Montenegro

Criminal Procedure Code of the Republic of Montenegro

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.

Keywords

Fair trial standards
Presumption of innocence
Rights during trial - burden of proof



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