Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

5. WITNESS

Identification of Persons or Objects

Article 115
(1) If it is needed to establish whether witnesses recognize a certain person or object that they have previously described, that person shall be presented to them, together with other unknown persons whose basic physical characteristics are similar to the ones they have described, or that object, together with other objects of the same or similar kind. Afterwards, witnesses shall be asked to state whether they identify the person or object with certainty and if positive, to indicate the identified person or object.

(2) In the preliminary investigation and in the investigation, identification shall be conducted by the State Prosecutor who shall previously warn and caution witnesses in line with Article 113 paragraph 2 of the present Code.

(3) Identification shall be conducted so that the person who is the object of identification may not see the witness, nor may the witness see that person before idetification commences.

(4) Record shall be composed on the course of identification and on the statements of witnesses and a joint photo taken of persons or objects being identified, and where appropriate, audio or audiovisual recording may be carried out.

Keywords

Identification and whereabouts of persons - national proceedings



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