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Law / Montenegro

Criminal Code of Montenegro, Unauthorised Access to a Computer System

Criminal Code of Montenegro Art. 353 (Unauthorised Access to a Computer System), Official Gazette of the Republic of Montenegro Nos. 70/03, 13/04, 47/06 and Official Gazette of Montenegro Nos. 40/08, 25/10, 32/11, 64/11, 40/13, 56/13, 14/15, 42/15, 58/15, 44/17, 49/18

In force.

A computer misuse rule binding public and private bodies.

Obligation class
Access restriction
Audit expectation
none

What it requires

  • Do not access a computer system, in whole or in part, without authorisation.
  • Do not defeat a computer system's protection measures, and do not access without authorisation a computer system of significance to a state authority, local-government authority, or another institution exercising public powers; either raises the offence's maximum penalty.
  • Do not intercept non-public computer data during its transmission to, from, or within a computer system, including electromagnetic emissions.
  • Do not use data obtained through unauthorised access or interception under this article.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

A fine or imprisonment of up to one year for basic unauthorised access (art. 353(1)); a fine or up to three years where a protection measure is defeated or the system is of state or local-government significance (art. 353(2)), the same maximum for illegally intercepting non-public computer data in transmission (art. 353(3)); a fine or up to three years for using data obtained this way (art. 353(4)), rising to six months to five years where grave consequences result (art. 353(5)).

What it makes you log

Logging duty

Article 353 punishes unauthorised access to a computer system, with higher penalties where protection measures are violated or the system serves public authorities, for interception of non-public computer data and for use of data so obtained. It creates no duty to make or keep a record. The Code's general territorial articles (applicability of criminal legislation in the territory of Montenegro and to foreign nationals) are not invoked by article 353, so the hook is left empty.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 353(1) punishes unauthorised access to a computer system, in whole or in part, with a fine or imprisonment of up to one year; the basic offence does not require defeating a security measure. Article 353(2) raises the maximum to three years where the perpetrator violates a computer system's protection measures or accesses a system significant to a state authority, local-government authority, or another institution exercising public powers.

Article 353(3) applies the same three-year maximum to illegally intercepting non-public computer data during its transmission to, from, or within a computer system, including electromagnetic emissions. Article 353(4) punishes using data obtained through any of paragraphs 1 to 3 with a fine or up to three years, rising under Article 353(5) to a term of six months to five years where that use has grave consequences for another person. No commencement notice for this article has been located in the Official Gazette.

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