'Rights during trial - burden of proof' in document 'Montenegro - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Presumption of innocence

Article 35
Every one shall be deemed innocent until the guilt thereof has been established by an enforceable court decision.

The accused shall not be obliged to prove the innocence thereof.

The court shall interpret the doubt regarding the guilt to the benefit of the accused.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal