The Criminal Code of Montenegro (“Official Gazette of the RoM” 70/2003, 13/2004, 47/2006 and “Official Gazette of MNE” 40/2008) defines criminal acts with elements of corruption:

- The misuse of an official position exists in cases when an official uses his/her position or powers, exceeds the limits of his/her official powers or fails to execute his/her official duties and thereby acquires a benefit to himself or to another, or causes damage to another person or seriously violates the rights of others.

Depending on the type of the criminal act, the legally prescribed punishment includes imprisonment for a term between six months and ten years;

- Lack of Commitment in Office exists in cases when an official person breaches the law or otherwise  acts in a clearly unconscientious manner in the discharge of his official duties, although being aware of the fact that such an action of his/hers may result in a serious violation of rights of others or a property damage. The prescribed punishment includes a fine or imprisonment for a term of up to five years;

- Illegal collection and disbursement exist in cases when official or responsible person collects from another something which the latter is not obligated to pay, or in excess of what he is obligated to pay, or who delivers or pays less than required during a payment or a delivery. The prescribed punishment includes a fine or imprisonment for a term up to three years;

- Fraud in Office exists in cases when an official or responsible person, with an aim of acquiring an unlawful property gain for himself or another, by submitting false accounts or in some other way deceives an authorised person into making an illegal disbursement.

Depending on the type of the criminal activity, the prescribed punishment includes imprisonment for a term between six months and ten years;

- Embezzlement in Office exists in cases when a person, with an aim of acquiring unlawful property gain for himself or another, appropriates money, securities or other movables entrusted to him by virtue of his office. Depending on the type of the criminal activity, the prescribed punishment includes imprisonment for a term between six months and ten years;

- Using Property of the Office exists in cases when a person makes an unauthorised use of money, securities or other movables entrusted to him by virtue of his office or without authorisation confers these things to another person for unauthorised use. Depending on the type of the criminal activity, the prescribed punishment includes imprisonment for a term between three months and five years;

- Illegal Interceding exists in cases when a person accepts a reward or any other benefit for interceding that an official act be or not be performed, taking advantage of his official or influential position.  Depending on the type of the criminal activity, the prescribed punishment includes imprisonment for a term between three months and eight years;

- Accepting Gifts exists in cases when an official demands or accepts a gift or any other benefit or who accepts a promise of a gift or a benefit in order to perform within the scope of his official powers an act, which ought not to be performed by him, or for the omission of an act, which ought to be performed by him. The prescribed punishment includes imprisonment for a term between three months and twelve years;

- Giving Gifts exists in cases when a person gives or promises a gift or any other benefit to an official or responsible person in order that he performs within the scope of his official powers of an act, which ought not to be performed by him, or abstains from performing of an act which ought to be performed by him, or when someone mediates in such bribing of the official or responsible person. The prescribed punishment includes imprisonment for a term between six months and five years;

- Disclosure of an official secret exists in cases when an official without authorization communicates, conveys or in any other way makes accessible to another person information which constitutes an official secret, or who obtains such information with the  aim of conveying it to an unauthorized person. Depending on the type of  criminal activity, the prescribed punishment includes imprisonment for a term from three months to five years;

- Money Laundering exists in cases when a person through banking, financial or other business operations  conceals money or other property acquired through the perpetration of a criminal offence. The prescribed punishment for this type of criminal offence is from six to twelve months.

- Violation of equality in performing economic activities exists in cases when someone misusing his official position or powers, restricts the free or independent cooperation between a company or other business entity to perform business operations on the economic territory of Montenegro, denies or restricts the right of a business enterprise to engage in business operations on a certain territory, or puts a business enterprise in an unequal position in relation to other companies regarding the work conditions or restricts free business operations. The prescribed punishment for this type of criminal offence is from three months to five years.

- Abuse of monopolistic position exists in cases where a responsible person in a company or other business entity who has the capacity of a legal person or an entrepreneur, who through abuse of a monopolistic or dominant position or by entering into monopolistic contracts causes market disruptions or brings that entity into a more favourable position in relation to others, so as to make a material gain for that entity or for another entity or impose damage to other business entities, consumers or users of services. This behaviour shall be punished by an imprisonment sentence of three months to five years.

- Causing a bankruptcy procedure exists in cases where a responsible person in a company or other business entity having the capacity of a legal person who, through irrational spending of means or their selling at an extremely low price, by excessive getting into debt, by undertaking too large obligations, by concluding contracts with persons who are incapable of payment, by omitting to collect claims in a timely manner, by destroying or concealing property or by other acts which are not in conformity with a conscientious conduct of business activities causes bankruptcy and thereby causes damage to another. This type of a criminal offence is subject to imprisonment sentence of three months to five years.

- Causing false bankruptcy exists in cases when a responsible person in a company or another business entity who has the capacity of a legal person or an entrepreneur who, with the intention for that entity to evade paying duties, causes bankruptcy of that entity by a seeming or a real decrease of their property in the following way: by covering up the entire or a part of the property of a business entity, by seemingly selling, selling below the market value or by relinquishing it free of charge; by concluding fictitious contracts on debt and recognizing non-existing claims, by covering up, destroying or altering business books a company or a business entity is subject to keep under law so that it is not possible to observe from them the actual business results or the condition of assets or liabilities or by presenting that condition by use of false reports or in any other manner to be such that on these grounds it is possible to declare itself bankrupt. This type of criminal offence is subject to an imprisonment sentence of six months to ten years.

- False balance exists in cases when anyone who, with the intention of obtaining some benefit for him/herself or for another or to inflict some harm to another, compiles in a company or another economic entity a false balance determining the profit or loss of that entity or determining the share of each member of a company in the profit or loss. This type of criminal offence is subject to an imprisonment sentence of three months to five years.

- Abuse of assessment exists in cases when an authorized assessor who upon assessment of property of a company or another economic entity abuses his/her authority and thereby makes profit for him/herself or for another or causes damage to another. This type of criminal offence is subject to an imprisonment sentence of three months to ten years.

- Revealing a business secret exists in cases when anyone who without authorization communicates to another, hands over or in any other way makes available data representing a business secret or who obtains such data with the intention to hand them over to an unauthorized person. Business secret are considered to be data and documents which by law, other regulations and decisions of competent authorities passed on the basis of law, are proclaimed a business secret, revealing of which would or could cause harmful consequences for a company or other business entity. This type of criminal offence is subject to an imprisonment sentence of three months to ten years.

- Revealing and using a stock-exchange secret exists in cases when anyone who reveals business data from stock-exchange operations or operations of a stock-exchange broker considered to be a stock-exchange secret to an unauthorized person or who comes by such data and upon using them makes material gain. This type of criminal offence is subject to imprisonment of three months to five years.

- Abuse of authority in economy exists in cases when a responsible person in a company or some other economic entity who has the capacity of a legal person or entrepreneur who, with the intention of obtaining an unlawful property gain for the legal person in which he is employed, for another legal person or another business entity with the capacity of a legal person: creates or holds illicit value funds including money, goods or other things in the country or abroad; makes documents with false contents, false balance, estimates or through interventions or covering up of facts, falsely presents the condition or development of assets and business results, so deceiving the management authorities in the company or in another legal person on the occasion of decision making in management affairs,  or places the company in a more favourable position or other legal person on  the occasion of obtaining resources or other privileges which would not be due to them according to the existing regulations; in relation to the fulfilment of tax duties or in relation to the payment of other dues reduces the amount of resources representing public revenue; uses resources he disposes of contrary to their purpose; in some other manner gravely violates his/her authority pertaining to management, disposing and use of property.  This type of criminal offence is subject to imprisonment of three months to ten years.