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Active and passive extraterritoriality are recognized for SEC related offences in all instances under arts. 136 and 137 of the Criminal Code with regards to nationals of Montenegro (but not habitual residents) and only if they are found in/ extradited to Montenegro. Double criminality is required for extraterritorial jurisdiction provisions under article 138(4) of the Criminal Code unless the Supreme Public Prosecutor authorises the prosecution.
SEC related offences can be considered extraditable offences if they are punished both under the law of Montenegro and the law of the requesting state under article 11.1(3)of the Law on Mutual Legal Assistance in Criminal Matters. Nationals of Montenegro cannot be extradited under article 11.1(1). Double criminality is required for extradition under article 11.1(3) of the Law on Mutual Legal Assistance in Criminal Matters.
Criminal Code of Montenegro, Law on Mutual Legal Assistance in Criminal Matters of Montenegro, 2003 (status as of 2018), 2007
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