'Rights during trial - examine witnesses' in document 'Montenegro - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part Two
COURSE OF THE PROCEEDINGS

B. PRE-MAIN HEARING PROCEEDINGS

Chapter XVIII
INVESTIGATION

Openness of Investigation

Article 282

(4) The accused person, defense attorney, injured party, and proxy of the injured party may be present at witness hearings.

(5) The State Prosecutor shall notify in a convenient manner the defense attorney, the injured party, proxy of the injured party, and the accused person of the time and place of taking evidence gathering actions they are entitled to attend, unless there is a risk of delay. If the accused person retains a defense attorney, the State Prosecutor shall, as a rule, notify only the defense attorney. If the
accused person is in detention and the evidence-related action is to be performed outside the court seat, the State Prosecutor shall decide whether the presence of the accused person is needed.

(6) The evidence gathering action may be carried out even in the absence of a duly notified person who fails to appear.

(7) Persons attending the evidence gathering actions may suggest that the State Prosecutor poses certain questions to the accused person, witness or expert witness for the purpose of clarification,
and, upon the permission of the State Prosecutor, may pose questions personally. These persons are entitled to request that their objections as to carrying out certain actions be entered in the records
and may propose that certain evidence be examined.

(8) In order to clarify certain technical or other expert issues which arise in relation to the evidence gathered or at the interrogation of the accused person or in the course of undertaking other evidencerelated actions, the State Prosecutor may require that an expert in the relevant field give necessary explanations in regard to those issues. If the parties are present while the explanation is being conveyed, they may request that the expert provide a more detailed explanation. Where necessary, the State Prosecutor may require a specialized institution to provide an explanation.

(9) The provisions of paragraphs 1 through 8 of this Article shall also be applied if the evidence-related action is undertaken before the order of investigation is rendered.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

7. EVIDENTIARY PROCEDURE

Putting questions to witnesses and expert witnesses

Article 350
(1) After the witness or expert witness has been heard, the parties, Chair of the Panel and members of the Panel may put questions to him/her directly, in the consecutive order as determined in Article
342, Paragraph 1 of the present Code. The Injured party, proxy, legal representative and expert witnesses may ask questions directly, subject to the approval of the Chair of the Panel.

(2) The Chair of the Panel shall forbid a question or reject the answer to the question that has already been asked if the question is impermissible (Article 101), or if it does not relate to the case. If the Chair of the Panel forbids a certain question or an answer, the parties may request that a decision on it is taken by the Panel.

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:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute