Spans in 'Montenegro - Constitution' tagged with 'Rights during investigation - arbitrary arrest or detention and deprivation of liberty'

'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Montenegro - Constitution'

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More information about the keyword 'Rights during investigation - arbitrary arrest or detention and deprivation of liberty'
More information about the document 'Montenegro - Constitution'
The relevant provisions of implementing legislation: [1] [2] [3] [4] [5]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Deprivation of liberty

Article 29
Everyone shall have the right to personal liberty.

Deprivation of liberty is allowed only for reasons and in the procedure provided for by law.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Deprivation of liberty

Article 29

Unlawful deprivation of liberty shall be punishable.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Detention

Article 30
Person suspected with reasonable doubt to have committed a crime may, on the basis of the decision of the competent court, be detained and kept in confinement only if this is necessary for the pre-trial procedure.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Detention

Article 30

The duration of detention shall be reduced to the shortest possible period of time.

Detention by the decision of first-instance court may last up to three months from the day of detention, and by the decision of a higher court, the detention may be extended for additional three months.

If no indictment is raised by that time, the detainee shall be released.

Detention of minors may not exceed 60 days.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Respect for person

Article 31
The respect of human personality and dignity in the criminal or other procedure, in case of deprivation or limitation of liberty and during the execution of imprisonment sentence shall be guaranteed.

Any form of violence, inhuman or degrading behavior against a person deprived of liberty or whose liberty has been limited, and any extortion of confession and statement shall be prohibited and punishable.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute