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РусскийDigital searches, rights of detainees and fines for legal persons of up to 5% of turnover
The week of 7–13 September 2026 brought the largest package of amendments to the Criminal Procedure Code - 144 articles: covering the procedure for searching digital data, a written statement of rights for detainees, an interpreter from the first contact with the authorities, a single judge for offences carrying up to twelve years and a new block of victims' rights. For businesses, the key items are the increase of fines for legal persons to 5% of annual turnover and a new consequence of conviction - exclusion from access to public funding. Citizens are affected by three new laws - on seizure of proceeds from crime, on the Protector of Human Rights and Freedoms, and on the protection of personal data processed by competent authorities as well as a one-week excise reduction on fuel and the extension of tax reliefs to same-sex life partners.
Criminal Law
Digital searches: the order must specify the device and period, and refusing to hand over a password carries a fine of up to EUR 5,000.
Article 75 of the Code received a new title ("Grounds for and manner of searching a dwelling, objects, persons and digital data") and an entirely new text Art. 75; the earlier version already covered searches of computers and similar devices, so the novelty lies in the detailed procedure. The search order must, as far as the circumstances allow, specify the device, computer system, user account or data carrier to be searched, the criminal offence and the facts in connection with which the search is carried out, the type or category of data sought, the period to which the data relate and the scope of permitted access to connected systems. As a rule the search is carried out by making a forensic copy using recognised digital-forensic methods, after which further examination of the content of the original device is not permitted; access to the original is allowed where a copy cannot be made or where there is an immediate risk of loss, alteration, destruction or unavailability of the data. The copy is made by the police or the competent state prosecutor's office under a court order, and exceptionally at the place where the device was found. Data lawfully available in the device, system or account being searched may be accessed regardless of where they are stored, including e-mail and data stored in cloud services, and where it is reliably established that the data are stored outside Montenegro, access is subject to Montenegro's ratified international treaties. Failure to provide access - by supplying a password, code, decryption key or other data necessary for access - is punishable by a fine of up to EUR 5,000. A new right for the accused and defence counsel to be present at such a search, and at their request for two witnesses as well, is set out in the amended Article 81 Art. 81. The changes apply from 17 September 2026.
A detainee must be handed a written statement of rights, which includes the right to free legal aid.
Article 5 of the Code has been recast in greater detail Art. 5; previously the right amounted to being informed orally of the reasons for deprivation of liberty, the right to defence counsel and the right to have a person of one's own choosing, or a diplomatic or consular representative, notified. A mandatory written statement of rights is now prescribed which, in addition to that information, covers the right to inspect the case file, the maximum possible duration of deprivation of liberty and of police custody, and the right to appeal against the custody order. A detainee has the right to keep the written statement in their possession for the duration of the deprivation of liberty; its content is prescribed by the Ministry, and it is handed over in a language the person understands, failing which the rights are explained orally and the written statement is handed over subsequently without delay. It is separately provided that information is given to vulnerable persons with regard to their needs, and the rights to free legal aid and to medical assistance are set out. The changes apply from 17 September 2026.
The authorities must establish at first contact whether an interpreter is needed, and a decision that none is needed can be appealed.
Article 8 of the Code on the right to use one's own language has been recast Art. 8; the earlier version was confined to interpreting statements, documents and other written evidence. The authorities must now establish already at first contact with a suspect, accused person or victim whether that person speaks and understands the language of the proceedings and whether an interpreter is needed, and a decision finding that no interpreter is required may be appealed. The right to use one's own language applies from the first contact with the authorities, and interpretation covers oral communication at all hearings and throughout the proceedings, all submissions necessary to protect the rights of the defence, decisions on deprivation of liberty, indictments, court decisions, statements and documents, as well as communication with defence counsel. Waiver of the right to interpretation is permitted only if given knowingly and voluntarily, after legal advice; a victim is provided with an interpreter of the same sex on request. Where interpretation cannot be provided in time or by an interpreter's physical presence, it may be carried out using technical equipment for the transmission of image and sound, and where no interpreter for the language concerned is appointed, an interpreter from another state may act; the quality of interpretation can be challenged by complaint. The changes apply from 17 September 2026.
A single judge sits at first instance for offences carrying up to twelve years' imprisonment, instead of ten.
The threshold for trial by a single judge at first instance has been raised from ten to twelve years' imprisonment Art. 24. A new mechanism has been introduced at the same time: in complex cases, because of their scope or of factual or legal issues, the single judge may, ex officio or on a reasoned proposal of the parties, submit to the court president a proposal that the proceedings be conducted before a panel; the court president decides by order within eight days, and the parties may object to that order before the panel. Offences of organised crime continue to be tried before a panel. The changes apply from 17 September 2026.
Victims' rights and victim support services: professional and psychological support, and notice of action taken within 30 days.
The Code has been supplemented by a block of articles on the victim of a criminal offence that did not exist in the earlier version. The new Article 65a lists the rights of a victim - in particular a victim of trafficking in human beings, an offence against sexual freedom, domestic violence, war crimes or terrorism - and the rights of a child victim: free access to professional services, psychological support, protection of dignity when giving evidence, examination without unjustified delay and, at the victim's request, examination by a person of the same sex Art. 65a. Victim support services are to be established at higher courts and higher state prosecutor's offices, staffed by social workers, psychologists and other professionals: they provide information on victims' rights and compensation, emotional and psychological support and advice on financial and practical matters, and access does not depend on a criminal complaint having been filed and is available before, during and after the proceedings Art. 65v. Three months after filing a criminal complaint a victim may require the state prosecutor to provide notice of the action taken, to be given within a reasonable period and no later than thirty days Art. 256b. These provisions do not apply immediately: the support services are to be established within one year of the law's entry into force, and the provisions themselves apply within six months of the services being established Art. 514b.
A legal person is also liable for an offence committed under the direction of a responsible person where supervision was omitted.
The basis of liability of a legal person has been supplemented by a new paragraph 2 of Article 5 Art. 5: a legal person is also liable for a criminal offence committed to its benefit by a person acting under the direction of a responsible person, where the commission of the offence was made possible by the responsible person's failure to exercise the supervision or control they were obliged to exercise. The earlier version of Article 5 consisted of a single paragraph and contained no such basis. Liability of the legal person does not depend on whether the responsible person, or the person acting under their direction, has been convicted. The changes apply from 10 September 2026.
Fines for legal persons run up to 5% of annual turnover or EUR 40 million, with a minimum of EUR 4,000.
The scale of fines for legal persons Art. 15 has been recalculated: for offences punishable by up to one year's imprisonment from EUR 4,000 to EUR 40,000, then from EUR 40,000 to 80,000, from 80,000 to 200,000, from 200,000 to 400,000 and from 400,000 to 800,000, with the minimum fine in the most serious case set at not less than EUR 800,000 (the previous bands began at EUR 1,000–10,000 and ended above EUR 200,000). For offences under Chapter XXV of the Criminal Code, dealing with organised crime, a separate calculation has been introduced: up to 3% of total annual turnover or up to EUR 24,000,000 where the minimum penalty is five years' imprisonment, and up to 5% of total annual turnover or up to EUR 40,000,000 where the minimum penalty is eight years' imprisonment. The limits of the fine where no pecuniary damage was caused or where the amount of damage cannot be established within a reasonable time have been raised separately, from EUR 1,000–5,000,000 to EUR 4,000–40,000,000 Art. 14, with the fine now set in proportion to the legal person's total annual turnover in the business year preceding the year in which the offence was committed. The changes apply from 10 September 2026.
A new consequence of conviction for a legal person is exclusion from access to public funding.
The list of legal consequences of conviction has been supplemented Art. 33a: exclusion from access to public funding has been added to the consequences terminating or forfeiting certain rights, and the same measure has been included in the list of prohibitions on acquiring certain rights, alongside the prohibition on participating in public procurement procedures and in the privatisation of business entities; the earlier version contained no such consequence in either list. The wording has also been broadened: alongside permits, approvals, concessions and subsidies, licences and "other forms of benefit" granted by decision of a state authority or local self-government authority are now listed. The changes apply from 10 September 2026.
Extended seizure: assets are seized where the perpetrator does not make their lawful origin probable.
The new Law on Seizure of Proceeds from Criminal Activity entered into force on 8 September 2026 and replaced the earlier act. Under Article 2, proceeds may be seized where there is reasonable suspicion that they were acquired through criminal activity and the perpetrator of the offence does not make their lawful origin probable (extended seizure) Art. 2. The list of covered offences includes, among others, offences against sexual freedom and against property, as well as any intentional offence punishable by three years' imprisonment or more. For offences committed within a criminal organisation, seizure is possible on the basis of a confirmed indictment where the value of the assets is at least EUR 50,000 and a disproportion has been established. Seizure also extends to a legal predecessor, a legal successor, family members and third parties who knew or could have known of the aim of avoiding seizure, and where seizure of the proceeds themselves is impossible, other property corresponding to their value is seized.
Seizure is possible even without a judgment — in the event of death, absconding, immunity or amnesty.
Article 9 of the Law permits seizure of proceeds in separate permanent seizure proceedings even where no judgment has been delivered Art. 9. The grounds are: the death of the person against whom criminal proceedings were initiated; the impossibility of continuing the proceedings because of illness, absconding, immunity, amnesty, pardon, or the expiry of the limitation period for prosecution where that period is shorter than fifteen years and began to run after the proceedings were initiated; or the existence of other circumstances permanently barring prosecution. In the event of death, the proceeds are seized from legal successors. The condition is that the evidence indicates that the proceedings would have ended in a judgment of conviction.
General Human Rights and Freedoms
Right to good administration: a decision within a reasonable time, access to one's file and protection against administrative silence.
The new Law on the Protector of Human Rights and Freedoms of Montenegro, published on 9 September 2026, applies from 17 September 2026. Article 24 places within the Protector's competence the protection of the principle of the rule of law and the handling of cases concerning the right to good administration Art. 24. That right includes the right to make representations and to receive a reply, the right to be heard before any individual measure that could adversely affect the person is taken, the right of access to one's file, handling and decision within the period prescribed by law or within a reasonable time, notification of the course of the proceedings and of the reasons for any extension of the time limit, the duty of the authority to give reasons for its decision, action in accordance with the principle of proportionality, legal certainty and protection of legitimate expectations, and the use of language and script. Protection against administrative silence and access to a court in cases provided by law are expressly listed.
The Protector acts as the national preventive mechanism against torture and monitors the forced removal of foreigners.
Article 34 entrusts the Protector with the tasks of the national preventive mechanism for the protection of persons deprived of liberty and persons whose freedom of movement is restricted against torture and other forms of cruel, inhuman or degrading treatment or punishment Art. 34. In carrying out torture prevention tasks the Protector also monitors the procedure of forced removal of foreigners from Montenegro. The authorities are obliged to cooperate with the Protector so as to ensure effective and efficient protection of human rights and freedoms and to prevent unlawful conduct, while the methodology of work on torture prevention is determined by the Protector in accordance with international standards and the Protector's rules of procedure. The Law applies from 17 September 2026.
Failure to comply with the Protector's requests: a fine of EUR 500 to 2,000 for a legal person and EUR 100 to 1,000 for a responsible person.
Article 95 prescribes misdemeanour fines for obstructing the Protector's work Art. 95. A legal person is fined from EUR 500 to 2,000 if it fails to make available data relevant to the proceedings irrespective of the level of secrecy, fails to allow direct inspection of official files, documents and records or to supply copies of them, fails to allow free access to premises, facilities and places where documents, objects or persons relevant to the proceedings are located, fails to allow a direct conversation with the persons whose rights are being examined, or fails to submit, within the period set by the Protector, a report on measures taken to implement a recommendation. A responsible person in a legal person, state authority, state administration authority or local self-government authority is fined from EUR 100 to 1,000, and an entrepreneur from EUR 300 to 2,000. The Law applies from 17 September 2026.
Special Protection of Human Rights and Freedoms
Access to one's data: confirmation of processing, purpose, recipients, storage period and the source of the data.
The new Law on the Protection of Personal Data Processed by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Sanctions was published on 9 September 2026. Article 16 obliges the controller to enable a data subject to obtain confirmation of whether personal data relating to them are being processed, access to those data, and information on the purpose and legal basis of processing, the categories of data and the recipients, in particular recipients in other states or international organisations, the envisaged storage period or the criteria for determining it, the rights to rectification, erasure and restriction of processing, the right to lodge a complaint with the supervisory authority together with the Agency's contact details, as well as the data themselves and all available information on their source Art. 16.
Complaint to the supervisory authority: notice of the course of the procedure and of the decision within 90 days.
Article 53 gives a data subject the right to lodge a request for the protection of rights with the supervisory authority where they consider that the processing of their personal data breaches the provisions of the Law, without prejudice to other administrative, judicial or other legal remedies Art. 53. The supervisory authority informs the complainant of the course of the procedure and of the decision taken no later than 90 days from the day the request was submitted. If it does not decide on the request within that period, or if the complainant is not satisfied with the decision, the authority informs them of the legal remedies available, and must provide information on the exercise of that right on request.
The Law applies six months after its entry into force — from 18 March 2027.
