Spans in 'Montenegro - Criminal Procedure Code' tagged with 'Rights during investigation

'Rights during investigation - self incrimination' in document 'Montenegro - Criminal Procedure Code'

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More information about the keyword 'Rights during investigation - self incrimination'
More information about the document 'Montenegro - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter I
BASIC RULES

Rights of Suspects i.e. Accused Persons

Article 4

(3) During the first hearing, the suspects and the accused parties shall be informed that they are not obliged to give any statements whatsoever nor answer the questions they are asked and that all statements they make may be used as evidence.

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 VII
EVIDENTIARY ACTIONS

5. WITNESS

Persons Exempted from the Duty to Testify

Article 109
(1) Unless otherwise prescribed by this Code the following persons shall be exempted from the duty to testify :

1) the accused persons’ spouses and their extra-marital partners ;
2) accused persons` direct blood relatives, collateral blood relatives up to the third degree as well as and their relatives by marriage up to the second degree ;
3) accused persons` adopted children or adoptive parents.

(2) Exemption from the duty to testify referred to in paragraph 1 of this Article shall not relate to persons that were invited to testify in the procedure for the criminal offence of neglecting and abusing a minor, domestic violence or violence in a family community and incest, when a minor person is the injured party.

(3) The court conducting the procedure shall instruct the persons referred to in paragraph 1 of this Article prior to their hearing or as soon as the court learns about their relation with the accused
person that they are not obliged to testify. The instruction and the answer shall be entered in the record.

(4) If grounds exist for a person to refuse to testify with regard to one of the accused persons, that person shall be exempted from the duty to testify with regard to other accused persons as well if his/her testimony may not, by nature of the matter, limited only to other accused persons.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt