'Rights during trial - free communication with counsel' in document 'Montenegro - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter VI
DEFENSE ATTORNEY

Right of the Defense Attorney to Inspect Files and Examine Objects

Article 72

(4) When defense attorneys establish that they were unlawfully deprived of the right to inspect and copy files, they may ask the investigative judge to render a ruling so as to allow the defense attorney to inspect and copy files. An appeal shall not be allowed against the ruling of the investigative judge.

Communication between the Accused Person in Detention and the Defense Attorney

Article 73
(1) If the accused persons are in detention, the defense attorney may correspond with them and have conversations without supervision.

(2) The defence attorney shall enjoy the right to have a private conversation with the suspect who is deprived of liberty even before the suspect is interrogated. The control of this conversation before the first hearing shall be allowed only by observing and not by listening.

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:
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence