'National procedures for inclusion in programme – witness protection' in document 'Montenegro - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

Protection of Witnesses from Intimidation
Article 120

(1) (1) If reasonable concern exists that by giving a statement or answering certain questions witnesses would put in danger their, their spouse's, close relative's or a close person's life, health, physical integrity, freedom or property of great value, witnesses may withhold from giving the data referred to in Article 113, Paragraph 3 of the present Code, answering certain questions or giving the statement altogether until their protection is secured. If it finds that the refusal to give a statement is manifestly ill-founded, the authority conducting the proceedings shall caution witnesses that fines specified in Article 119 of the present Code may be imposed on them.

(2) Witness protection shall consist of special ways of participating and hearing witnesses in the criminal procedure.

(3) Protection of witnesses and other persons referred to in Paragraph 1 of this Article may be secured beyond the criminal procedure as well, in line with the law regulating witness protection.

(4) The Court shall inform the witness on the rights referred to in paragraphs 1, 2 and 3 of this Article.