Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

4. HEARING OF THE ACCUSED PERSON

Instruction on the rights and the manner of Hearing of the Accused Person

Article 100

(2) The accused persons shall be admonished that they are obliged to answer the summons and immediately notify of all changes of address or of intention to change their place of residence and shall be warned of the consequences if they do not act accordingly. Thereafter, the accused persons shall be informed on the rights referred to in Article 8, paragraph 2 and Article 12 paragraph 3 of the present Code, of the offence they are charged with, grounds for suspicion against them, they shall be instructed that they are not obliged to present their defense or answer questions asked, and that their statement may be used as evidence in the procedure even without their consent and they shall be invited to present their defense.

(3) The statement of the accused persons on the rights referred to in paragraph 2 of this Article shall be entered in the record and confirmed by the accused persons’ signatures.

(4) The accused person shall be interrogated verbally. During hearing, the accused persons shall have the right to use their notes.

(5) During hearing the accused person shall be enabled to present without hindrance on all incriminating circumstances against them and to present the facts serving for their defense.

(6) After completing their statements, the accused persons shall
be asked questions if it is necessary to fill gaps or remove contradictions and ambiguities in their presentation.

(7) The accused persons shall be interrogated with full respect for their personalities.

(8) Force, threat, deceit, extortion, exploitation or other means referred to in Article 154, paragraph 5 of the present Code may not be used against the accused person in order to obtain their statement, confession or commission that may be used as evidence against them.

Keywords

Fair trial standards



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