'Rights during trial - legal assistance' in document 'Montenegro - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter I
BASIC RULES

Right to Defense

Article 12
(1) Accused persons shall have the right to defend themselves in person or with the professional assistance of a defence attorney of their own choice from the ranks of attorneys-at-law.

Part One
GENERAL PROVISIONS

Chapter I
BASIC RULES

Right to Defense

Article 12

(3) Prior to the first hearing the accused persons shall be instructed of their right to retain a defence attorney, to agree with the defence attorney on the manner of defence and told that a defence attorney may be present during their hearing. They shall be cautioned that everything they state may be used as evidence against them.

Part One
GENERAL PROVISIONS

Chapter I
BASIC RULES

Right to Defense

Article 12

(6) The suspects shall have the right to a defence attorney in accordance with the present Code.

Part One
GENERAL PROVISIONS

Chapter VI
DEFENSE ATTORNEY

Right to a Defense Attorney

Article 66
(1) Accused persons shall have the right to a defense attorney.

(2) The accused person’s legal representative, spouse, direct blood relative, adoptive parent, adopted child, siblings or fosterparent as well as his/her extramarital partner may engage a defense attorney on behalf of the accused person.

(3) Only a member of the Bar may be engaged as defense attorney.

(4) Defense attorneys shall submit their power of attorney to the authority before which the procedure is being conducted. The accused person may also submit power of attorney to the defense attorney orally before the authority conducting the procedure.

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:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it