Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One
GENERAL PROVISIONS

Chapter I
BASIC RULES

Right to Defense

Article 12
(1) Accused persons shall have the right to defend themselves in person or with the professional assistance of a defence attorney of their own choice from the ranks of attorneys-at-law.

(2) Accused persons shall have the right to have a defence attorney present during their hearing.

(3) Prior to the first hearing the accused persons shall be instructed of their right to retain a defence attorney, to agree with the defence attorney on the manner of defence and told that a defence attorney may be present during their hearing. They shall be cautioned that everything they state may be used as evidence against them.

(4) If the accused persons do not retain a defence attorney by themselves, they shall be appointed an ex officio defence attorney by the court, when stipulated so by the present Code.

(5) Accused persons shall be ensured enough time and possibilities to prepare their defence.

(6) The suspects shall have the right to a defence attorney in accordance with the present Code.

Keywords

Fair trial standards



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