Current Version
| Region | Montenegro |
| Issue | Hate crime protections |
| Status | Sexual orientation and gender identity |
| Start Date | 2023 |
| End Date | (none) |
| Description | Excerpts related to Hate Crimes Article 42a - Special Circumstances for Sentencing for a Hate Crime (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 040/13 of 13.08.2013, Article 3) (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 044/17 of 06.07.2017, Article 6) (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 110/23 of 12.12.2023, Article 5) (1) When the criminal offence was committed out of hatred of another person due to national or ethnic affiliation, affiliation with race or religion or due to absence of such affiliation, disability, nationality or due to differences in political or other beliefs, sex, language, the colour of skin, education, social status, social background, sexual orientation, gender identity or disability, the court 16 shall consider such circumstance as an aggravating circumstance unless it is prescribed as an element of a basic criminal offence or an aggravated criminal offence. (2) When a criminal offence is committed against a person who belongs to a particularly vulnerable category of persons (children, persons with disabilities, pregnant women, elderly persons, refugees) such a circumstance shall be taken as aggravating by the court. |
| Sources | https://hatecrime.osce.org/hate-crime-legislation-montenegro |
Revision History (1)
| Original entry | |
|---|---|
| Status | Sexual orientation and gender identity |
| Start Date | 2023 |
| End Date | (none) |
| Description | Excerpts related to Hate Crimes Article 42a - Special Circumstances for Sentencing for a Hate Crime (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 040/13 of 13.08.2013, Article 3) (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 044/17 of 06.07.2017, Article 6) (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 110/23 of 12.12.2023, Article 5) (1) When the criminal offence was committed out of hatred of another person due to national or ethnic affiliation, affiliation with race or religion or due to absence of such affiliation, disability, nationality or due to differences in political or other beliefs, sex, language, the colour of skin, education, social status, social background, sexual orientation, gender identity or disability, the court 16 shall consider such circumstance as an aggravating circumstance unless it is prescribed as an element of a basic criminal offence or an aggravated criminal offence. (2) When a criminal offence is committed against a person who belongs to a particularly vulnerable category of persons (children, persons with disabilities, pregnant women, elderly persons, refugees) such a circumstance shall be taken as aggravating by the court. |
| Sources | https://hatecrime.osce.org/hate-crime-legislation-montenegro |