IP/N/1/MNE/O/7  
 
9 April 2013  
(13-1806)  Page: 1/229  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 
 NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND  
REGULATIONS UNDER ARTICLE 63.2  
 OF THE TRIPS AGREEMENT  
 
MONTENEGRO  
This document reproduces the consolidated text1 of the Criminal Procedure Code, as notified by 
Montenegro on 21 February 2013 under Arti cle 63.2 of the Agreement (see document 
IP/N/1/MNE/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
  
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
M
ONTÉNÉGRO  
Le présent document contient le texte1 consolidé du Code de procédure pénale, notifié par le 
Monténégro le 21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/MNE/1).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
  
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
M
ONTENEGRO  
En el presente documento se reproduce el texto refundido1 del Código del Procedimiento Penal, 
notificado por Montenegro el 21 de febrero de 2013 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).  
                                               
1 In English only. The text in Montenegrin is available for consultation at the WTO Secretariat on 
request./En anglais seulement. Le texte monténégrin peut être consulté, sur demande, auprès du Secrétariat 
de l'OMC./En inglés solamente. El texto en montenegrino se puede consultar, previa solicitud, en la Secretaría 
de la OMC. 
  
  PP 3-229 - Offset (Pdf file attached) 
PP 3 à 229 - Offset (fichier Pdf joint) PP 3-229 - Offset (fichero Pdf adjunto)  THE CRIMINAL  PROCEDURE CODE 
(Official Gazette of Montenegro, no. 57/09 and 49/10) 
Part one 
GENERAL PROVISIONS 
Chapter I 
BASIC RULES  
 
Scope and Objective of the Code 
Article 1 
The present Code sets forth the rules with the objective to enable 
a fair conduct of the criminal proceedings and ensure that no 
innocent person be convicted and that a criminal sanction be 
imposed on a criminal offender under the conditions provided for 
in the Criminal Code and on the basis of legally conducted 
proceedings. 
 
Principle of Legality 
Article 2 
(1) A criminal sanction may be imposed on the perpetrator only 
by the competent Court in the proceedings initiated and 
conducted in compliance with the present Code. 
(2) Freedom and other rights of the accused person may be 
limited prior to the rendering of the final judgment, only under 
the conditions set forth in the present Code. 
 
Presumption of Innocence and in dubio pro reo  
Article 3 
(1) A person shall be considered innocent of a crime until his/her 
guilt has been established by the final judgment. 
(2) Public authorities, media, associations of citizens, public 
figures and other persons shall respect the rule referred to in 
paragraph 1 of the present Article and shall not violate other 
procedural rules, rights of the accused person and the injured 
party and the principle of independence of judiciary by their 
public statements regarding the criminal proceedings that is in 
progress. 
(3) The court shall render a decision that is more favourable for 
the accused person if once all available evidence are provided 
and presented in the criminal proceedings, only a suspicion 
remains with respect to the existence of a significant feature of a 
criminal offence or as regards facts on which depends an 
application of a provision of the Criminal Code or the present 
Code. 
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  2Rights of Suspects i.e. Accused Persons 
Article 4 
(1) At the first hearing, the suspects shall be informed about the 
criminal offence they are charged with as well as the grounds for 
suspicion against them. 
(2) Suspects shall be provided with an opportunity to make a 
statement regarding all the facts and evidence incriminating them 
and to present all facts and evidence in their favour. 
(3) During the first hearing, the suspects and the accused parties 
shall be informed that they are not obliged to give any statements 
whatsoever nor answer the questions they are asked and that all 
statements they make may be used as evidence. 
 
Rights of Detained Persons 
Article 5 
(1) Persons deprived of liberty by a competent public authority 
shall be immediately informed in their language or in a language 
they understand about the grounds for their apprehension and, at 
the same time, informed that they are not obliged to make a 
statement, that they have a right to a defence attorney of their 
own choice and to request that a person of their choosing be 
informed on their deprivation of liberty as well as a diplomatic 
consular representative of a state whose nationals they are or a 
representative of appropriate international organization if they 
are stateless persons or refugees. 
(2) Persons deprived of liberty without a judgment shall be 
brought immediately before the competent State Prosecutor with 
the exception of cases provided for in the present Code. 
 
