Criminal Procedure Code at Montenegro
Montenegro's criminal justice system is governed by the Criminal Procedure Code (Zakonik o krivičnom postupku), adopted on July 27, 2009, and entered into force on August 26, 2009. This comprehensive legal framework outlines the procedures for criminal investigations, prosecutions, trials, and appeals, ensuring the protection of the rights of the accused and the integrity of the judicial process. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
📘 Overview of the Criminal Procedure Code
The Code is designed to facilitate fair and efficient criminal proceedings, aiming to prevent wrongful convictions and ensure that criminal sanctions are imposed only when legally justified. It emphasizes principles such as the presumption of innocence, the right to a defense, and the prohibition of torture and coercion in obtaining confessions. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
⚖️ Key Provisions
Article 1: Establishes the objective of the Code to enable fair conduct of criminal proceedings and ensure that no innocent person is convicted. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
Article 3: Affirms the presumption of innocence, stating that a person shall be considered innocent until proven guilty by a final judgment. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
Article 4: Outlines the rights of suspects and accused persons, including the right to be informed of the charges, the right to remain silent, and the right to legal counsel.
Article 5: Specifies the rights of detained persons, ensuring they are informed of the grounds for their detention and have access to legal representation.
Article 6: Prohibits double jeopardy, stating that no person shall be tried again for a criminal offense they have already been convicted or acquitted of by a final judgment. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
Article 11: Forbids the use of force or coercion to obtain confessions, ensuring that no judgment is based on statements obtained through torture or inhuman treatment. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
Article 12: Guarantees the right to defense, allowing accused persons to defend themselves in person or with the assistance of a defense attorney of their own choice. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
Article 13: Provides for the rehabilitation and compensation of individuals who have been unlawfully or unjustifiably deprived of liberty or unjustifiably convicted. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
Article 15: Ensures the right to a prompt trial, requiring that accused persons be brought before the court as soon as possible and that proceedings be conducted without undue delay. (Criminal Procedure Code of July 27, 2009 (consolidated text), Montenegro, WIPO Lex)
📄 Accessing the Full Text
The full text of the Criminal Procedure Code of Montenegro is available in both Serbian and English on the WIPO Lex platform:
👉 Criminal Procedure Code of July 27, 2009 (consolidated text)
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