Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

6. COMMENCEMENT OF THE MAIN HEARING AND EXAMINATION OF THE DEFENDANT

Confession

Article 340
(1) If the defendant has pleaded guilty to all counts of the indictment, the Panel may, upon having heard the defendant and after the prosecutor and the defense attorney make a statement thereon, decide not the examine the evidence relating to the criminal offence covered by the indictment and to the guilt of the defendant, but solely the evidence that can affect the decision on a criminal sanction, if it finds :

1) that the confession is clear and complete and that the defendant has explained all the crucial facts which relate to the offence and his/her guilt ;
(2) that the confession was made voluntarily, consciously and that the defendant has understood all possible consequences, including the satisfaction of the claims under property law and reimbursement of the expenses of the criminal proceedings ;
(3) that the confession is in line with the evidence contained in the indictment and that there is no evidence indicating that the admission of guilt is false.

Keywords

National proceedings on admission of guilt



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