apply to 
the persons to whom the perpetrator is a spouse or a partner in a durable customary 
marriage, direct blood relative, brother or sister, adoptive parent or adopted child, or a 
spouse to one of the above mentioned persons, or a person living with one of such 
persons in a durable customary marriage. 
 
Fraudulent Crime Reporting 
 
Article 388 
 (1) Anyone who reports a person to have committed a criminal offence 
prosecuted  ex officio  knowing that person is not the perpetrator of that crime shall be 
punished by a prison term from three months to three years. 
 (2) The punishment under para. 1 above shall also apply to anyone who plants 
traces of a criminal offence or otherwise causes criminal proceedings to be initiated for a 
criminal offence prosecuted ex officio  against a person who he knows is not the 
perpetrator of that criminal offence.  
 (3) Anyone who reports himself for having committed a criminal offence 
prosecuted ex officio knowing he has not committed such a criminal offence shall be 
punished by a fine or a prison term up to one year. 
 (4) The punishment under para. 3 above shall also apply to anyone who reports 
that a criminal offence prosecuted ex officio  has been committed knowing that no such 
crime has been committed. 
 
Giving a False Testimony 
 
Article 389 
 (1) A witness, expert witness, translator or interpreter who gives a false testimony 
before the court in a disciplinary, misdemeanor or administrative procedure or any other 
procedure laid down by law shall be punished by a prison term up to three years. 
 (2) The punishment under para. 1 above shall also apply to a party who in the 
course of presentation of evidence by hearing parties in a court or administrative 
procedure gives a false testimony, when such a testimony serves as grounds for the 
decision passed in that procedure. 
IP/N/1/MNE/O/8 
 
         - 147 -  (3) Where a false testimony was given in criminal proceedings, the perpetrator 
giving such a testimony shall be punished by a prison term from three months to five 
years. 
 (4) Where the offence under para. 3 above resulted in particularly grave 
consequences for the accused, the perpetrator shall be punished by a prison term from 
one year to eight years. 
 (5) If the perpetrator revokes the false testimony of his own free will before the 
final decision is passed, he shall be punished by a fine or a prison term up to three 
months, and punishment may also be remitted. 
 
Interference in Production of Evidence 
 
Article 390 
 (1) Anyone who gives, offers or promises a gift or other undue advantage to a 
witness or expert witness or other participant before a court or other state authority or  
who uses force or threat against him in order for that person to affect the outcome of the 
proceedings by giving false testimony or by refraining from giving a testimony shall be 
punished by a prison term from six months to five years.  
       (2) Anyone who with the intention to prevent or impede production of evidence 
con
ceals, destroys, damages, or makes unusable in whole or in part someone else’s 
document or other objects which serve as evidence shall be punished by a fine or a prison 
term up to one year.  
        (3) The punishment under para. 2 above shall also apply to anyone who with the 
intention referred to in para. 2 hereof removes, destroys, damages, moves or relocates a 
borderline stone, land registry mark or any other mark indicating ownership of real 
estate or right to the use of water, or a person who fraudulently places such a mark with 
the same intention. 
 
Violation of Confidentiality of Procedure 
 
Article 391 
 (1) Anyone who, without authorization, discloses information obtained in a court, 
misdemeanor, administrative or other legally defined procedure, where such information 
may not be publicized under law or where it has been declared secret by the decision of a 
court or other competent authority shall be punished by a fine or a prison term up to one 
year.  
 (2) The punishment under para. 1 above shall also apply to anyone who, without 
the permission of the court, publicizes the course of the criminal proceedings conducted 
against juveniles or the decision passed in such a procedure or who publicizes the name 
of a juvenile who is being prosecuted or the data revealing the identity of the juvenile.   
(3) Anyone who, without authorization, discloses identity data or personal data of 
the person protected in a criminal proceeding or under a special protection program 
shall be punished by a prison term up to three years. 
 
IP/N/1/MNE/O/8 
 
         - 148 - (4) Where the offence under para. 3 resulted in grave consequences for the 
protected person or prevention or serious complications in the criminal proceeding, the 
perpetrator shall be punished by a prison term from six months to five years. 
 
Riot of Persons Deprived of Liberty 
 
Article 392 
 (1) Where persons who are deprived of their liberty by law gather with the 
intention to free themselves by force, or to jointly attack persons entrusted with the duty 
to guard them, or force such guards by using violence or threat of using immediate 
violence to act or refrain from acting in breach of their duty, they shall be punished by a 
prison term up to three years. 
 (2) The perpetrator referred to in para. 1 above who used force or threat shall be 
punished by a prison term from six months to five years. 
 
Escape of Persons Deprived of Liberty 
 
Article 393 
 Where a person who is deprived of liberty by law uses violence against another 
person or threats of directly attacking life and body of another person escapes, he shall 
be punished by a prison term from three months to five years. 
 
Enabling Escape of Persons Deprived of Liberty 
 
Article 394 
 (1) Anyone who uses force, threat, deception or otherwise enables the escape of a 
person deprived of his liberty by law shall be punished by a prison term from three 
months to five years. 
 (2) Where the offence under para. 1 above was committed jointly by several 
persons or where escape of several persons was enabled, the perpetrator shall be 
punished by a prison term from one to eight years. 
 
Omission to Enforce a Judicial Decision 
 
Article 395 
 (1) A public official or a responsible officer who refuses to enforce a final and 
enforceable judicial decision shall be punished by a fine or a prison term up to two years.  
 (2) If the person referred to in para. 1 above enforces a final and enforceable 
jud
icial decision, prosecution shall not be instituted, and if instituted, it shall be 
suspended.  
IP/N/1/MNE/O/8 
 
         - 149 -  
Unlawful Enabling Another to Engage in Profession, 
Perform an Office, Duty, Affairs and Activities 
 
Article 396 
 Anyone who enables another person to engage in a profession, perform an office, 
duty, affairs or activities knowing that such performance is prohibited to that person 
under a final decision imposing an appropriate security measure or protective measure 
or that such disqualification took effect as a legal consequence of conviction shall be 
punished by a fine or a prison term up to two years. 
 
Unlicensed Practice of Law 
 
Article 397 
 Anyone who without required professional qualifications provides legal 
assistance for a fee shall be punished by a fine or a prison term up to two years. 
 
TITLE THIRTYWTWO 
CRIMINAL OFFENCES AGAINST PUBLIC LAW AND ORDER 
 
Causing Panic and Disorder 
 
Article 398 
 (1) Anyone who by disclosing or spreading false news or allegations causes panic 
or seriously disrupts public law and order, thwarts or hampers the enforcement of 
decisions and measures of state authorities or organizations exercising public powers 
shall be punished by a fine or a prison term up to one year. 
 (2) Where the offence under para. 1 above was committed through media or other 
means of public information or other similar means or at a public meeting, the 
perpetrator shall be punished by a prison term up to three years. 
 
Violent Behaviour 
 
Article 399  
            
 Anyone who, by rude insults or illtreatment of other persons, by acts of violence 
ove
r another person or by causing an affray, or by rude and arrogant conduct endangers 
the peace of citizens or disturbs public law and order, where such acts are committed by 
IP/N/1/MNE/O/8 
 
         - 150 - a group, or where they resulted in light bodily injury or grave degradation of citizens 
shall be punished by a prison term from three months to five years.  
 
Conspiracy to Commit a Crime 
 
Art
icle 400 
 Anyone who conspires with another to commit a criminal offence punishable by  
a prison term of five years or longer shall be punished by a fine or a prison term up to 
one year. 
 
Criminal Association 
 
Article 401 
 (1) Anyone who organizes a group or other association with a view to commit 
criminal offences punishable by a prison term of one year or longer shall be punished by 
a prison term up to three years. 
 (2) Where the offence under para. 1 above refers to an association that aims to 
commit criminal offences punishable by a prison term of five years or longer, the 
mastermind of the association shall be punished by a prison term from one to eight 
years, and a member of the association by a prison term up to two years. 
 (3) Where the offence under para. 1 above refers to an association that aims to 
commit criminal offences punishable by a fifteen year prison term, the mastermind of 
the association shall be punished by a prison term from two to twelve years, and a 
member of the association by a prison term up to three years.  
 (4 )
 Where the offence under para. 1 above refers to an association that aims to 
commit criminal offences punishable by a twenty year prison term or a forty year prison 
term, the mastermind of the association shall be punished by a prison term not sho rter 
than
 ten years or a thirty year prison term, and a member of the association by a prison 
term from six months to five years. 
 (5) The mastermind of the association referred to in paras 1 to 4 above who  
reveals the association or otherwise prevents the commission of criminal offences for 
which the association was founded shall be punished by a prison term up to three years, 
and his punishment may also be remitted. 
 (6) Punishment may also be remitted where a member of the association referred 
to in paras 2, 3 and 4 above reveals the association and contributes to its revelation. 
(7) The organizer and a member of the association who commits a criminal 
offence as a member of association shall be punished for that criminal offence as well. 
 
 
Establishment of Criminal Organization 
 
Article 401a 
IP/N/1/MNE/O/8 
 
         - 151 -  (1) Whoever organizes a criminal organization aimed at committing criminal 
offences punishable by law by a prison term of four years or a more severe punishment 
shall be punished by a prison term from three to fifteen years. 
 
