Montenegro Adopts New Asset Forfeiture Legislation and Amendments to the Criminal Code
On the fourth day of the Sixth Extraordinary Session, held on September 3rd, 2026, the Parliament of Montenegro adopted the Law on Forfeiture of Assets Acquired through Criminal Activity and the Law on Amendments to the Criminal Code.
The purpose of these legislative measures is to strengthen legal mechanisms in criminal proceedings concerning corruption and organized crime as well as to fulfil the requirements set out in Chapters 23 and 24 of Montenegro’s EU accession negotiations.
The new Law on Forfeiture of Assets Acquired through Criminal Activity prescribes requirements and procedures for the seizure of property obtained through criminal activity, as well as the management of such property. The key novelty is Article 2, which enables the court to order the permanent forfeiture of assets acquired through criminal activity upon confirmation of the indictment, i.e., before the judgment becomes final (non-conviction-based asset forfeiture).
Furthermore, the law introduces additional measures available to courts in organized crime cases, including the seizure of reinvested proceeds of crime and the imposition of temporary measures on other assets, including cryptocurrencies, to secure confiscation.
With regard to the amendments to the Criminal Code, the new provisions introduce a criminal offence entitled “Illicit enrichment in connection with the exercise of a public function”, prescribing prison sentences ranging from six months to eight years for public officials and related persons who, during their term of office, acquire, transfer, or conceal assets that are disproportionate to their lawful income and whose value exceeds €50,000 and €100,000, respectively.
Prepared by:
Tijana Davidovic
and,
Daniel Vujacic