Status regarding Budapest ConventionStatus : Party Signed : 07/04/2005 Ratified : 03/03/2010 Declarations and reservations : Reservations regarding Articles 9, 14 and 20. Declarations regarding Articles 24 and 27 Declarations and reservations: https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/185/declarations?p_auth=YDHaLjj3%20 See legal profile
The National Cyber Security Strategy for 2013-2017 will expire at the end of 2017. The government is currently assessing the level of achievement of the main goals under the current Strategy. This assessment is used as a base for the new Cyber Security Strategy, which is planned to be completed by the end of this year. The Ministry of Public Administration set up a Working Group, made up of representatives of the key governmental institutions in the field of cybersecurity. The first version of the Strategy is already available. Once adopted, the new Cyber Security Strategy of Montenegro will be valid from 2018 until 2021.
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 Procedure Code
Title 28 - Criminal offences against security of computer data of the Criminal Code provides for the following offences:
Article 353 - Unauthorized Access to Computer System
Article 349 - Damaging Computer Data and Programs
Article 350 - Computer System Interference
Article 351 - Producing and Entering Computer Viruses
Article 352 - Computer Fraud
Article 353 - Unauthorized Access to Computer System
Article 354 - Misuse of Devices and Programs
Article 233 - Violation of Moral Rights of Authors and Performers
Article 234 - Unauthorized Use of Copyrighted Works or Objects of Related Rights
Article 235 - Voluntary Noncompliance with Protection Measures Intended for Prevention of Violations of Copyright and Related Rights and Rights Related Information
Article 236 - Unauthorized Removal or Modification of Electronic Information on Copyright and Related Rights
Article 237 - Unauthorized Patent Use
Article 238 - Misuse of Design
Criminal Procedure Code provides for the following procedural measures:
Chapter VII - search of dwellings, articles and persons and provisional seizure of objects and property gain;
Articles 157-162 - secret surveillance measures, including interception powers (secret surveillance and recording of telephone conversations and other distance communication and interception, collection and recording of computer data).
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.
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
Unit for Combating High-Tech Crime, Police Directorate, Ministry of Interior
Agency for Electronic Communications and Postal Services
Agency for Electronic Media
Unit for IT and Digital Evidences, Special State Prosecutor’s Office
Forensic Center, Police of Montenegro
Law on Mutual Legal Assistance in Criminal Matters regulates the conditions and procedure for provision of mutual legal assistance in criminal matters.
Competent authorities and channels
Ministry of Justice, Directorate for International Legal Cooperation and European Integration, Division for Mutual Legal Assistance is the central authority for mutual legal assistance.
Domestic judicial authority shall forward letters rogatory for mutual legal assistance to foreign judicial authorities and receive the letters rogatory for mutual legal assistance of the foreign judicial authorities through the Ministry of Justice.
In cases where there is no international agreement or reciprocity, the Ministry shall deliver and receive letters rogatory for mutual legal assistance through diplomatic channels.
Exceptionally, in cases when provided for under an international agreement or where there is reciprocity, the national judicial authority may deliver directly or indirectly to the competent foreign judicial authority and receive letters rogatory for mutual legal assistance of the foreign state, with the obligation to deliver copy of letter rogatory to the Ministry.
In urgent cases, provided that there is reciprocity, letter rogatory for mutual legal assistance may be delivered and received through the National Central Bureau of the INTERPOL, points of contact for the cooperation with the European Judicial Network (EJN) and EUROJUST.
The courts and the state prosecutors’ offices shall be responsible for provision of mutual legal assistance in accordance with the law.
The 24/7 point of contact for cybercrime is placed in the Unit for Combating High-Tech Crime, Police Directorate.
Cooperation with INTERPOL is realised through the Ministry of Interior, NCB INTERPOL.