Status regarding Budapest ConventionStatus : Party Declarations and reservations : Reservations: Article 9, paragraph 1 item e, paragraph 4 and paragraph 2, item b Article 14, paragraph 3 Article 20 Declarations: Article 24, paragraph 7: the authority responsible for making and receiving requests for extradition in the absence of an agreement is the Ministry of Justice of Montenegro, while the authority responsible for making and receiving requests for provisional arrest in the absence of an agreement is the NCB Interpol in Podgorica Article 27, paragraph 2: the central authority designated for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution in the absence of an agreement is the Ministry of Justice of Montenegro. See legal profile
The updated Cyber Security Strategy for 2018-2021 was adopted in December 2017 and it refers to strengthening capacities of state law enforcement authorities in combating cybercrime.
This Strategy identifies a total of eight objectives for improving the National Cyber Strategy for Montenegro 2018-2021, namely:
1. Cyber defence capacities.
2. Centralisation of cyber expertise and resources.
3. Protection of critical information infrastructure.
4. Inter-institutional cooperation.
5. Data protection.
6. Cyber security education.
7. Partnership of public and private sectors.
8. Regional and international cooperation.
A strategy for cybercrime is being drafted.
State of cybercrime legislation
- Law on Ratification of the Convention on Cybercrime;
- Law on Ratification of Protocol to the Convention on Cybercrime;
- Law on Ratification of the Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse;
- Criminal Code;
- Criminal Procedure Code;
- Law on Mutual Legal Assistance.
- Article 353 of the CC – Unauthorized Access to Computer System;
- Article 349 of the CC. – Damaging Computer Data and Programs;
- Article 350 of the CC. – Computer System Interference;
- Article 351 of the CC. – Producing and Entering Computer Viruses;
- Article 352 of the CC. – Computer Fraud;
- Article 353 of the CC. – Unauthorized Access to Computer System;
- Article 354 of the CC. – Misuse of Devices and Programs;
- Article 211 of the CC. – Displaying Pornographic Material to Children and Production and Possession of Child Pornography;
- Article 233 of the CC. – Violation of Moral Rights of Authors and Performers;
- Article 234 of the CC. – Unauthorized Use of Copyrighted Works or Objects of Related Rights;
- Article 235 of the CC. – Voluntary Noncompliance with Protection Measures Intended for Prevention of Violations of Copyright and Related Rights and Rights Related Information;
- Article 236 of the CC. – Unauthorized Removal or Modification of Electronic Information on Copyright and Related Rights;
- Article 237 of the CC. – Unauthorized Patent Use;
- Article 238 of the CC. – Misuse of Design;
- Article 20 of the CC. – Attempt;
- Article 21 of the CC. – Inappropriate Attempt;
- Article 23 of the CC. – Principal and Co-principal;
- Article 24 of the CC. – Instigation;
- Article 25 of the CC. – Aiding;
- Article 26 of the CC. – Limits of Liability and Punishment of Accomplices;
- Law on Liability of Legal Persons for Criminal Acts (Official Gazette of the Republic of Montenegro no. 2/07, 13/07 and 39/2016).
- Art. 75 of the CPC – Reasons for Search of Dwellings, Other Premises, Movable Articles and Persons;
- Art. 76 of the CPC – Search Warrant and Request for a Search Warrant;
- Art. 77 of the CPC – Contents of the Request for a Search Warrant;
- Art. 78 of the CPC – Verbal Request for a Search Warrant;
- Art. 79 of the CPC – Search Warrant;
- Art. 80 of the CPC – Search Upon a Court Order;
- Art. 81 of the CPC – Rules of Search;
- Art. 82 of the CPC – Seizure of Other Objects on Basis of a Search Warrant;
- Art. 83 of the CPC – Entering Another Person’s Dwellings without a Search Warrant and Searching;
- Art. 84 of the CPC – Legally Invalid Evidence;
- Art. 85 of the CPC – Provisional Seizure of Objects and Property Gain;
- Art. 86 of the CPC – Denial of Disclosure or Issuing of Files;
- Art. 87 of the CPC – Inventory and Sealing of Files;
- Art. 89 of the CPC – Obtaining Information from the Competent Public Authority for Temporary Suspension of Monetary Transactions;
- Art. 157 of the CPC – Types of Secret Surveillance Measures and Conditions for their Application;
- Art. 158 of the CPC – Criminal Offences for Which Measures of Secret Surveillance May Be Ordered;
- Art. 159 of the CPC – Competence for Ordering Measures of Secret Surveillance and their Duration;
- Art. 160 of the CPC – Enforcement of Measures of Secret Surveillance;
- Art. 161 of the CPC – Legally Invalid Evidence;
- Art. 162 of the CPC – Rendering Information to Persons Against Whom Measure of Secret Surveillance was Enforced when a Criminal Procedure is not Initiated.
The Constitution of Montenegro guarantees a series of rights and liberties, among which:
- Article 40 - Right to privacy
- Article 41- Inviolability of home
- Article 42 - Confidentiality of correspondence
- Article 43 - Protection of personal data
- Article 47- Freedom of expression
- Article 51 - Access to information
Article 24 of the Constitution states that any limitations to guaranteed human rights and freedoms should be provided only by law, within the scope permitted by the Constitution and to such an extent which is necessary to meet the purpose for which the limitation is allowed, in an open and democratic society. Limitations shall not be introduced for other purposes except for those for which they have been provided for.
Following this principle, the Criminal Procedure Code lays down conditions and safeguards for the use of the abovementioned procedural powers, including judicial oversight.
Articles 76, 83 and 86 of the CPC.
Related laws and regulations
- Law on Electronic Communications;
- Law on Liability of Legal Persons for Criminal Acts;
- Law on the Implementation of Regulations Governing the Protection of Intellectual Property Rights;
- Law on personal data protection.
- The State Prosecutor’s Office;
- The Special State Prosecutor’s Office;
- The State Prosecutor’s Office for Suppression of Organised Crime, Corruption, Terrorism and War Crimes;
- Police Directorate, Division for Organised Crime and Corruption;
- Police Directorate, Unit for Combating High-Tech Crime;
- Police Directorate, Forensic Centre;
- Police Directorate, NCB Interpol;
- The Ministry of Justice – Directorate for International Judicial Cooperation and Projects.
Practical guides, templates and best practices
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.