(2) A member of the criminal organization referred to in para. 1 above shall be 
punished by a prison term from one to eight years. 
 
(3) The mastermind of a criminal organization who prevents the commission of 
criminal offences for the purpose of which the organization was created by revealing the 
criminal organization or otherwise shall be punished by a prison term from three months 
to three years and his punishment may also be remitted. 
 
(4) A member of a criminal organization who reveals the criminal organization or 
contributes to it being revealed shall be punished by a prison term up to one year, and 
his punishment may also be remitted. 
 
(5) The mastermind and a member of a criminal organization who commits a 
criminal offence as a member of criminal organization shall be punished for that offence 
as well. 
 
(6) The criminal organization referred to in para. 1 above shall be considered to 
include the organization composed of three or more persons which has as its objective 
the commission of criminal offences punishable by law by a four year prison term or a 
more severe punishment for the purpose of obtaining unlawful gain or power, provided 
that minimum three of the following conditions are met: 
1) that each member of the criminal organization had a predefined or 
obviously definable task or role; 
2) that activities of the criminal organization have been planned for a 
longer period of time or for an unlimited period; 
3) that the activities of the criminal organization are based on the 
application of certain rules of internal control and member discipline; 
4) that the activities of the criminal organization are planned and 
implemented in international proportions; 
5) that activities of the criminal organization include the application of 
violence or intimidation or that there is readiness for their application; 
6) that activities of the criminal organization include the use of economic 
or business structures; 
7) that activities of the criminal organization include laundering of money 
or illicit proceeds or 
 8) that there is an influence of the criminal organization or its part upon 
 the political authority, media, legislative, executive or judicial powers or other 
 important social or economic factors. 
 
Manufacture and Acquisition of Weapons and Means Intended for 
Commission of Criminal Offences 
 
Article 402 
IP/N/1/MNE/O/8 
 
         - 152 -  (1) Anyone who manufactures, procures or provides another person with 
weapons, explosives, means required for their manufacture or poison that he knows are 
intended for the commission of a criminal offence shall be punished by a prison term 
from six months to five years. 
 (2) Anyone who manufactures or hands over to another person the means for 
unlawful breaking and entering into structures knowing that such means are intended 
for the commission of a criminal offence shall be punished by a fine or a prison term up 
to one year. 
 
Unlawful Possession of Weapons and Explosive Substances 
 
Article 403 
 (1) Anyone who, without authorization, manufactures, sells, procures, exchanges, 
carries or possesses firearms, ammunition or explosive substances shall be punished by a 
prison term from three months to three years.  
 (2) Anyone who, without authorization, possesses, carries, manufactures, repairs, 
processes, sells, procures, exchanges, transports or otherwise puts into circulation 
firearms, ammunition, explosive substances, fragmentation or gas weapons whose 
possession is prohibited to the citizens shall be punished by a prison term from six 
months to five years. 
 (3) Where the object of the offence under paras 1 and 2 is a larger quantity of 
weapons or means or where the object is a weapon or other means of large destructive 
power, the perpetrator shall be punished by a prison term from one to eight years. 
 
Participation in Group Committing a Criminal Offence 
 
Article 404 
 (1) Anyone who participates in a group that conspires and kills another person, or 
inflicts to another person a serious bodily injury, commits arson, significantly damages 
property the value of which exceeds twenty thousand euros or commits other criminal 
offence punishable by a prison term of five years or longer, or attempts to commit one of 
these offences shall be punished  for participation itself by a prison term from three 
mont
hs to five years. 
 (2) The mastermind of the group committing any of the crimes under para. 1 
above shall be punished by a prison term from one to eight years. 
 
Illegal Crossing of State Border and Smuggling of Persons 
 
Article 405 
(1) Anyone who, without the required permission, crosses or attempts to cross the 
state border of Montenegro under arms or by use of force shall be punished by a prison 
term up to one year. 
IP/N/1/MNE/O/8 
 
         - 153 - (2) Anyone who is engaged in illegal transfer of other persons across the border 
of Montenegro, or who enables another person in return for a gain to illegally cross the 
border or to illegally stay or transit shall be punished by a prison term from three 
months to five years. 
(3) Where the offence under para. 2 above was committed by several persons in 
an organized manner, through misuse of one’s office, or in a manner that endangers the 
life or health of persons whose illegal border crossing, stay or transit is enabled or where 
a number of people is smuggled, the perpetrator shall be punished by a prison term from 
one to ten years.  
(4) The m ean s intended for or used for the commission of the off ences under 
paras 1 to 3 above shall be confiscated. 
 
Abus
e of Help and Danger Signs 
 
Article 406 
 Anyone who abuses the sign for help or sign for danger or who calls for help for 
no good reason thus unnecessarily causing state authorities, fire prevention or other 
competent organizations to take measures or who causes disorder in traffic shall be 
punished by a fine or a prison term up to six months. 
 
Unauthorized Organization of Games of Chance 
 
Article 407 
 (1) Anyone who, without an approval issued by a competent authority, organizes 
games of chance shall be punished by a fine or a prison term up to three years. 
(2) Anyone who, without authorization, sells lottery tickets or accepts payment 
for games of chance organized abroad shall be punished by a fine or a prison term up to 
two years. 
 (3) A person who organizes games of chance or participates in a game referred to 
in para. 1 above using deception shall be punished by a prison term from three months to 
five years. 
 (4) The means intended or used for the commission of the offences under paras 1 
to 3
 above as well as money and other objects used in games of chance shall be 
confiscated.   
 
Unli
censed Practice of Profession 
 
Article 408 
 Anyone who, without authorisation and for remuneration, engages in a 
profession which requires by law or other regulations enacted on the basis of law a 
permit issued by a competent authority or entity shall be punished by a fine or a prison 
term up to one year.  
IP/N/1/MNE/O/8 
 
         - 154 -  
Unauthorized Ownership and Use of 
Radio and Television Station 
 
Article 409 
 Anyone who owns or uses a radio or television station in breach of regulations 
governing communication systems shall be punished by a fine or a prison term up to one 
year. 
 
Desecration of Corpse 
 
Article 410 
 Anyone who, without authorization, digs out, takes away, conceals or destroys a 
corpse, its part or ashes and other remains of the deceased person shall be punished by a 
fine or a prison term up to one year.  
 
Desecration of Grave 
 
Article 411 
 (1) Anyone who, without authorization, digs out, demolishes, damages or 
significantly desecrates a grave or other place where a deceased person was buried shall 
be punished by a fine or a prison term up to one year. 
 (2) The punishment under para. 1 above shall also apply on anyone who, without 
authorization, destroys, damages or removes or significantly desecrates a gravestone or 
other memorial to the deceased. 
 (3) If elements of a more serious criminal offence were satisfied through the 
offences under paras 1 and 2 above, the perpetrator shall be punished for that offence. 
 
Injury and Unlawful Erection of Memorials 
 
Article 411a 
Anyone who damages, destroys, alters without authorization, makes addition to, 
dislocates, replaces or removes a memorial or erects or organizes the erection of a 
memorial which is not allowed shall be punished by a prison term from one to three 
years. 
 
TITLE THIRTYWTHREE 
CRIMINAL OFFENCES AGAINST LEGAL PROCEDURES 
 
IP/N/1/MNE/O/8 
 
         - 155 - Counterfeiting Documents 
 
Article 412 
 (1) Anyone who produces a counterfeit document or issues a false document or 
changes a genuine document with the intention to use it as a genuine one, or anyone who 
uses such counterfeit or false document as a genuine one or who obtains it for use shall 
be punished by a prison term up to three years.  
 (2) Where the offence under para. 1 above was committed with respect to a public 
document, a will, bill of exchange, cheque, public or official records or other records that 
must be kept under law, the perpetrator shall be punished by a prison term from  three 
months to five years. 
 (3) An attempt of the offence under para. 1 above shall be subject to punishment.  
 
Special Cases of Counterfeit Document 
 
Article 413 
 The following persons shall be deemed to be counterfeiting documents and shall 
be punished pursuant to Art.412 hereof: 
 1) anyone who, without authorization, fills in a statement that is affecting 
the legal relations on a paper, blank form or any other item to which someone 
has affixed his signature,  
 2) anyone who deceives another person with regard to the content of a 
document so as to make another affix his signature on that document believing 
that he is signing another document or a different content, 
 3) anyone who issues a document on behalf of another person without his 
authorization or on behalf of a person who does not exist, 
 4) anyone who, as the party issuing a document, places next to his 
signature the position, rank or title although he holds no such position, rank or 
title, where this is crucial for the probative force of that document, 
 5) anyone who produces a document by using a genuine seal or sign 
without authorization. 
 
Counterfeiting of Official Document 
 
Article 414 
 (1) A public official who enters false data or omits to enter important data in an 
official document, record or file, or who certifies with his signature or official seal an 
official document, record or file with false content, or who with his signature or official 
seal enables another person to produce an official document, record or file with false 
content shall be punished by a prison term from three months to five years. 
IP/N/1/MNE/O/8 
 
         - 156 -  (2) The punishment under para. 1 above shall also apply to a public official who 
uses a false official document, record or file as if they were truthful, or who destroys, 
conceals or significantly damages or otherwise makes useless an official document, 
record or file. 
 (3) A responsible officer in a business organisation, institution or other entity 
who commits the offence under paras 1 and 2 above shall be punished by the punishment 
prescribed for that offence. 
 
Instigation to Authenticate False Content 
 
Article 415 
 (1) Anyone who misleads a competent authority to authenticate in a public 
document, record or register any false information that may be used as evidence in legal 
procedures shall be punished by a prison term from three months to five years. 
(2) The punishment under para. 1 above shall also apply to anyone who uses such 
document, record or register knowing they are false. 
 
TITLE THIRTYWFOUR 
CRIMINAL OFFENCES AGAINST OFFICIAL DUTY 
 
Misuse of Office 
 
Article 416 
  (1) A public official who misuses his office or authority, oversteps the limits of his 
official authority or refrains from performing his official duty and thereby obtains for 
himself or another person undue advantage, or causes damage to another person or 
severely violates the rights of another person  shall be punished by a prison term from six 
months to five years. 
 
(2) Where the commission of the offence under para. 1 above resulted in 
pecuniary gain exceeding three thousand euros, the perpetrator shall be punished by a 
prison term from one to eight years. 
 
(3) Where the value of pecuniary gain exceeds thirty thousand euros, the 
perpetrator shall be punished by a prison term from two to twelve years. 
 
Malpractice in Office 
 
Article 417 
 (1) A public official who, in breach of law or other regulations or general legal 
acts, refrains from conducting his supervision duty, and otherwise improperly acts while 
acting in his official capacity although he knew or could have known and was obliged to 
IP/N/1/MNE/O/8 
 
         - 157 - know that this may result in severe violation of rights of another person or damage to the 
property of another person, provided that such a violation or damage exceeding three 
thousand euros actually takes place, shall be punished by a fine or a prison term up to 
three years. 
 (2) Where the offences under para. 1 above resulted in grave violation of rights of 
another person or damage exceeding thirty thousand euros, the perpetrator shall be 
punished by a prison term from six months to five years. 
(3) A responsible officer in an institution or other entity, with the exception of 
those engaged in a business activity, who commits the offences under paras 1 to 2 above 
shall be punished by the punishment prescribed for that offence. 
 
Unlawful Collection and Payment 
 
Article 418 
 A public official who collects payment from another person who is not obliged to 
pay or who charges another person more than he has duty to pay, or who when paying 
another person or handing over an item to another person pays or hands over less than 
the amount he is obliged to pa  shall be punished by a fine or a prison term up to three 
years. 
 
Fraud in the Conduct of Official Duty 
 
Article 419 
 (1) A public official who, while acting in his official capacity, with the intention of 
obtaining for himself or another person illicit pecuniary gain by submitting false 
statements of account or who otherwise misleads an authorized person to make an 
unlawful payment shall be punished by a prison term from six months to five years. 
 (2) Where the pecuniary gain obtained as a result of the offence under para. 1 
above exceeds three thousand euros, the perpetrator shall be punished by a prison term 
from one to eight years. 
 (3) Where the offence under para. 1 above results in pecuniary gain exceeding 
thirty thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
  
Embezzlement 
 
Article 420 
 (1) A person who, with the intention of acquiring illicit pecuniary gain for himself 
or another person, appropriates money, securities or other movable articles entrusted to 
him by virtue of his office or work in a state authority, institution or other non-
commercial entity, shall be punished by a prison term from six months to five years. 
IP/N/1/MNE/O/8 
 
         - 158 -  (2) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
three thousand euros, the perpetrator shall be punished by a prison term from one to 
eight years.  
 (3) Where the offence under para. 1 above resulted in pecuniary gain exceeding 
thirty thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
 
Temporary Diversion of Property 
 
Arti
cle 421 
 Anyone who, without authorization, diverts money, securities or other movable 
property entrusted to him by virtue of his office or work in a state authority, business 
entity, institution, or in some other e ntity or a crafts establishment or who, without 
auth
orization, temporarily diverts such property to another person for his use shall be 
puni
shed by a prison term from three months to three years. 
 
Fraud in the Conduct of Official Duty, Embezzlement and  
Temporary Diversion of Property as Petty Offence 
 
 
Article 421a 
 
    (1) Where fraud in the conduct of his official duty, embezz lement or diversion of 
property constitute petty offences, the perpetrator shall be punished by a fine or a prison 
term up to one year.   
             
 ( 2
) Fraud in the conduct of official duty, embezzlement and diversion of property 
shall be considered petty offences where the amount of unlawful payment, the value of 
obtained pecuniary gain, the value of embezzled things, or of the property that the 
perpetrator temporarily diverted without authorization does not exceed one hundred 
and fifty euros, where the perpetrator’s intention was to obtain a small pecuniary gain. 
 
 
Trading in Influence  
 
Article 422 
 
(1) Anyone who either directly or through third persons solicits or receives a gift 
or any other undue advantage, or who accepts a promise of a gift or other undue 
advantage for himself or for another person for agreeing to use his official or social 
position or his real or supposed influence in order that an official act be performed or not 
performed shall be punished by a prison term from three months to three years. 
 
(2) Anyone who takes advantage of his official or social position or his real or 
supposed influence to intercede or promise to intercede that an official act which must 
not be performed be performed or so that an official act not be performed which must be 
performed shall be punished by a prison term from six months to f ive years. 
 
IP/N/1/MNE/O/8 
 
         - 159 - (3) Where the influence referred to in para. 2 above was traded for a gift or other 
undue advantage, the perpetrator shall be punished by a prison term from one to eight 
year
s. 
             
  (4) The gift received or other undue advantage gained shall be confiscated. 
 
 
Incitement to Trading in Influence 
 
Article 422a 
 
(1) Anyone who either directly or through third persons gives, offers or promises 
a gift or any other undue advantage to a public official or any other person for agreeing 
to take advantage of his official or social position or his real or supposed influence to 
intercede that an official act be or not be performed shall be punished by a prison term 
up to two years. 
 
(2) Anyone who directly or through third persons gives, offers or promises a gift 
or any other undue advantage to a public official or any other person for agreeing to take 
advantage of his official or social influence or his real or supposed influence to intercede 
that an official act be performed which must not be performed or that an official act 
which must be performed not be performed shall be punished by a prison term from 
three months to three years. 
 
(3) Punishment may be remitted where a perpetrator of the offences under paras 
1 and 2 above had reported the criminal offence before he learned it had been detected. 
              
 (4) The gift received or any other undue advantage gained shall be confiscated. 
  
 
Passive Bribery 
 
Article 423 
 
(1) A public official who directly or indirectly solicits or receives a gift or any 
other undue advantage, or who accepts a promise of a gift or any undue advantage for 
himself or for another person for agreeing to perform an official or other act which he 
must not perform, or not to perform an official or other act which he must perform shall 
be punished by a prison term from two to twelve years. 
 
(2) A public official who directly or indirectly solicits or receives a gift or any 
other undue advantage, or who accepts a promise of gift or any undue advantage for 
himself or another person for agreeing to perform an official or other act which he must 
perform, or not to perform an official or other act which he must not perform shall be 
punished by a prison term from two to eight years. 
 
(3) A public official who commits the offences under paras 1 or 2 above in relation 
to detection of a criminal offence, initiating or conducting of criminal proceedings, 
pronouncing or enforcing of a criminal sanction shall be punished by a prison term from 
three to fifteen years. 
 
IP/N/1/MNE/O/8 
 
         - 160 - (4) A public official who after performing an official or other act or after 
refraining from performing an official or other act as envisaged by paras 1, 2 and 3 above, 
or in conjunction with such acts, solicits or receives a gift or other undue advantage shall 
be punished by a prison term from three months to three years. 
 
(5) A foreign public official who commits any of the offences under paras 1, 2, 3 
and 4 above shall be punished by the punishment prescribed for that offence. 
 
(6) Where a responsible officer or another person in an institution or other non-
commercial entity commits any of the offences under paras 1, 2 and 4 above shall be 
punished by the punishment prescribed for that offence. 
             
 (7) The gift received or any other undue advantage gained shall be confiscated. 
 
Active Bribery 
 
Article 424 
 
(1) Anyone who gives, offers or promises a gift or other undue advantage for 
himself or for another person to a public official or another person for agreeing to 
perform and official or other act he must not perform or not to perform an official or 
other act he must perform or anyone who intercedes in bribing a public official in the 
manner described above shall be punished by a prison term from six months to five 
years.  
(2) Anyone who gives, offers or promises a gift or other undue advantage to a 
public official or other person for agreeing to perform an official or other act he must 
perform or not to perform an official or other act he must not perform, or anyone who 
intercedes in bribing a public official in the manner described above shall be punished by 
a prison term up to three years. 
(3) The provisions of paras 1 and 2 above shall also apply where a gift or other 
undue advantage was given, offered or promised to a foreign public official. 
(4) The punishment may be remitted where a perpetrator of the offences under 
paras 1, 2 and 3 above had reported the criminal offence before he learned that the crime 
had been detected. 
(5) The provisions of paras 1, 2 and 4 above shall also apply when a gift or other 
undue advantage was given, offered or promised to a responsible officer or other person 
in an institution or another non-commercial entity. 
 
Disclosure of Official Secret 
 
Article 425 
WdeletedW 
 
 
TITLE THIRTYWFIVE 
CRIMINAL OFFENCES AGAINST HUMANITY AND 
OTHER VALUES GUARANTEED BY INTERNATIONAL LAW  
IP/N/1/MNE/O/8 
 
         - 161 -  
Genocide 
 
Article 426 
 Anyone who with the intention of partly or completely destroying a national, 
ethnic, racial or religious group issues orders for the commission of murders or infliction 
of serious bodily injuries or serious destruction of physical or mental health of group 
members or placement of the group under such living conditions as to bring about 
complete or partial extermination of the group, or taking of measures with which to 
prevent reproduction among group members, or forced displacement of children into 
another group, or who commits any of the said crimes with the same intention shall be 
punished by a prison term not shorter than eight years or by a forty year prison term. 
 
Crimes against Humanity 
 
Article 427 
 Anyone who by breaching the rules of international law, within the limits of a 
wider or systematic attack against civilian population, orders any of the following: 
murders; placing the population or its part under such living conditions as to bring about 
their complete or partial extermination; enslavement; forced displacement; torture; 
rape; coercion to prostitution; coercion to pregnancy or sterilization with a view to 
changing the ethnic composition of the population; persecution or expulsion on political, 
religious, racial, national, ethnic, cultural, sexual or any other grounds; detention or 
abduction of persons without disclosing information thereon so as to deprive them of 
legal assistance; oppression of a racial group or establishment of domination of one such 
group over another; or any other similar inhuman acts intended to cause serious 
suffering or seriously harm health; or who commits any of the said offences shall be 
punished by a prison term not shorter than five years or by a forty year prison term. 
 
War Crime against Civilian Population 
 
Article 428 
 (1) Anyone who, in breach of the rules of international law, in state of war, armed 
conflict or occupation orders an attack upon civilian population, settlement, individual 
civilians, persons incapacitated for combat or members or facilities of humanitarian 
organizations or peace-keeping missions; an attack without a specific target which 
strikes civilian population or civilian facilities under special protection of international 
law; an attack upon military targets that was known to cause killing of civilian population 
or damage to civilian facilities in obvious disproportion to the expected military effect; 
orders action against civilian population so as to physically injure, torture, treat 
inhumanly, use in biological, medical and other scientific experiments or take tissue or 
organs for transplantation, or to perform other acts causing harm to health or extensive 
suffering, or orders displacement or movement or forced change of nationality or 
religion; coercion to prostitution or rape; taking of measures of intimidation and terror, 
taking of hostages, collective sentencing, unlawful placing under arrest and detention; 
IP/N/1/MNE/O/8 
 
         - 162 - deprivation of the right to a just and impartial trial; proclamation of rights and acts of 
nationals of the opposite party forbidden, suspended or not allowed in court procedure; 
compelling to service in armed forces of an enemy force or its intelligence service or 
administration; forced service in armed forces of persons under the age of seventeen; 
forced labour; starving of population; unlawful confiscation, misappropriation, or 
destruction of property which belongs to civilian population and which is not justified by 
military needs; taking an unlawful and excessive contribution and requisition; 
devaluation of local currency or unlawful issuance of currency or who commits any of the 
said offences shall be punished by a prison term not shorter than five years. 
(2) The punishment under para. 1 above shall also apply to anyone who by 
breaching the rules of international law during a war, armed conflict or occupation 
orders any of the following: an attack upon facilities under special protection of 
international law or facilities and installations of dangerous power such as dams, 
embankments, and nuclear power plants; strikes at civilian facilities under special 
protection of international law, places without defence and demilitarised zones; long 
term and extensive damage to environment that can cause harm to health or survival of 
population or who commits any of the said offences. 
(3) Anyone who during a war, armed conflict or occupation orders murders 
against civilian population or who commits such a crime shall be punished by a prison 
term not shorter than ten years or by a forty year prison term. 
(4) Anyone who by breaching the rules of international law during a war, armed 
conflict or occupation, as an occupying force, orders or commits displacement of a part 
of its own civilian population to the occupied territory shall be punished by a prison term 
not shorter than five years. 
(5) Anyone who threatens to commit one or more of the offences under paras 1 
and 2 above shall be punished by a prison term from six months to five years. 
 
War Crime against the Wounded and Sick 
 
Article 429 
 (1) Anyone who, in breach of rules of international law, in state of war or armed 
conflict orders against the wounded, sick, shipwrecked or medical or religious service 
staff, infliction of bodily injuries, torture, inhuman treatment, biological, medical or 
other scientific experiments, taking of tissue or body organs for transplantation or other 
acts causing harm to health or inflicting serious suffering or ordering unlawful 
destruction or large scale appropriation of materials, means of transport for medical 
purpose and stocks of medical institutions or units that is not justified by military needs 
or who commits any of the said offences shall be punished by a prison term not shorter 
than five years.  
 (2) Anyone who during a war, armed conflict or occupation orders murder of the 
wounded or the sick or commits such a crime shall be punished by a prison term not 
shorter than ten years or by a forty year prison term. 
 
War Crime against Prisoners of War 
 
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         - 163 - Article 430 
 (1) Anyone who, in breach of rules of international law, orders against prisoners 
of war the infliction of bodily injuries, torture, inhuman treatment, biological, medical or 
other scientific experiments, taking of tissues or body organs for transplantation, or 
commission of other acts so as to harm health and cause serious suffering or orders 
coercion to service in armed forces of the enemy, deprivation of the right to a just and 
impartial trial; or who commits any of the said offences shall be punished by a prison 
term not shorter than five years. 
(2) Anyone who during a war, armed conflict, or occupation orders murders of 
prisoners of war or who commits such a crime shall be punished by a prison term not 
shorter than ten years or by a forty year prison term. 
 
Organization and Instigation to Commit Genocide and War Crimes 
 
Article 431 
 (1) Anyone who conspires with another to commit any of the criminal offence  
under Articles 426 to 430 hereof shall be punished by a prison term from three months 
to three years. 
 (2) Anyone who organizes a group in view of committing any of the criminal 
offences under para. 1 above shall be punished by a prison term from five to fifteen years. 
 (3) Anyone who becomes a member of the group referred to in para. 1 above shall 
be punished by a prison term from one to eight years. 
 (4) A perpetrator of the offences under paras 1 and 3 above who discloses the 
conspiracy or group before committing a criminal offence as its member or on behalf of 
the group, and a perpetrator of the offence under para. 2 above who prevents the 
commission of the offences under para. 1 above may receive a lighter punishment. 
 (5) Anyone who calls for or incites to the commission of any of the criminal 
offences under Articles 426 to 430 hereof shall be punished by a prison term from two to 
ten years.  
 
Use of Forbidden Combat Device 
 
Article 432 
 (1) Anyone who in state of war or armed conflict orders the use of combat device 
or combat method prohibited under the rules of international law or who uses them 
himself shall be punished by a prison term from two to ten years. 
 (2) Where the offences under para. 1 above result in the death of several persons, 
the perpetrator shall be punished by a prison term not shorter than five years or by a 
forty year prison term. 
 (3) Anyone who calls for or prepares the use of combat devices or fighting 
methods referred to in para. 1 above shall be punished by a prison term from six months 
to five years. 
IP/N/1/MNE/O/8 
 
         - 164 -  
Unlawful Manufacture of Prohibited Weapons 
 
Article 433 
 (1) Anyone who, in breach of law, other regulations or rules of international law, 
manufactures, purchases, sells, imports, exports or otherwise obtains and provides 
another person with, possesses or transports weapons the manufacture or use of which is 
prohibited or the materials required for their manufacture shall be punished by a prison 
term from one to five years. 
 (2) A public official or a responsible officer who orders or enables a legal person 
to engage in activities referred to in para. 1 above shall be punished by a prison term 
from one to eight years. 
 
Unlawful Killing and Wounding of Enemies 
 
Article 434 
 (1) Anyone who, in breach of  rules of international law, in state of war or armed 
co
nflict kills or wounds an enemy who has laid down his weap ons or has unconditionally 
surr
endered or was left without any means of defence shall be punished by a prison term 
from one to fifteen years. 
 (2) Where the killing under para. 1 above was committed in an insidious manner 
or out of base motiv es, the perpetrator shall be punished by a prison term not shorter 
than ten years. 
 (3) Where the killing under para. 1 above was committed in a cruel manner or out 
of gain or if several persons were murdered, the perpetrator shall be punished by a 
prison term not shorter than ten years or by a forty year prison term. 
 (4) The punishment under para. 3 above shall also apply to anyone who, in 
breach of rules of international law, in state of war or armed conflict issues an order that 
there must be no enemy survivors or who combats the enemy for that purpose. 
 
Misappropriation of Property from War Casualties 
 
Article 435 
 (1) Anyone who orders misappropriation of property from persons killed or 
injured on battlefield or who commits misappropriation himself shall be punished by a 
prison term from one to five years. 
 (2) Where the offence under para. 1 above was committed in a cruel manner or 
where the value of misappropriated property exceeds three thousand euros, the 
perpetrator shall be punished by a prison term from one to eight years. 
 (3) Where the value of property referred to in para. 1 above exceeds thirty 
thousand euros, the perpetrator shall be punished by a prison term from two to ten 
years. 
IP/N/1/MNE/O/8 
 
         - 165 -  
Wrongdoing against a Bearer of a Flag of Truce 
 
Article 436 
 Anyone who, in breach of rules of international law, in state of war or armed 
conflict insults, ill-treats or holds a bearer of a flag of truce or his escort or who hinders 
their return or otherwise violates their inviolability or who orders the commission of 
such offences shall be punished by a prison term from six months to five years. 
 
