'Rights during trial - informed promptly and in detail of charges' in document 'Montenegro - Criminal Procedure Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

6. COMMENCEMENT OF THE MAIN HEARING AND EXAMINATION OF THE DEFENDANT

Clarification of the indictment and Statement of Guilt

Article 339
(1) After the indictment or the private complaint is read or its contents are orally presented, the Chair of the Panel shall ask the defendant if s/he understands the charge. If the Chair of the Panel is convinced that the defendant has not understood the charge, s/he shall present its contents to him/her once again in a manner that is the easiest for the defendant to understand.

(2) Thereafter, the Chair of the Panel shall call on the defendant to, if s/he wish, enter his/her plea on each account of the charge, to state whether s/he admits that s/he has committed the crime s/he is being charged with and whether s/he pleads guilty, and if s/he pleads guilty to present all facts and if s/he pleads not guilty to present his/her defense.

(3) The defendant is not bound to enter his/her plea or to present his/her defense.

(4) Co-defendants who have not been examined cannot be present during the examination of the defendant.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks