jurisdiction
| 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, 3/2020, 26/2021, 144/2021, 145/2021, 110/2023 and 123/2024) 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, 47/2019 and 54/2024) Law on prevention of corruption ("Official Gazette of Montenegro" No. 54/2024) |
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| 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? | Yes (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
Companies
|
| Defences | |
| Are there any defences available? | Yes 3 |