Cruel Treatment of the Injured, Sick 
and of Prisoners of War 
 
Article 437 
 Anyone who, in breach of rules of international law, treats inhumanly the injured, 
sick or prisoners of war, or who prevents or denies their access to the rights vested in 
them  under such rules or who orders the commission of such offences shall be punished 
by a prison term from six months to five years. 
 
Unjustified Delay of Repatriation of Prisoners of War 
 
Article 438 
 Anyone who, in breach of rules of international law, after the war or armed 
conflict ended, unjustifiably delays the repatriation or prisoners of war or of  civilians, or 
who orders such delay shall be punished by a prison term from six months to five years. 
 
Destruction of Cultural Good 
 
Article 439 
(1) Anyone who, in breach of rules of international law, in state of war or armed 
conflict destroys or uses for military purposes cultural or historical monuments or other 
cultural good or religious structures or institutions or facilities intended for science, art, 
education or humanitarian goals or who misappropriates a movable cultural good or 
orders the commission of such offences shall be punished by a prison term from three to 
fifteen years. 
 (2) Where the offence under para. 1 above resulted in the destruction of a facility 
that as a cultural good enjoys special protection of international law, the perpetrator 
shall be punished by a prison term from five to fifteen years. 
 
Omission to Prevent Criminal Offences against Humanity 
and Other Values Protected under International Law 
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         - 166 -  
Article 440 
 (1) A military commander or a person performing this function or a superior 
civilian who knowing that forces he is commanding or controlling are preparing or have 
commenced the commission of any of the criminal offences under Articles 426 to 430, 
Art.432, Art. 434 to 437 and Art.439 hereof omits to take the necessary measures that he 
could have taken and was obliged to take for the prevention of commission of the 
offences and thereby causes actual commission of any of the offences shall be punished 
by a prison term from two to ten years. 
 (2) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a prison term up to three years. 
 
Abuse of International Signs 
 
Article 441 
 (1) Anyone who abuses or carries without authorization the flag or sign of the 
United Nations Organization or the flag or sign of the Red Cross Organization or signs  
equivalent to them or other internationally recognized signs used to mark certain 
facilities for their protection against military operations or who orders that such offences 
be committed shall be punished by a prison term up to three years. 
 (2) Anyone who commits any of the offences under para. 1 above in the zone of 
war operations shall be punished by a prison term from six months to five years. 
 
Aggressive War 
 
Article 442 
 (1) Anyone who calls for or incites to aggressive war shall be punished by a prison 
term from two to twelve years. 
(2) Anyone who orders the waging of aggressive war shall be punished by a 
prison term not shorter than ten years or by a forty year prison term. 
 
Racial and Other Discrimination 
 
Article 443 
 (1) Anyone who on grounds of a difference in race, colour of skin, national 
affiliation or ethnic origin, or some other personal characteristic violates fundamental 
human rights and freedoms guaranteed by generally recognized rules of international 
law and international treaties ratified by Montenegro shall be punished by a prison term 
from six months to five years. 
(2) The punishment under para. 1 above shall also apply to anyone who 
persecutes organizations or individuals for their efforts to ensure equality of people. 
IP/N/1/MNE/O/8 
 
         - 167 - (3) Anyone who spreads ideas of superiority of one race over another, or 
promotes racial hatred, or incites to racial and other discrimination shall be punished by 
a prison term from three months to three years. 
 
Trafficking in Persons 
 
Article 444 
(1) Anyone who by use of force or threat, deceiving or keeping in deception, abuse 
of power, trust, dependence, position of vulnerability of another person, dispossession of 
personal documents or giving or receiving payments or other undue advantage to 
achieve the consent of a person having control over another person commits any of the 
following: recruits, transports, transfers, surrenders, sells, buys, mediates in sale, 
conceals or keeps another person for the purpose of exploitation of his labour, forced 
labour, submission to servitude, commission of criminal activity, prostitution or other 
type of sexual exploitation, beggary, exploitation for pornographic purposes, unlawful 
extraction of organs for transplantation, or for exploitation in armed conflicts shall be 
punished by a prison term from one to ten years. 
 
(2) The acts under para. 1 above shall constitute criminal offences when 
committed against minors even where the perpetrator did not use force, threat or any 
other of the methods listed above. 
 
(3) Where the offence under para. 1 above was committed against a minor, the 
perpetrator shall be punished by a prison term not shorter than three years. 
 
(4) Where the offence under paras 1 to 3 above resulted in a serious bodily injury, 
the perpetrator shall be punished by a prison term from one to twelve years. 
 
(5) Where the offence under paras 1 and 3 above resulted in the death of one or 
more persons, the perpetrator shall be punished by a prison term not shorter than ten 
years. 
 
(6) Anyone who regularly engages in the commission of the criminal offences 
under paras 1 to 3 above or where the offence was committed by several persons in an 
organised manner shall be punished by a prison term not shorter than ten years. 
 
(7) Anyone who uses the services of a person knowing that the person is a victim of 
the offence under para. 1 above shall be punished by a prison term from six months to 
five years. 
 
(8) Where the offence under para. 7 above was committed against a minor, the 
perpetrator shall be punished by a prison term from three to fifteen years. 
 
Trafficking in Children for Adoption 
 
Article 445 
 (1) Anyone who abducts for adoption a person who has not reached the age of 
fourteen in breach of valid regulations or anyone who adopts such a person or mediates 
IP/N/1/MNE/O/8 
 
         - 168 - in such adoption or whoever for that purpose buys, sells or surrenders another person 
who has not reached the age of fourteen or who transports, provides accommodation for 
or conceals such a person shall be punished by a prison term from one to five years. 
 (2) Anyone regularly engages in the commission of the offences referred to in 
para. 1 above or participates in their organized commission together with several other 
persons shall be punished by a prison term not shorter than three years. 
 
Submission to Slavery and Transportation of Enslaved Persons 
 
Article 446 
 (1) Anyone who, in breach of rules of international law, submits another person 
to slavery or other similar position or keeps another person in such a position, or who 
buys, sells, surrenders to another person or mediates in buying, selling or surrendering 
of such a person or who incites another person to sell his own freedom or freedom of 
persons he supports or cares for shall be punished by a prison term from one to ten 
years. 
 (2) Anyone who transports persons in the position of slavery or other similar 
position from one country to another shall be punished by a prison term from six months 
to five years. 
 (3) A perpetrator who commits the offences under paras 1 and 2 above against a 
minor shall be punished by a prison term from five to fifteen years. 
 
Terrorism 
 
Article 447 
(1) Anyone who, with the intention to seriously intimidate the citizens or to 
coerce Montenegro, a foreign state or an international organization to act or refrain from 
acting, or to seriously endanger or violate the basic constitutional, political, economic or 
social structures of Montenegro, foreign state or of international organization, commits 
any of the following offences: 
 
1) attack on the life, body or freedom of another, 
2) abduction or hostage taking, 
3) destruction of state or public facilities, traffic systems, infrastructure, 
including information systems, fixed platforms in the epicontinental shelf, public 
good or private property that may endanger the lives of people or cause 
considerable damage to the economy, 
4) hijack of aircraft, vessel, means of public transport or transport of 
goods that may endanger the lives of people, 
5) development, possession, procurement, transport, provision or use of 
weapons, explosives, nuclear or radioactive material or devices, nuclear, 
biological or chemical weapons, 
6) research and development of nuclear, biological and chemical 
weapons, 
7) emission of dangerous substances or causing fires, explosions or floods 
or taking other generally dangerous actions that might harm the lives of people, 
IP/N/1/MNE/O/8 
 
         - 169 - 8) obstruction or termination of water supply, electric energy or another 
energy generating product supply that might endanger the lives of people shall be 
punished by a prison term not shorter than five years. 
 
(2) Anyone who threatens to commit the criminal offence under para. 1 above 
shall be punished by a prison term from six months to five years. 
 
(3) Where the offence under para. 1 above resulted in the death of one or more 
persons or a large-scale destruction, the perpetrator shall be punished by a prison term 
not shorter than ten years. 
 
(4)  Where during the commission of the offence under para. 1 above the 
perpetrator killed one or several persons with wrongful intent, he shall be punished by a 
prison term not shorter than twelve years or by a forty year prison term. 
 
 
Public Call for the Commission of Terrorist Acts 
 
 
Article 447a 
Anyone who publicly calls for or otherwise instigates the commission of the 
criminal offence under Art.447 hereof shall be punished by a prison term from one to ten 
years. 
 
 
Recruitment and Training for Commission of Terrorist Acts 
 
Article 447b 
(1) Anyone who for the purpose of committing the offences under Art.447 hereof 
recruits another person to commit or participate in the commission of that offence or to 
join a group of people or a criminal association or criminal organization in view of 
participating in the commission of that criminal offence shall be punished by a prison 
term from one to ten years. 
 
