English
Crnogorski
РусскийA lifetime ban for child abusers, an integrity test for the police and new citizenship rules
The week of 21–27 September brought the year's most sweeping overhaul of the Criminal Code: a lifetime ban on working with children, the removal of the statute of limitations for sexual offences against children, and the classification of femicide as aggravated murder. At the same time, the Interior Ministry is introducing an integrity test, victims of human trafficking are exempted from liability for coerced offences, and applicants for citizenship face new forms. There is also a new law on judicial cooperation with the EU and fresh product-safety duties for businesses.
Criminal Law
The statute of limitations no longer applies to sexual offences against children.
Previously, criminal prosecution and the enforcement of sentences were not subject to a statute of limitations only for a listed set of offences (Articles 167, 264–276c, 401, 401a, 422–424, 426–431) Art. 129. Articles 144 and 166 have now been added to that list, and a separate paragraph establishes that prosecution and enforcement do not lapse for criminal offences against sexual freedom committed against a child. The provision applies from 22 September 2026; in practice, such cases can be prosecuted regardless of how much time has passed since the offence.
A ban on working with children for those convicted of sexual offences may be permanent.
The legal consequences of conviction consisting of a ban on acquiring certain rights could be imposed for a maximum of ten years Art. 117. An exception has now been made: a ban on carrying out an activity involving direct and regular contact with children, imposed after conviction for an offence under Articles 204 to 211b committed against a child, may be imposed as permanent. The provision applies from 22 September 2026.
Killing a woman or another person on grounds of gender is classified as aggravated murder.
A new element has been added to the list of aggravated murders, punishable by at least ten years' imprisonment or long-term imprisonment — the killing of a woman or another person on grounds based on gender Art. 144. That offence previously covered the killing of a child or a pregnant woman but did not single out a gender motive. The change entered into force on 22 September 2026.
A victim of human trafficking is not liable for a coerced misdemeanour.
A new article exempts from liability for a misdemeanour a person who was forced to commit it as a direct consequence of the criminal offence of human trafficking having been committed against them Art. 21a. The provision entered into force on 22 September 2026.
A detained person is immediately informed of the right to a defence lawyer.
On deprivation of liberty, the person must be immediately informed, in their own language or a language they understand, of the reasons for the deprivation of liberty and, at the same time, told that they are not obliged to make any statement, that they have the right to a defence lawyer of their own choosing, to request that a person of their choosing be notified of the deprivation of liberty, as well as the diplomatic or consular representative of the country of which they are a national Art. 166. The change applies from 22 September 2026.
The new law covers ten forms of judicial cooperation with the EU.
The law governs judicial cooperation in criminal matters between Montenegro and the member states of the European Union Art. 1. It covers the European arrest warrant, the European investigation order, the European freezing order and confiscation order, decisions on financial penalties, the transfer of sentences, judgments and decisions imposing probation measures and alternative sanctions, decisions on supervision measures, the European protection order, the establishment of joint investigation teams, and the transfer of proceedings in criminal matters. The law was published on 21 September 2026.
European arrest warrant: at least one year's imprisonment for prosecution.
A European arrest warrant may be issued for criminal prosecution in proceedings for offences punishable by at least one year's imprisonment, where detention has been ordered against the requested person Art. 16. For the enforcement of a sentence, a final judgment imposing at least four months' imprisonment, or at least four months remaining to be served, is sufficient. The issuing authority must revoke the warrant immediately once the requested person has been surrendered, once the statute of limitations expires, or on other grounds.
The European investigation order is used to gather evidence.
A European investigation order may be issued in relation to criminal proceedings, as well as in proceedings initiated by administrative or judicial authorities where the decision may lead to proceedings before a court competent for criminal offences and misdemeanours Art. 47. It may not be issued for the establishment of a joint investigation team or for evidentiary measures in the territory of the Kingdom of Denmark and the Republic of Ireland.
Public Safety and Order
An integrity test is introduced in the Ministry — targeted and random.
A new article introduces the integrity test: a check of an employee's reaction and conduct in a simulated situation identical to their work activities, without any obligation to notify in advance the organisational unit in which the employee works Art. 188a. Testing may be targeted (where specific suspicions or risks exist) or random (preventive). It may be documented by video and audio recording, and the data collected constitutes a special category of personal data. The provision applies from 21 September 2026.
Restraints may be used only where necessary, after a risk assessment.
Previously, a police officer would, as a rule, restrain a person being brought in Art. 102. Now the officer does so where it is necessary in the specific case, on the basis of a risk assessment in the given circumstances. The change entered into force on 21 September 2026.
The Ministry's internal control unit is now operationally independent.
The organisational unit that controls the work of the Ministry is now operationally independent of the Ministry, the Police and other state administration bodies Art. 183. It is required to cooperate with the Police's Internal Control and to exchange the necessary information. The provision applies from 21 September 2026.
Migration and Residence
New citizenship application forms replace the 2008 rulebook.
The rulebook sets out the forms and content of applications for the acquisition and loss of Montenegrin citizenship Art. 1. It provides for eight forms — from acquisition by descent and by birth on the territory, through admission to citizenship, release, loss by operation of law and under international treaties, to re-acquisition. On the day it enters into force, the 2008 Rulebook on the forms and content of applications for the determination, acquisition and loss of Montenegrin citizenship (Official Gazette of Montenegro No. 44/08) ceases to apply Art. 11.
The application for admission to citizenship includes employment and marital data.
The application form for admission to Montenegrin citizenship consists of two pages Art. 5. The first contains data on the person (including the unique personal identification number, citizenship of another country, level and type of educational qualification, occupation) and on the parents; the second contains data on employment (status — employed, unemployed, pensioner, unknown), on marriage or a same-sex life partnership, on the spouse or partner, and a contact telephone number.
The rulebook enters into force on 3 October 2026.
The rulebook enters into force on the eighth day after its publication in the Official Gazette of Montenegro Art. 12. It was published on 25 September 2026, so it applies from 3 October 2026.
Standardization and Conformity
A product placed on the market must comply with all applicable regulations.
A new article sets out general principles: a product placed on the market must comply with all regulations applicable to it, and economic operators are responsible for that compliance depending on their role in the supply chain Art. 2a. They are also required to ensure that all information they provide about their products is accurate and complete. The provision enters into force on 29 September 2026.
By the declaration of conformity, the manufacturer assumes responsibility for the product.
Previously, the manufacturer drew up a declaration of conformity with accurate data on the elements laid down by the technical regulation Art. 19. Now, by drawing up the Declaration of Conformity, the manufacturer assumes responsibility for the product's conformity; the declaration must confirm that the requirements of all technical regulations applicable to the product are met and must contain the number and date of their publication. The manufacturer must keep the Declaration, together with the technical documentation, after placing the product on the market. The provision enters into force on 29 September 2026.
Fines for breaching technical requirements — up to €20,000 for a legal entity.
For misdemeanours relating to non-compliance with technical requirements, a legal entity is fined between €2,000 and €20,000, a responsible person and a natural person between €500 and €4,000, and an entrepreneur between €2,000 and €12,000 Art. 36. The provision enters into force on 29 September 2026.