'Sanctions for misconduct before the court - national proceedings' 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

Maintaining order during Investigation

Article 285
(1) During the course of the evidence gathering process, the State Prosecutor or investigative judge shall maintain order and protect participants in the proceedings from insults, threats and any other form of assault.

(2) A fine not exceeding € 1,000 may be imposed on a participant in the proceedings or other person who, during the evidence gathering process and after given caution, has been disturbing order, givingm the participants of the proceedings offenses, or endangering their safety ; The investigative judge shall impose the abovementioned fine at his/her own discretion or upon a motion by the State Prosecutor. If the presence of such person is not necessary, the person may be removed from the place where the evidence gathering action is being carried out.

(3) The accused person may not be fined but s/he may be taken away from the place where the evidence gathering action is being carried out.

(4) If the State Prosecutor disturbs the order, the investigative judge shall proceed pursuant to the provision from Article 321 Paragraph 5 of the present Code.