(2) The punishment under para. 1 above shall also apply to anyone who, with the 
intention to commit the criminal offence under Art.447 hereof, gives instructions on the 
manufacture and use of explosive devices, firearms or other weapons or harmful or 
dangerous substances or who trains another person for the commission of or 
participation in the commission of that criminal offence. 
 
 
Use of Lethal Device 
 
Article 447c 
(1) Anyone who, with the intention to kill another person, inflict a serious bodily 
injury, or destroy or significantly damage a state or public facility, public traffic system 
or another facility of great significance for the security or supply of citizens, or for the 
economy or operation of public services, manufactures, transfers, keeps, gives to 
another, sets up or activates a lethal device (explosive, chemical devices, biological 
devices or poisons or radioactive devices) in a public location or in a facility or next to 
that facility shall be punished by a prison term from one to eight years. 
IP/N/1/MNE/O/8 
 
         - 170 -  
(2) Where in the commission of any of the offences under para. 1 above the 
perpetrator inflicted with wrongful intent a serious bodily injury to another person or 
destroyed or significantly damaged a facility, he shall be punished by a prison term from 
five to fifteen years. 
 
(3) Where in the commission of any of the offences under para. 1 above the 
perpetrator killed with wrongful intent one or more persons, he shall be punished by a 
prison term not shorter than ten years or by a forty year prison term. 
 
Destruction or Damage of Nuclear Facility 
 
Article 447d 
(1) Anyone who, with the intention to kill another person, inflict a serious bodily 
injury, endanger the environment or cause significant property damage, destroys or 
damages a nuclear facility in a manner which results or could result in the emission of 
radioactive material  shall be punished by a prison term from two to ten years. 
 
(2) Where in the commission of any of the offences under para. 1 above the 
perpetrator inflicted with wrongful intent a serious bodily injury to another person or 
destroyed or significantly damaged a nuclear facility, he shall be punished by a prison 
term from five to fifteen years. 
 
(3) Where in the commission of any of the offences under para. 1 above the 
perpetrator killed with wrongful intent one or more persons, he shall be punished by a 
prison term not shorter than ten years or by a forty year prison term. 
 
Endangering Persons under International Protection 
 
Article 448 
(1) Anyone who commits abduction or other type of violence against a person 
under international legal protection shall be punished by a prison term from two to 
twelve years. 
 
(2) Anyone who attacks the official premises, private apartment or vehicle of a 
person under international legal protection in a manner that endangers his safety and 
personal freedom shall be punished by a prison term from one to eight years. 
 
(3) Where the offences under paras 1 and 2 above resulted in the death of one or 
more persons, the perpetrator shall be punished by a prison term from five to fifteen 
years. 
 
(4) Where in  the course of commission of the offences under paras 1 and 2 above 
the perpetrator killed another person with wrongful intent, he shall be punished by a 
prison term not shorter than ten years or by a forty year prison term. 
 
(5) Anyone who endangers the safety of the person referred to in para. 1 above by 
a serious threat to attack him, his official premises, private apartment or a vehicle shall 
be punished by a prison term from six months to five years. 
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         - 171 -  
Terrorism Financing 
 
Article 449 
(1) Anyone who procures in any manner or raises funds, securities, other 
resources or property with the intention to use them partly or wholly for financing of the 
criminal offences under Articles 447, 447a, 447b, 447c, 447d and 448 hereof, or for the 
financing of organizations which have set the commission of these offences as their aim 
or of members of such organizations shall be punished by a prison term from one to ten 
years. 
 
(2) The resources referred to in para. 1 above shal l be confiscated. 
 
 
Terrorist Association 
 
Article 449a 
(1) Where two or more persons mutually associate for a longer period to commit 
the criminal offences under Articles 447, 448 and 449 hereof, they shall be punished by 
the punishment prescribed for the offence for the exercise of which the association has 
been organized. 
 
(2) The perpetrator of the offence under para. 1 above prevents the commission 
of the criminal offences under para. 1 above by revealing the association or otherwise, or 
who contributes to its revelation shall be punished by a prison term up to three years, 
and his punishment may be remitted. 
 
TITLE THIRTYWSIX 
CRIMINAL OFFENCES AGAINST THE ARMY OF MONTENEGRO 
 
Evasion of Military Service 
 
Article 450 
 (1) Anyone who, without justified reason, in state of war or emergency omits to 
report for meeting a conscription obligation, or avoids to receive a call-up notice to meet 
such an obligation shall be punished by a fine or a prison term up to one year. 
 (2) Anyone who is hiding to avoid his military duty referred to in para. 1 above 
shall be punished by a prison term from three months to three years. 
 (3) Anyone who leaves the country or stays abroad to avoid his military duty 
referred to in para. 1 above shall be punished by a prison term from one to eight years. 
 (4) Anyone who calls for several persons or incites them to commit the offences 
under paras 1 to 3 above shall be punished for the offence under para. 1 by a prison term 
up to three years, and for the offence under paras 2 and 3 by a prison term from two to 
twelve years. 
IP/N/1/MNE/O/8 
 
         - 172 -  (5) The punishment may be remitted where the perpetrator of any of the offences 
under paras 1 to 3 above voluntarily reports himself to a competent state authority. 
 
Evasion of Inventory and Inspection 
 
Article 451 
 (1) Anyone who, in breach of an obligation laid down by law and without justified 
reason, omits to observe an invitation of an authority competent for inventory-taking or 
inspection, or opposes to inventory-taking or inspection of manpower or material 
resources necessary for the defence of the country, or who provides false data during 
such inventory-taking or inspection shall be punished by a fine or a prison term up to 
one year. 
 
Default of Work Obligation 
 
Article 452 
Anyone who, in breach of an obligation laid down by law and without justified 
reason, in state of war or emergency omits to perform a work obligation shall be 
punished by a prison term from six months to five years. 
 
 
Evasion of Military Service by SelfWdisabling or Deception 
 
Article 453 
WdeletedW 
 
Unlawful Exemption from Military Service 
 
Article 454 
WdeletedW 
 
 
Arbitrary Leave and Desertion from the Army of Montenegro 
 
Article 455 
            (1) A military person who hides in order to avoid military service or who leaves the 
country or stays abroad to avoid military service shall be punished by a fine or a prison 
term up to one year. 
 
            (2) A military person who arbitrarily leaves his unit or service in the Army during 
the increased level of combat readiness of the unit shall be punished by a prison term 
from three months to three years. 
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         - 173 -  
 (3) The perpetrator of any of the offences under paras 1 and 2 above who 
vol
untarily reports himself to the competent state authority in view of performing his 
military service may receive a lighter punishment. 
 
 
Omission and Refusal to Execute Order 
 
Article 456 
 (1) A military person who omits to execute or refuses to execute an order of his 
superior in relation to the service, where such omission or refusal results in serious 
detrimental consequences to the service or serious threat to it shall be punished by a 
prison term from three months to three years. 
 (2) Where the offence under para. 1 above resulted in grave consequences for the 
military service or where the order was related to the receipt and use of weapons, the 
perpetrator shall be punished by a prison term from one to eight years. 
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished for the offence under para. 1 by a fine or a prison term 
up to one year, and for the offence under para. 2 by a prison term from three months to 
three years. 
 
Resistance to Superior 
 
Article 457 
 (1) A military person who together with other military persons offers resistance to 
the order of a superior in relation to the service in the Army and refuses to execute it, or 
refuses to discharge his duty shall be punished by a prison term from three months to 
three years. 
 (2) Where the offence under para. 1 above was committed in an organized 
manner, the perpetrator shall be punished by a prison term from one to five years.  
 (3) Where the offence under paras 1 and 2 above was committed by use of 
weapons, the perpetrator shall be punished by a prison term from one to eight years. 
 (4) A military person who commits negligent homicide in the commission of any 
of the offences under paras 1 to 3 above shall be punished by a prison term from two to 
ten years. 
 (5) A person organizing and serving in the capacity of a mastermind for the 
offences under para. 2 above shall be punished by a prison term from two to ten years. 
 (6) A military commander who, within the limits of his powers, in the event of the 
offences under paras 1 to 4 above omits to take measures that are prescribed, ordered or 
obviously necessary for the restoration of order shall be punished by a prison term from 
one to five years. 
 
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         - 174 - Resistance to a Military Person Performing Special Military Services 
 
Article 458 
 Anyone who resists to a military person who performs sentry, registration, patrol, 
duty, guard or other similar services or disobeys his call or omits to obey or refuses to 
execute his order, where such resistance or disobedience results in serious detrimental 
consequences for the service, or serious danger for the service, shall be punished by a 
prison term from three months to three years. 
 
Coercion against a Military Person in Discharge of Official Duty 
 
Article 459 
 Anyone who by the use of force or threats of immediately using force prevents a 
military person from discharging his official duty, or who compels him in the manner 
described above to act in breach of his official duty, thus causing grave consequences for 
the army service, shall be punished by a prison term from one to eight years. 
 