The Law enters into force on the eighth day after its publication in the Official Gazette of Montenegro, that is on 17 September 2026, but applies six months after its entry into force - from 18 March 2027 Art. 60. Certain provisions, among them those on special conditions of processing and on notification of the supervisory authority in the case of data transfers, will apply from the day Montenegro accedes to the European Union. Liability and penalties for breaches of the Law are determined in accordance with the law governing personal data protection, which applies from the date this Law begins to apply.
Sex can no longer be used as a factor in calculating insurance premiums and benefits.
Changes have been made to the areas of application of the prohibition of discrimination in Article 11 Art. 11: insurance and related financial services were previously listed subject to the caveat "taking into account actuarial factors in calculating premiums and other benefits, where sex is used as a factor resulting in differences in individual premiums and benefits", whereas the new wording provides that sex may not be used as a factor in calculating premiums and benefits in a way that results in differences. The point on access to goods and services has also been reformulated; it now covers access to goods and services available to the public and their provision in the public and private sectors, including authorities and other entities, and transactions carried out in that context. A new paragraph has been added: different treatment will not be considered discrimination where goods and services are provided exclusively or primarily to members of one sex or gender, where such treatment is expressly prescribed by law, objectively and reasonably justified by a legitimate aim, and the means of achieving that aim are proportionate and necessary. The changes apply from 9 September 2026.
A definition of sexual harassment as a form of discrimination on grounds of sex or gender has been introduced.
Article 6 has been supplemented by a new definition Art. 6 which did not appear in the earlier list of terms: sexual harassment constitutes a form of discrimination on grounds of sex and/or gender and is any form of unwanted verbal, non-verbal or physical conduct of a sexual nature intended to, or having the effect of, violating a person's dignity, in particular by creating an intimidating, hostile, degrading, humiliating or offensive environment. The changes apply from 9 September 2026.
Budget and Tax Law
Excise duty reduced: EUR 0.439 per litre of unleaded petrol and EUR 0.330 per litre of gas oils.
The Decision on the Reduction of the Excise Duty Amount for the Turnover of Unleaded Petrol and Gas Oils was published and entered into force on 7 September 2026. Article 2 sets the reduced amounts: for unleaded petrol (tariff codes 2710 12 31, 2710 12 41, 2710 12 45, 2710 12 49, 2710 12 70) EUR 439 per 1000 litres, that is EUR 0.439 per litre, and for gas oils used as motor fuel EUR 330 per 1000 litres, that is EUR 0.330 per litre Art. 2. The reduced amounts apply to unleaded petrol and gas oils used as motor fuel.
The reduced excise duty applies only from 8 to 14 September 2026.
Article 3 sets the period of application of the reduced amounts: the Decision applies from 8 to 14 September 2026 Art. 3. The Decision, official number 11-011/26-3470, entered into force on the day of its publication - 7 September 2026. No extension of its application beyond 14 September 2026 is provided for in the text of the Decision.
A same-sex life partner is included in the household of a first-home buyer for the tax exemption.
Amendments to Article 12 Art. 12: in the exemption from real estate transfer tax for the acquisition of a first dwelling or residential building, for an area of up to 20 m² per member of the household, a same-sex life partner is now included in the concept of household - in the earlier version such a partner was not listed alongside the buyer's spouse, children, adopted children and parents. The competent tax authority keeps records of purchase contracts recognised as entitled to the tax exemption, of the amount of transfer tax not collected because of the exemption, of the buyers of first dwellings and the members of their households for whom the exemption was used, and of the sale of real estate acquired by a bank as creditor under a fiduciary or mortgage arrangement in proceedings to collect claims under granted loans and in proceedings for the reorganisation of the bank's debtor. The changes apply from 10 September 2026.
The inheritance and gift tax exemption has been extended to a same-sex life partner.
Amendments to Article 14 Art. 14: the exemption from real estate transfer tax on inheritance, gifts and other gratuitous acquisitions has been extended to a same-sex life partner, alongside an heir of the first succession order, a spouse and the parents of the deceased. The earlier version named in that paragraph only an heir of the first succession order, a spouse and a parent of the deceased, and in the provision on division of joint property only former spouses; former same-sex life partners on the division of joint property following the dissolution of the life partnership have now been added there. Entitlement to the exemption remains subject to conditions for particular categories of recipients: where a person within paragraph 1, point 2 changes occupation before five years have elapsed, they must report the change to the competent tax authority within 15 days and pay tax at the rate in Article 11. The changes apply from 10 September 2026.