Ne bis in idem  
Article 6 
(1) No person shall be tried again for a criminal offence s/he has 
already been convicted or acquitted of by a final judgment with 
the exception of cases provided for in the present Code. 
(2) The prohibition referred to in paragraph 1 of this Article shall 
not prevent the repetition of the criminal procedure in line with 
this Code.  
 
Official Language in Criminal Proceedings 
Article 7 
(1) In criminal proceedings, the official language shall be the 
Montenegrin language.  
(2) In courts having jurisdiction over the territory in which members 
of minority nations and other minority ethnic communities 
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  3(hereinafter: minorities) constitute a substantial part of inhabitants, 
their respective language shall be in the official use in criminal 
proceedings in accordance with law. 
 
Right to Use One’s Own Language in Criminal Proceedings 
Article 8 
(1) The criminal proceedings shall be conducted in the 
Montenegrin language. 
(2) Parties, witnesses and other persons participating in the 
proceedings shall have the right to use their own language or the 
language they understand in the proceedings. If proceedings are 
not conducted in a language those persons understand, 
interpretation of statements and translation of documents and 
other written evidence shall be provided. 
(3) Persons referred to in paragraph 2 of this Article shall be 
instructed of their right to interpretation, and they may waive that 
right if they understand the language in which the proceedings 
are being conducted. A note shall be made in the record that the 
participants of the proceedings have been so instructed, and their 
statement thereto shall also be recorded. 
(4) Interpretation shall be entrusted to an interpreter. 
 
Language Used for Presenting Submissions to Courts and for 
Remitting Submissions by Courts  
Article 9 
(1) Complaints, appeals and other submissions shall be filed to 
the court in the Montenegrin language. 
(2) Persons deprived of liberty may file submissions to the court 
in their language or in the language they understand. 
(3) Court shall issue summonses, decisions and other writs in the 
Montenegrin language. 
(4) If the language of a minority is also in the official use in the 
court, the court shall deliver writs in that language to persons 
belonging to the respective national minority if they have used 
that language in the course of the proceedings. Those persons 
may request that writs be delivered to them in the Montenegrin 
language. 
(5) An accused person in detention, a person serving a sentence 
or a person against whom a security measure in a medical 
institution is being enforced, shall also receive a translation of 
the writs referred to in paras. 1 and 3 of this Article in the 
language used by this person during the proceedings. 
 
 
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  4Communication between Courts of Law in the Language That Is 
in Official Use in Courts  
Article 10 
The correspondence and legal assistance between courts shall be 
carried out in the Montenegrin language. If a writ is composed in 
the language of a minority and it is sent to a court in which that 
language is not officially used, a translation into the Montenegrin 
language shall be attached. 
 
Prohibition of Use of Force and Extortion of a Confession 
Article 11 
(1) It shall be forbidden to threaten or exert violence over a 
suspect, accused person or another person participating in the 
procedure, as well as to extort confession or another statement 
from such persons. 
(2) No judgment shall be based on any confession or other 
statement obtained by extortion, torture or inhuman or degrading 
treatment. 
 
Right to Defense 
Article 12 
(1) Accused persons shall have the right to defend themselves in 
person or with the professional assistance of a defence attorney 
of their own choice from the ranks of attorneys-at-law. 
(2) Accused persons shall have the right to have a defence 
attorney present during their hearing. 
(3) Prior to the first hearing the accused persons shall be 
instructed of their right to retain a defence attorney, to agree with 
the defence attorney on the manner of defence and told that a 
defence attorney may be present during their hearing. They shall 
be cautioned that everything they state may be used as evidence 
against them. 
(4) If the accused persons do not retain a defence attorney by 
themselves, they shall be appointed an ex officio  defence 
attorney by the court, when stipulated so by the present Code. 
(5) Accused persons shall be ensured enough time and 
possibilities to prepare their defence. 
(6) The suspects shall have the right to a defence attorney in 
accordance with the present Code. 
 
Right to Rehabilitation and Compensation of Damages 
Article 13 
Persons who have been unlawfully or unjustifiably deprived of 
liberty of unjustifiably convicted shall have the right to 
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  5rehabilitation, the right to compensation of damages from the 
state, as well as other rights as stipulated by law. 
 
Instruction on the Rights of Accused Persons or Other 
Participants in the Proceedings  
Article 14 
The court, the State Prosecutor and other public authorities 
participating in the proceedings shall instruct the suspects i.e. 
accused persons or other participants in the proceedings, who are 
likely to omit to perform an action in the proceedings or fail to 
exercise their rights because of that, of the rights they are entitled 
to pursuant to the present Code as well as of the consequences of 
the failure to act. 
 
Right to a Prompt Trial 
Article 15 
(1) The accused persons shall have the right to be brought before 
the court in the shortest possible time and to a prompt trial. 
(2) The court shall be obliged to conduct the proceedings without 
delays and to prevent all abuses of rights that are vested in 
participants in the proceedings. 
(3) The duration of detention and other forms of restrictions of 
freedom shall be reduced to the shortest necessary time. 
 
Principle of Truth and Fairness 
Article 16 
(1) The court, State Prosecutor and other public authorities 
participating in the criminal proceedings shall truthfully and 
completely establish all facts relevant to render a lawful and fair 
decision, as well as examine and establish with equal attention 
facts that incriminate the accused person and the ones in his/her 
favour. 
(2) The court shall ensure equal terms to the parties and to the 
defence attorney as regards the offering, accessing and presenting 
of evidence.  
 
Free Evaluation of Evidence and Legally Invalid Evidence 
Article 17 
(1) Courts and State Prosecutors shall appraise the existence or 
non-existence of facts on which to base their decisions at their 
discretion. 
(2) Judgments may not be founded on evidence that have been 
obtained by violating human rights and fundamental freedoms 
guaranteed by the Constitution or by ratified international 
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  6treaties or on evidence obtained by violating the criminal 
proceedings provisions as well as other evidence obtained 
therefrom, nor may such evidence be used in the proceedings. 
 
Accusatory Principle 
Article 18 
(1) Criminal proceedings shall be initiated and conducted in line 
with the indictment of an authorised prosecutor. 
(2) For criminal offences that are prosecuted ex officio , the 
authorised prosecutor shall be the State Prosecutor whereas for 
criminal offences prosecuted upon a private action, the 
authorised prosecutor shall be a private prosecutor. 
(3) If a State Prosecutor determines that there are no grounds for 
the institution or conduct of criminal proceedings, the injured 
party acting as a subsidiary prosecutor may assume his/her role, 
under the terms stipulated by the present Code. 
 
Principle of Legality of Criminal Prosecution 
Article 19 
Unless otherwise prescribed by the present Code, the State 
Prosecutor shall initiate prosecution when there is reasonable 
suspicion that a certain person has committed a criminal offence 
that is prosecuted ex officio.  
 
Adjudication by a Panel 
Article 20 
(1) In the criminal proceedings a panel shall adjudicate in courts. 
(2) An individual judge shall adjudicate in the first instance court 
when prescribed so by the present Code. 
 
Restrictions of Certain Rights Caused by the Initiation of a 
Criminal Proceedings  
Article 21 
When it is prescribed that the initiation of criminal proceedings 
entails the restriction of certain rights, such restrictions, unless 
otherwise provided for by law, shall commence when the 
indictment enters into force, and for criminal offences for which 
the principal penalty prescribed is a fine or imprisonment up to 
five years, those consequences shall commence as of the day the 
sentence is rendered, regardless of whether it has become final or 
not. 
 
 
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  7Definition of Terms 
Article 22 
Certain terms used in the present Code shall have the following 
meaning: 
1) suspects are persons against whom the competent 
public authority has undertaken an action because there are 
grounds for suspicion that they had committed a criminal 
offence, but order for initiation of investigation has not yet been 
issued or a direct indictment has not been filed against them; 
2) accused persons  are persons against whom an order on the 
conduct of investigation, indictment, bill of indictment or private 
action was issued or person against whom a special procedure was 
initiated for the enforcement of security measures of mandatory 
psychiatric treatment and confinement in a medical institution and 
mandatory psychiatric treatment while at freedom; the term accused 
person may be used in the criminal proceedings as a general term 
for the accused, defendant and convicted person; 
3) defendants  are persons against whom the indictment has 
entered into force; 
4) convicted  persons are persons whose criminal liablility 
for a particular criminal offence was established by a final verdict 
or a final ruling on punishment; 
5) injured parties  are persons whose personal or property 
right of some type was violated or endangered by a criminal 
offence; 
6) prosecutors  are State Prosecutors, private prosecutors 
and subsidiary prosecutors; 
7) parties are the prosecutor and the accused person; 
8) organized crime  implies the existence of grounds for 
suspicion that a criminal offence punishable under law by an 
imprisonment sentence of four years or a more severe sentence is 
a result of the action of three or more persons joined into a 
criminal organization, i.e. criminal group, acting with the aim of 
committing serious criminal offences in order to obtain illegal 
proceeds or power, in case when at least three of the following 
conditions have been met:  
a) that every member of the criminal organization, i.e. 
criminal group has had an assignment or a role defined in advance 
or obviously definable; 
b) that actions of the criminal organization, i. e. criminal 
group have been planned for a longer period of time or for an 
unlimited period; 
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  8c) that activities of the criminal organization, i. e. group 
have been based on the implementation of certain rules of internal 
control and discipline of its members; 
d) that activities of the criminal organization, i.e. criminal 
group have been planned and performed in international 
proportions; 
e) that activities of the criminal organization, i.e. criminal 
group include the application of violence or intimidation or that 
there is readiness for their application; 
f) that activities of the criminal organization, i.e. criminal 
group include economic or business structures; 
f) that activities of the criminal organization, i.e. criminal 
group include the use of money laundering or unlawfully acquired 
gain; 
i) that there is an influence of the criminal organization, i.e. 
criminal group or its part upon the political authorities, media, 
legislative, executive or judiciary authorities or other important 
social or economic factors. 
 
Chapter II 
JURISDICTION OF COURTS 
1. SUBJECT MATTER JURISDICTION AND 
COMPOSITION OF COURTS 
 
Subject Matter Jurisdiction 
Article 23 
Courts shall adjudicate within the limits of their subject matter 
jurisdiction prescribed by law. 
 
Composition of Court and Effective Court Jurisdiction 
Article 24 
(1) Courts shall adjudicate in the first instance in a panel 
composed of three judges with the exception of case referred to in 
paragraph 2 of this Article.  
(2) For criminal offences for which the prescribed principal 
punishment is a fine or imprisonment for a term of up to ten 
years, a single judge shall adjudicate in the first instance, with the 
exception of offences of the organized crime or unless otherwise 
prescribed by law. 
(3) The second instance courts shall adjudicate in a panel 
composed of three judges.  
(4) The third instance courts shall adjudicate in a panel composed 
of five judges, with the exception of case referred to in paragraph 
10 of this Article. 
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  9(5) Preliminary investigation and investigation shall be 
participated by an investigative judge of a first instance court in 
line with this Code. 
(6) The President of the Court and the Chair of the Panel shall 
decide in cases prescribed by the present Code. 
(7) The first instance courts, adjudicating in a panel composed of 
three judges shall decide on appeals against rulings of the 
investigative judge and other rulings if so prescribed by the 
present Code, render decisions in the first instance out of main 
hearing, conduct the proceedings and render a verdict on the 
request for execution of a foreign court verdict, and make 
proposals in cases set forth in the present Code or other law. 
(8) If the panel referred to in paragraph 7 of this Article can not 
be established in a court adjudicating only in first instance due to 
an insufficient number of judges, affairs under the jurisdiction of 
that panel shall be conducted by the panel of immediately 
superior court. 
(9) Provisions of the present Code which refer to the rights and 
duties of the Chair of Panel and its members shall also be applied 
accordingly to an individual judge when s/he is adjudicating a 
case under the rules proscribed by the present Code. 
(10) When deciding on a motion for the protection of legality the 
court shall adjudicate in a panel composed of three judges, 
whereas when deciding on a motion for the protection of legality 
against a decision of a panel of the same court for violation of 
law, the court shall adjudicate in a panel composed of five judges. 
(11) Unless otherwise prescribed by the present Code, higher 
instance courts shall also adjudicate in a panel composed of three 
judges when deciding cases not specified in paras.  3, 4 and 10 of 
this Article. 
 
