This page provides information on the national frameworks to address hate crime in Montenegro. The information provided here should be viewed alongside data presented on Montenegro's hate crime report page.

Hate crime recording and data collection

The Police do not have any specific data collection procedures for recording hate crimes.

Hate crimes can be reported to the police in person, by phone, anonymously, through the operational work of officials, or based on public information. Hate crimes are recorded using the same methodology as all other criminal offences. The case is then recorded via an electronic application in the register of criminal offences and in the Criminal Register.

When an offence is recorded, the competent state prosecutor is informed. If the prosecutor qualifies the event as a "criminal offence", the police officer submits a criminal charge in writing to the competent prosecution office and the records unit.

The Police do not have databases or forms specifically for recording hate crimes. Based on the experience, the motives for these offences include national or religious affiliation, discrimination based on sexual orientation and gender identity, and LGBTIQ affiliation. The Criminal Code recognizes the following criminal offences that may have characteristics of a hate crime, namely: Endangering security (Article 168), Violation of freedom of religion and practising religious rites (Article 161), Inciting national, racial and religious hatred (Article 370), and Violent behaviour (Article 399). All reported incidents, including those that do not reach the threshold of a crime, are monitored and, depending on the severity of the incident, criminal or misdemeanour charges are brought by prosecutors or misdemeanour judges and further processed by the competent judicial authorities.

In judicial statistics, hate crimes are included under their respective base offence, without specifying the bias motive. There is no recording system specifically for hate crimes. The Judicial Council is responsible for ensuring the use, functionality and uniformity of the Judicial Information System (PRIS) concerning the courts. The system is used by all courts to generate court statistics, monitor cases, manage some aspects of case management, and communicate with the parties involved. PRIS also collects comprehensive statistical data, which are included in annual court reports.

The PRIS system enables users to follow a court case from start to finish, and provides detailed statistical reports on various indicators, including: the total number of cases in progress, the number of completed and unfinished cases, the type of decision (conviction, acquittal or refusal), as well as the type and the amount of the criminal sanction in conviction cases. Other sources for data collection are manual records maintained by the courts. There is no dedicated category for hate crimes; they are recorded like other cases, according to the article of the law under which the criminal offence is classified. All final court decisions are regularly anonymised and published on the courts' websites.

The Supreme State Prosecutor's Office has developed Guidelines for state prosecutors on prosecuting criminal offences committed out of hatred and hate speech offences. The Guidelines determine the contact person for monitoring the actions of state prosecutors in those cases, how records are kept, ensuring timely reporting, and standardizing prosecutorial practice and procedures in cases of hate crime and hate speech. The Annual Report of the Supreme State Prosecutor's Office and other prosecutor's offices mentions criminal offences by type.

The Ministry of Internal Affairs and Police Administration do not conduct victimization surveys

Hate crime victim support

Montenegro provides support to victims of hate crimes as part of its general victim support system.

The general victim support system focuses mostly on victims of domestic violence, trafficking and child victims. Victim support services are available in all courts that handle relevant cases and provide information on judicial procedures, rights and obligations, available protection measures, and other issues related to providing testimony in court.

Specialized services for hate crime victims are mostly delivered by civil society organizations (CSOs). However, these services are not fully integrated into the general victim support system, and co-operation with state institutions is not always formalized.

The state offers support to specialized service providers in the form of small annual grants. Although specialized service providers are mostly based in the capital, their activities cover the entire country, and some have branch offices in other cities. The services they offer include shelters, psychological assistance, social support, mediation, and legal aid and representation. There are no state quality standards for the provision of these services.

There are 11 victim support service providers licensed to provide counselling services to victims of violence or those at risk of becoming victims. There is also a helpline that provides free-of-charge, confidential assistance, referrals and counselling with the aim of protecting callers from violence, neglect, abuse, and social risks. The helpline is available 24 hours a day for the entire territory of the country.

On contact with the victim, police officers conduct a basic individual needs assessment (INA). A different model of INA is undertaken by CSOs working on these issues. Police or prosecutors refer victims to either general or specialized service providers. Victims often contact these providers before reaching out to the authorities. Some police stations in the country are equipped to enable special conditions for interviewing victims.

Under Montenegro's law, restorative justice solutions are available.

A proposal for the Law Amending the Criminal Procedure Code contains new provisions that aim to strengthen the position of victims in criminal proceedings. The provisions would grant crime victims the right to access specialist services, the right to effective psychological and other specialized assistance, as well as support from a service, organization or institution aiding victims of crime.

The proposed amendment further provides victims with the right to protection from intimidation and retaliation, protection of their dignity while testifying, the right to be heard without undue delay, the right to be accompanied by a trusted person during procedural actions, and the right to receive information on the progress and outcome of criminal proceedings. Victims are also entitled to be informed about measures affecting their safety, including the release of an accused or convicted person, and may receive specialized assistance in pursuing compensation claims where they have suffered serious consequences as a result of the criminal offence.

The amendment would also introduce a process for individually assessing victims' needs. Accordingly, the competent authority, in co-operation with a specialized victim support service, would assess the victim's personal characteristics, the nature and circumstances of the offence, its consequences, and the victim's need for protection and support measures. The proposed assessment is intended to identify the specific needs of each victim and ensure an individualized approach throughout the proceedings.

Pursuant to Article 58(3) of the Criminal Procedure Code, the injured party, the subsidiary prosecutor and the private prosecutor have the right to inspect the case file and examine items serving as evidence. The injured party may, however, be denied access to the case file until the order opening the investigation has been issued or until he or she has been examined as a witness.

The amendment also includes the establishment of specialized victim support services within the High Courts and High State Prosecutors' Offices. These services would be staffed by psychologists, social workers, special education professionals and other experts, and would provide professional assistance, expert opinions, information and support to courts, prosecutors and police. They would also co-operate with social welfare and child protection institutions.

The proposed provisions further require courts, prosecutors and police to treat victims with consideration and respect, provide information in a manner that victims can understand, ensure that victims are informed of their rights, and explain the implications of participating in criminal proceedings as injured parties. These measures are aimed at ensuring a victim-centred approach and facilitating the effective participation of victims in the criminal justice process.

Hate crime capacity building

In Montenegro, hate crime training for prosecutors, judges and other criminal justice professionals is delivered through both initial (pre-service) and in-service training. The Centre for Training in the Judiciary and State Prosecution develops and delivers training activities to the judiciary. It often closely co-operates with international organizations and civil society organizations. Hate crime training is integrated into the Initial Training Programme for candidates for the role of judge and candidates for the role of state prosecutor. The training is compulsory and delivered as a one-day module covering the concept and nature of hate crime, the legal framework, and criminal law protection in hate crime cases, with particular emphasis on violence against LGBTI persons and hate crime cases in Montenegro. Judges and state prosecutors must complete at least two days of annual in-service training based on their professional interests. Hate crime topics are integrated into these annual training programmes.

Montenegro's judicial training framework combines mandatory initial and optional in-service programmes, placing particular emphasis on recognizing bias motivations, applying domestic and international legal standards, prosecuting hate crimes effectively, combating hate speech and discrimination, and ensuring the respectful and sensitive treatment of victims, especially members of the LGBTI community.