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

7. EVIDENTIARY PROCEDURE

Examination of witnesses and expert witnesses

Article 347
(1) With regard to the examination of witnesses and expert witnesses at the main hearing, the general provisions regulating their examination shall apply accordingly.

(2) A witness, who has not yet been examined, shall not, as a rule, be present when evidence is presented.

(3) If a witness who is to be examined happens to be minor, the Panel may decide to exclude the public during his/her examination.

(4) If a minor is present at the main hearing in a capacity of the witness or injured party, s/he shall be removed from the Courtroom as soon as his/her presence is no longer needed.

Duties of a witness

Article 348
(1) Before a witness is examined, the Chair of the Panel shall warn him/her of the duty to present to the Court everything s/he knows relating to the case and shall caution minors that giving false testimony constitutes a criminal offence.

(2) The Chair of the Panel may call on the witness to take an oath if s/he has not taken an oath during the examination, and if s/he has already taken such an oath during the investigation, the Chair of the Panel may warn him/her about this oath.

Keywords

Procedure for witness testimony - national proceedings



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