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montenegro<br />
1. Bribery in the public sector<br />
Definition of a public official as receiver of gifts and benefits in bribery<br />
related offences<br />
A public official is defined as a person exercising official powers in a<br />
state authority; an elected, appointed or assigned person in a state<br />
authority or local self-government or a person permanently or occasionally<br />
exercising official powers in such bodies; a person in an establishment,<br />
company or other entity charged with exercising public<br />
authority and decision-making on the rights, obligations and interests<br />
of natural persons and legal entities and on the public interest; any<br />
other person who is carrying out official duties in accordance with the<br />
law, by-laws, contracts or arbitration agreements, and a person effectively<br />
charged with carrying out specific official duties and tasks; a<br />
military person in a foreign state who is carrying out legislative, executive,<br />
judiciary or any other public functions for a foreign state, a person<br />
who is carrying out official duties in an international public organisation<br />
and a person who is carrying out judiciary, prosecutorial or any other<br />
function in an international court.<br />
Is it an offence to bribe a public official with the intention that<br />
they act or omit to act contrary to their duties?<br />
Yes.<br />
Is it an offence to bribe a public official with the intention that<br />
they act or omit to act in accordance with their duties?<br />
Yes.<br />
Is there a specific monetary limit up to which a person can offer<br />
gifts to public officials without being held criminally liable?<br />
(e.g., gifts below EUR 100 will not be considered an advantage)<br />
(Geringfügigkeitsgrenze)<br />
No, the Criminal Code does not provide for a specific monetary limit.<br />
But under the law on civil servants and the conflict of interest, a public<br />
official can accept a protocol gift or a holiday gift, if its value does<br />
not exceed EUR 50.<br />
Is it a criminal offence to offer gifts or advantages to public officials<br />
even though there is no connection to a specific action or<br />
omission of the public official (e.g., Christmas gifts, etc)?<br />
No.<br />
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