Assault against Military Person while Serving  in the Army 
 
Article 460 
 (1) Anyone who assaults or threats to assault a military person who serves the 
Army shall be punished by a prison term from three months to three years. 
 (2) Where in the commission of the offences under para. 1 above the perpetrator 
inflicted a light bodily injury to the military person or where the perpetrator t hreatened 
to use weapons, he shall be punished by a prison term f rom three months to five years. 
 (3) Where during commission of the offences under para. 1 above the perpetrator 
inflicted a serious bodily injury to the military person or caused grave consequences for 
the service by negligence, he shall be punished by a prison term from one to eight years. 
 (4) Where during commission of the offences under para. 1 above the perpetrator 
committed negligent homicide against a military person, he shall be punished by a 
prison term from two to ten years. 
 
Remission of Punishment for Offences under Articles 456 to 460 
 
Article 461 
 The punishment may be revoked where a perpetrator of any of the offences under 
Articles 456 and 457 para. 1, 458 and 459  paras 1 and 2 and 460, paras 1 and 2 hereof 
was provoked by unlawful or rude action of a military person. 
 
IllWtreatment of Subordinate or Subaltern 
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         - 175 -  
Article 462 
 (1) A  military commander wh o during his duty or in relation to his duty ill-treats  
a subordinate or subaltern or treats them in a manner offensive to human dignity shall 
be punished by a prison term from three months to three years. 
 (2) Where the offence under para. 1 above was committed against a number of 
persons, the perpetrator shall be punished by a prison term from one to five years. 
 
Violation of Special Military Service 
 
Article 463 
              (1) A military person who acts in breach of regulations on sentry, registration, 
patrol, duty, guard or other similar service thereby endangering the lives of people or 
property exceeding forty thousand euros or causing other grave consequences shall be 
punished by a prison term from six months to five years. 
 
 (2) Where the offence under para. 1 above caused a serious bodily injury or 
pro
perty damage exceeding forty thousand euros, the perpetrator shall be punished by a 
prison term from one to eight years. 
 
 (3) Where the offence under para. 1 above caused death of one or a more persons, 
the perpetrator shall be punished by a prison term from two to twelve years. 
 
 (4) Where any of the offences under paras 1 to 3 above were committed by 
negligence, the perpetrator shall be punished for the offence under para. 1 by a fine or a 
prison term up to one year, for the offence under para. 2 by a prison term up to three 
years, and for the offence under para. 3 by a prison term from one to eight years. 
 
Violation of State Border Security 
 
Article 464 
 (1) A public official who while performing his duty at the state border acts in 
breach of the regulations on state border guard thereby causing serious detrimental 
consequences or serious danger to the service shall be punished by a prison term from 
three months to five years. 
 (2) Where the offence under para. 1 above was committed during a state of war or 
emergency or under special circumstances or where the offence resulted in a serious 
bodily injury or property damage exceeding forty thousand euros or other grave 
consequences, the perpetrator shall be punished by a prison term from one to eight 
years. 
 (3) Where the offence under para. 1 above resulted in death of one or more 
persons, the perpetrator shall be punished by a prison term from two to twelve years. 
 (4) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to one year. 
IP/N/1/MNE/O/8 
 
         - 176 -  (5) Where the offence under para. 4 above resulted in the consequence referred to 
in para. 2 above, the perpetrator shall be punished by a prison term from three months 
to three years, and where it resulted in the consequences referred to in para. 3 above, the 
perpetrator shall be punished by a prison term from one to eight years. 
 
Submission of False Official Reports 
 
Article 465 
 (1) A military person who officially reports to his superior, orally or in writing, 
false data important for the service or who omits an important fact, or forwards such a 
report knowing the data therein are false thereby causing grave detrimental 
consequences or serious danger for the service shall be punished by a prison term from 
three months to three years. 
 (2) Where the offence under para. 1 above was committed with respect to a report 
of utmost significance or where it resulted in grave consequences, the perpetrator shall 
be punished by a prison term from one to eight years. 
 (3) Where the offence under paras 1 and 2 above was committed by negligence, 
the perpetrator shall be punished for the offence under para. 1 by a fine or a prison term 
up to one year, and for the offence under para. 2 by a prison term from three months to 
three years. 
 
Omission to Take Measures for Security of Military Unit 
 
Article 466 
 (1) A military commander who within the scope of his authority omits to take the 
measures that are prescribed, ordered or obviously necessary for the security of the unit, 
protection of life and health of people entrusted to him, security and maintenance of 
facilities, objects and resources serving for combat readiness, for regular provisioning of 
food or military equipment, or for timely and proper performance of safety work or 
provision of security to the facilities entrusted to him, thereby endangering the life of 
people or seriously threatening the health of people or property exceeding forty thousand 
euros shall be punished by a prison term from six months to five years.  
 (2) Where the offence under para. 1 above resulted in a serious bodily injury,  
large scale damage to property, or other grave consequences, the perpetrator shall be 
punished by a prison term from one to eight years. 
 (3) Where the offence under para. 1 above resulted in the death of one or more 
persons, the perpetrator shall be punished by a prison term from two to twelve years. 
 (4) Where the offence under para. 1 above was committed by negligence, the 
perpetrator shall be punished by a fine or a prison term up to two years. 
 (5) Where the offence under para. 4 above resulted in the consequences referred 
to in para. 2 above, the perpetrator shall be punished by a prison term from three 
months to three years, and where it resulted in the consequence referred to in para. 3 
above, the perpetrator shall be punished by a prison term from one to eight years. 
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         - 177 -  
Malpractice in Manufacture and Taking Possession of Weapons 
and Other Military Equipment 
 
Article 467 
 (1) A military or another person entrusted with management of production or 
other technological process or their supervision in a business organisation or other legal 
entity catering to the needs of defence, who unconscientiously performs his service or 
duty entrusted to him thereby causing delays in the manufacture of weapons, 
ammunition, or other military equipment or non-compliance with quality requirements 
shall be punished by a prison term from three months to three years. 
 (2) The punishment under para. 1 above shall also apply to a military or other 
person who due to his malpractice in the discharge of his duty takes possession of 
weapons or other military equipment that is not in compliance with the requirements or 
the contract. 
 (3) Where the offences under paras 1 and 2 above resulted in grave consequences, 
the perpetrator shall be punished by a prison term from one to eight years. 
 (4) Where the offences under paras 1 and 2 above were committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to one year. 
 (5) Where the offences under para. 4 above resulted in the consequence referred 
to in para. 3 above, the perpetrator shall be punished by a prison term from three 
months to three years. 
 
Improper Care of Entrusted Weapons 
 
Article 468 
 (1) Anyone who possesses, stores or handles the entrusted weapons, ammunition 
or explosives owned by the military unit or institution in breach of regulations thereby 
causing their large scale damage, destruction or disappearance shall be punished by a 
prison term from three months to three years.  
 (2) A person who manages the depot of weapons, ammunition, explosives and 
other combat devices who omits to take measures for their security and maintenance 
thereby causing extensive damage, destruction or disappearance of such combat devices 
shall be punished by a prison term from six months to five years. 
 (3) Where the offence under para. 2 above resulted in large scale property 
damage, the perpetrator shall be punished by a prison term from one to eight years. 
 (4) Where the offences under paras 1 and 2 above were committed by negligence, 
the perpetrator shall be punished by a fine or a prison term up to two years. 
 (5) Where the offence under para. 4 above resulted in the consequence referred to 
in para. 3 above, the perpetrator shall be punished by a prison term from three months 
to five years. 
 
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         - 178 - Unlawful Handling of Weapons Entrusted 
 
Article 469 
 Anyone who misappropriates, disposes of, pawns, diverts to another person for  
his use, or who damages or destroys weapons, ammunition or explosives which were 
entrusted to him for his use and which serve the defence needs shall be punished by a 
prison term from three months to five years. 
 
Theft of Weapon or Part of Combat Device 
 
Article 470 
 (1) Anyone who steals weapons, ammunition, explosives, combat devices or part 
of combat device serving for defence needs shall be punished by a prison term from six 
months to five years. 
 (2) Where the value of the property referred to in para. 1 above exceeds three 
thousand euros or where the theft was committed by breaking or entering into locked 
buildings, rooms, safes, cabinets or other closed premises, or where it was committed by 
several persons who conspired to commit a theft, or were it was committed in a 
particularly dangerous or rude manner, or by a person who had on him a weapon or a 
dangerous tool for attack or defence, or during a fire, flood, earthquake or other disaster, 
the perpetrator shall be punished by a prison term from two to ten years. 
 (3) Where the value of the property referred to in para. 1 above exceeds thirty 
thousand euros, the perpetrator shall be punished by a prison term from two to twelve 
years. 
 
Disclosure of Military Secrets 
 
Article 471 
WdeletedW 
 
Trespass on Military Facilities 
 
Article 472 
WdeletedW 
 
Punishment for Criminal Offences Committed in State of War, Armed 
Conflict and State of Emergency 
 
Article 473 
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         - 179 - (1) The criminal offences under Articles 450 para. 1, 455 paras 1 and 2,  456 paras 1 
and 3, 457 paras 1 and 7, 458, 459, 460 paras 1 and 2, 462 para. 1, 463 paras 1 and 4, 
465, 466 paras 1 and 4, 467 paras 1, 2 and 5, 468 paras 1, 2, 4 and 5, 469 and 470 para. 1 
hereof, where they were committed during a state of war, armed conflict or state of 
emergency shall carry a prison term from two to ten years. 
 
(2) The criminal offences under Articles 450 paras 2 to 4, 455 para. 2, 456 para. 2, 
460 paras 3 and 4, 462 para. 2, 463 para. 2, 464 paras 2 and 5, 467 para. 3, 468 para. 3, 
470 paras 2 and 3 hereof, where they were committed in a state of war, armed conflict or 
state of emergency shall carry a prison term from three to fifteen years. 
 
(3) The criminal offences under Articles 463 para. 3 and 466 para. 3 hereof, where 
they were committed in a state of war, armed conflict or state of emergency shall carry a 
prison term not shorter than ten years. 
 
Omission to Fulfill a Duty during Army Mobilization 
 
Article 474 
            (1) A military person or a public official who during Army mobilization, in state of 
war, armed conflict or state of emergency, in breach of his duty, omits to ensure the 
reception, deployment and accommodation of mobilized manpower, transport and other 
means, or omits to ensure the provisions for mobilized manpower and livestock, or omits 
to perform any other duty in relation to mobilization, which resulted or could have 
resulted in detrimental consequences shall be punished by a prison term from one to five 
years.  
 (2) Where the offences under para. 1 above resulted in grave consequences, the 
per
petrator shall be punished by a prison term not shorter than ten years. 
 (3) Where the offences under para. 1 above were committed by negligence, the 
perpetrator shall be punished by a prison term up to three years.  
 (4) Where the offences under para. 3 above resulted in grave consequences, the 
perpetrator shall be punished by a prison term from three months to five years. 
 
Undermining Military and Defence Power 
 
Article 475 
 (1) Anyone who destroys, makes useless or who enables the transfer to enemy of 
defence installations, defence facilities, position, weapons and other military and defence 
facilities, vessel or aircraft or who hands a unit over to the enemy without combat or 
before all means for combat have been exhausted, or who hinders and otherwise 
endangers the military or defence measures shall be punished by a prison term from 
three to fifteen years. 
 (2) Anyone who commits any of the offences under para. 1 above with the 
intention of assisting the enemy shall be punished by a prison term from five to fifteen 
years. 
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         - 180 -  (3) Anyone who prepares the commission of the offences under paras 1 and 2 
above shall be punished by a prison term from one to six years. 
 (4) Where the offences under para. 1 above were committed by negligence, the 
perpetrator shall be punished by a prison term from one to eight years. 
 (5) Where the offences under paras 1 and 2 above resulted in the death of one or 
more persons, or where they endangered the lives of humans, were accompanied by 
serious acts of violence or extensive devastation, or endangered the security, economic or 
military power of the country, the perpetrator shall be punished by a prison term for not 
shorter than ten years. 
 
Preventing Fight against Enemy 
 
Article 476 
 (1) Anyone who in a state of war or armed conflict prevents citizens of 
Montenegro or citizens of its allies from fighting against the enemy shall shall be 
punished by a prison term from five to fifteen years. 
 (2) Anyone who in a state of war or armed conflict discourages citizens of 
Montenegro or citizens of its allies from fighting against the enemy by propaganda 
activities or in some other manner shall be punished by a prison term from one to eight 
years. 
 
Defection and Surrender to the Enemy 
 
Article 477 
 (1) A military person who in a state of war or armed conflict defects to the enemy 
force shall be punished by a prison term not shorter than ten years or a forty year prison 
term. 
 (2) A military person who in a state of war or armed conflict defects to the enemy 
before having previously exhausted all capacities of defence shall be punished by a prison 
term from two to ten years. 
 
Service in Enemy  Army 
 
Article 478 
 (1) A citizen of Montenegro who in a state of war or armed conflict serves in the 
enemy army or enemy’s other armed formations, or takes part in a war or armed conflict 
as a combatant against Montenegro and its allies shall be punished by a prison term 
from three to fifteen years. 
 (2) Anyone who recruits citizens of Montenegro for service in the enemy army or 
enemy’s other armed formations or for participation in a war or armed conflict against 
Montenegro or its allies shall be punished by a prison term from five to fifteen years. 
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         - 181 -  
Aiding the Enemy 
 
Article 479 
 (1) A citizen of Montenegro who in a state of war or armed conflict aids the enemy 
in requisition, taking away of food or other property or in taking any kind of coercive 
measures against the population shall be punished by a prison term from two to ten 
years. 
 (2) The punishment under para. 1 above shall also apply to a citizen of 
Montenegro who maintained political and economic cooperation with the enemy during 
the war. 
 (3) Where the offence under paras 1 and 2 above resulted in the death of one or 
more persons, or endangered the lives of humans, or was accompanied by serious acts of 
violence, or extensive devastation, or has threatened the security of the economic or 
military power of the country, the perpetrator shall be punished by a prison term not 
shorter than ten years. 
 
Nonperformance and Abandonment of Duty during Combat 
 
Article 480 
 (1) A military person who during combat or immediately before it, omits to 
discharge his duty thereby causing detrimental consequences for the military unit or 
combat situation shall be punished by a prison term from two to ten years. 
 (2) The punishment under para. 1 above shall also apply to a military person who 
during combat or immediately before it abandons his du t y of his own free will or takes 
fraudulent leave. 
 (3) Where the offences under paras 1 and 2 above resul ted in grave consequences, 
the perpetrator shall be punished by a prison term not shorter than ten years. 
 
Abandonment of Position in Breach of Order 
 
Article 481 
 (1) A military commander who in breach of an order abandons his position with 
the unit entrusted to him before having exhausted all options for defence shall be 
punished by a prison term from two to twelve years. 
 (2) Where the offence under para. 1 above resulted in grave consequences, the 
perpetrator shall be punished by a prison term not shorter than ten years. 
 
Early Abandonment of Damaged Ship or Aircraft 
 
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         - 182 - Article 482 
 (1) A commander of a war ship who in state of war or armed conflict abandons 
the damaged ship before having fulfilled his duty under regulations governing ship 
service shall be punished by a prison term from two to ten years. 
 (2) A member of a war ship crew who in state of war or armed conflict deserts the 
damaged ship before the commander issues order for abandonment, or a member of 
crew of a military aircraft who in state of war or armed conflict abandons the damaged 
military aircraft before having fulfilled his duty under regulations governing flight and 
usage of aircraft shall be punished by a prison term from one to eight years. 
 (3) Where the offences under paras 1 and 2 above resulted in grave consequences, 
the perpetrator shall be punished for the offence under para. 1 above by a prison term 
not shorter than ten years, and for the offence under para. 2 above by a prison term from 
two to ten years. 
 
Weakening of Combat Morale 
 
Article 483 
 (1) Anyone who immediately before or during combat by provoking 
dissatisfaction among military persons, spreading disquieting news, escape, throwing 
away arms or ammunition, causing or spreading fear or otherwise weakens the combat 
morale in a unit or causes harm to combat situation shall be punished by a prison term 
from two to twelve years. 
 (2) A military commander who omits to take necessary measures against a 
subordinate or a junior who during combat or immediately prior to combat spreads fear 
among soldiers or otherwise weakens the combat morale of the unit or causes harm to 
combat situation shall be punished by a prison term from one to eight years. 
 (3) Where the offences under paras 1 and 2 above resulted in grave consequences, 
the perpetrator shall be punished by a prison term not shorter than ten years. 
 
Unauthorized Access to Military Facility 
 
Article 483a 
(1) Anyone who enters a military facility without authorization or makes sketches 
or drawings of military facilities or combat devices or takes photos of them or otherwise 
records them, or publishes recordings thereof knowing it is prohibited shall be punished 
by a prison term up to three years. 
 
(2) Where the offence under para. 1 above was committed during a state of war, 
armed conflict or state of emergency, the perpetrator shall be punished by a prison term 
from one to eight years. 
 
Omission to Report to Military Bodies 
 
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         - 183 - Article 484 
 (1) A military person who in a state of war, armed conflict or state of emergency, 
omits to inform the superior, senior or military command about the event that obviously 
requires urgent military measures to be taken shall be punished by a prison term up to 
three years.  
 (2) Where the offences under para. 1 above resulted in grave consequences, the 
perpetrator shall be punished by a prison term from two to ten years. 
 
Criminal Offences Committed following Orders of Superiors 
 
Article 485 
 Exempted from punishment shall be a subordinate who committed a criminal 
offence related to official duty following the order of a superior unless the order was 
related to the commission of a criminal offence that carries punishment exceeding five 
years in prison, and the subordinate knew that the fulfilment of the order constituted a 
criminal offence. 
 
TITLE THIRTYWSEVEN 
TRANSITIONAL AND FINAL PROVISIONS 
 
Article 486 
Where prior to entry into force of this Code a juvenile received a correctional 
measure of direct supervision in another family, the court which tried the juvenile in the 
first instance shall replace that measure by another statutory measure provided that in  
terms of its type or length it is not more severe that the measure previously imposed. 
  
Article 487 
 All criminal provisions contained in other laws that are contrary to this Code 
shall be repealed as of the date this Code enters into force. 
 
Article 488 
 This Code shall enter into force on the eighth day following its publication in the 
Official Gazette of the Republic of Montenegro, and its implementation will start three 
months after its entry into force. 
 
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         - 184 -