Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One
GENERAL PROVISIONS

Chapter VIII
MEASURES FOR ENSURING THE PRESENCE OF THE ACCUSED PERSON AND FOR A PEACEFUL CONDUCTING OF THE CRIMINAL PROCEDURE

3. APPREHENSION

Warrant for apprehension

Article 165
(1) The Court or State Prosecutor may order the accused person to be apprehended if the duly summoned accused person has failed to appear without justification, or if the summons could not have been orderly serviced and the circumstances obviously indicate that the accused person is evading the service of summons or if an ruling of detention has been issued.

(2) The police authorities shall execute a warrant for apprehension.

(3) A warrant for apprehension shall be issued in written form. A warrant should contain : name and surname of the accused that is to be apprehended, place and year of birth, statutory title of the criminal offence s/he is charged with, the provision of the Criminal Code prescribing that offence stated, grounds for ordering the apprehension, an official stamp and a signature of the judge or State Prosecutor ordering the apprehension.

(4) The person entrusted with the execution of the warrant shall serve the warrant to the accused person and shall ask the accused person to accompany him/her. If the accused persons refuse to comply they shall be apprehended by force.

(5) The warrant for apprehension issued against military personnel, members of the police authorities and penitentiary staff shall be executed by their headquarters or institution .

Keywords

Arrest
Surrender
Request for arrest and surrender
Cooperation under procedures of national law



EDIT.