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

'Rights during trial - burden of proof' in document 'Montenegro - Criminal Procedure Code'

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More information about the keyword 'Rights during trial - burden of proof'
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

Presumption of innocence and in dubio pro reo

Article 3
(1) A person shall be considered innocent of a crime until his/her guilt has been established by the final judgment.

(2) Public authorities, media, associations of citizens, public figures and other persons shall respect the rule referred to in Paragraph 1 of the present Article and shall not violate other procedural rules, rights of the accused person and the injured party and the principle of independence of judiciary by their public statements regarding the criminal proceedings that is in progress.

(3) The court shall render a decision that is more favourable for the accused person if once all available evidence are provided and presented in the criminal proceedings, only A suspicion remains with respect to the existence of a significant feature of a criminal offence or as regards facts on which depends an application of a provision of the Criminal Code or the present Code.

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

Principle of Truth and Fairness

Article 16
(1) The court, State Prosecutor and other public authorities participating in the criminal proceedings shall truthfully and completely establish all facts relevant to render a lawful and fair decision, as well as examine and establish with equal attention facts that incriminate the accused person and the ones in his/her favour.

(2) The court shall ensure equal terms to the parties and to the defence attorney as regards the offering, accessing and presenting of evidence.

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:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal