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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter I
BASIC RULES

Rights of Detained Persons

Article 5
(1) Persons deprived of liberty by a competent public authority shall be immediately informed in their language or in a language they understand about the grounds for their apprehension and, at the same time, informed that they are not obliged to make a statement, that they have a right to a defence attorney of their own choice and to request that a person of their choosing be informed on their deprivation of liberty as well as a diplomatic consular representative of a state whose nationals they are or a representative of appropriate international organization if they are stateless persons or refugees.

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 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it