jurisdiction

Montenegro
Source of law 

Criminal Code (Official Gazette of Montenegro Nos. 70/2003, 13/2004, 47/2006, 40/2008, 25/2010, 32/2011, 64/2011, 40/2012, 56/2013, 14/2015, 42/2015, 58/2015 and 

44/2017, 49/2018 and  3/2020) 

Law on Criminal Liability of Legal Entities (Official Gazette of Montenegro No.002/07, 013/07, 073/10, 030/12, 039/16) 

Law on the confiscation of property arising from the criminal act (Official Gazette of Montenegro No. 58/2015) 

Law on prevention of corruption (Official Gazette of Montenegro Nos. 53/2014 and 

42/2017) 

Offence 

Giving a bribe in business  activities 

Offering, promising or giving a bribe (or intermediating in those actions) during a business activity in order to favour the briber or someone else by or when making or performing a deal or rendering services, to the detriment of an entity the recipient represents or works for. 

Accepting a bribe in business  activities 

Demanding or accepting a bribe (or the offer or promise of a bribe), or intermediating in those actions, during a business activity in order to favour someone by or when making or performing a deal or rendering services, to the detriment of an entity they represent or work for. 

Giving a bribe 

Offering, promising or giving a bribe (or intermediating in those actions) to an official 1  or responsible person in the company 2  in order for them to (within or outside their powers) perform / not perform an action which should not / should be performed. 

Accepting a bribe 

Demanding or accepting a bribe or the offer or promise of a bribe by an official or responsible person for themself or someone else, in order for them to (within or outside their powers) perform / not perform an action which should not / should be performed, as well as demanding or accepting a bribe after performing / not performing such action. 

Trading in influence 

Requesting or receiving a gift or any other benefit for himself or another, directly or through a third party, to use his official or social position or actual or presumed influence, to mediate, to perform or not to perform an official action. 

Promising, offering or giving a gift or some other benefit to another through the use of his official or social position or actual or presumed influence to mediate the performance or non-performance of an official action. 

The bribe  
Is there a presumption that any advantage was given/received corruptly? No
Would facilitation payments be caught? 

 

Yes 

Would corporate hospitality be caught? 

 

Yes  

Is there any de minimis? (i.e. if the degree of guilt is low, if there are no harmful consequences and / or if the offence  is minor and imposing a penalty would not be in line with public policy) 
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No 
Acts  performed  outside Montenegro  
Can bribery performed outside Montenegro be caught? No 
Does the act also need to be illegal in the foreign country of performance? 

 

Yes  

Who can be liable  
Montenegrin national? 

 

Yes  

Montenegrin  company 

 

Yes  

Montenegrin partnership (including limited liability partnership)? 

 

Yes  

Director of Montenegrin company 

 

Yes  

Montenegrin company if the bribe is committed abroad by its foreign subsidiary? 

 

Yes  

Foreign subsidiary of a Montenegrin company if the bribe is committed abroad? 

 

Yes  

Foreign national / company / partnership if bribe is committed in Montenegro? 

 

Yes  

Foreign national domiciled or “ordinarily resident” in Montenegro if bribe is committed outside Montenegro? 

 

Yes  

Foreign company / partnership if bribe is committed abroad? No
Penalties  
Penalties include: 

Individuals 

  • Imprisonment of up to 15 years (aggregated, together with different modalities of the offence) 
  • Seizure of the given award, gift or other property benefit 
  • Punishment may be remitted if a person committed the criminal offence based on a request and reports the criminal offence. 

Companies 

  • Fines (not higher than EUR 5m) 
  • Confiscation 
  • Winding-up 
Defences  
Are there any defences available? Yes   3