2. TERRITORIAL JURISDICTION 
 
General Rules of Determining Territorial Jurisdiction 
Article 25 
(1) As a rule, the court within whose territory criminal offence 
was committed or attempted shall have the territorial jurisdiction. 
(2) A private action may be filed with the court within the 
territory of which the accused person has a permanent or a 
temporary residence. 
(3) If the criminal offence was committed or attempted within 
the territory of several courts or on the border of those territories, 
or if it is uncertain within which territory the offence has been 
committed or attempted, the court which on the indictment of the 
authorized prosecutor has first instituted the procedure shall have 
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  10jurisdiction, whereas in preliminary investigation and 
investigation the competent court is the one that was the first to 
undertake an action on basis of the prosecutor‘s motion. 
 
Territorial Jurisdiction of Courts in Cases of Offences 
Committed on a National Vessel or Aircraft  
Article 26 
If an offence was committed on a national vessel or aircraft 
while it was in a home port or airport, the competent court shall 
be the one whose territory includes that port or airport. In other 
cases where a criminal offence has been committed on a national 
vessel or aircraft, the competent court shall be the court whose 
territory includes the home port of the vessel or home airport of 
the aircraft or domestic port or airport where the vessel or 
aircraft first time stops. 
 
Territorial Jurisdiction for an Offence Committed by Means of 
Media 
Article 27 
(1)  If a criminal offence is committed by means of press, the 
competent court shall be the one within whose territory the 
newspaper was printed. If this location is unknown or if the 
newspaper was printed abroad, the competent court shall be the 
one within whose territory printed newspaper is distributed. 
(2)  If according to law the compiler of the text is responsible, 
the competent court shall be the one within whose territory the 
compiler has permanent residence or the court within whose 
territory the event to which the text refers to took place. 
(3) Provisions of paras. 1 and 2 of this Article shall also be 
applied accordingly to cases where the statement or text was 
released by radio, television or other mass media. 
 
Territorial Jurisdiction in Cases When the Place of Commission 
of a Criminal Offence is Unknown 
Article 28 
(1)   If the place of the commission of a criminal offence is 
unknown or if this place is not in the territory of Montenegro, the 
competent court shall be the one within whose territory the 
accused person has temporary or permanent residence. 
(2)  If the procedure is already pending before the court of the 
accused person’s temporary or permanent residence, when the 
place of the commission has been determined, this court shall 
retain its jurisdiction. 
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  11(3)  If neither the place of the commission of the criminal 
offence nor the temporary or permanent residence of the accused 
person is known, or if both of them are outside the territory of 
Montenegro, the competent court shall be the one within whose 
territory the accused person is deprived of liberty or turned 
himself/herself in. 
 
Territorial Jurisdiction in Cases of Criminal Offences 
Committed in Montenegro and Abroad 
Article 29 
If a person has committed a criminal offence both in Montenegro 
and abroad, the competent court shall be the one that has 
jurisdiction over the criminal offence committed in Montenegro. 
 
Set Territorial Jurisdiction (Forum ordinatum)  
Article 30 
If under the provisions of the present Code it is not possible to 
ascertain which court has territorial jurisdiction, the Supreme 
Court of Montenegro (hereinafter: the Supreme Court) shall 
designate one of the competent courts as to subject matter 
jurisdiction to conduct the proceedings. 
 
3. JOINDER AND SEPARATION OF PROCEEDINGS 
 
Joinder of Proceedings 
Article 31 
(1)   Where an individual is accused of having committed several 
criminal offences some of which fall within jurisdiction of a 
lower, and some of a higher court, the competent court shall be 
the higher court. If the competent courts are of the same level, 
the competent court shall be the one that, based on the 
indictment of an authorized prosecutor, first initiated the 
procedure. In preliminary investigation and investigation, the 
competent court shall be the one that was the first to undertake 
an action based on the motion of the prosecutor.   
(2) The provision of paragraph 1 of this Article shall also be 
applied to determine which court has jurisdiction when the 
injured party at the time of the commission of the criminal 
offence has simultaneously perpetrated a criminal offence 
against the accused person. 
(3) As a rule, co-perpetrators shall fall within the jurisdiction of 
the court which, being competent to try one of them, has first 
initiated the procedure. 
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  12(4) The Court having jurisdiction over the perpetrator of the 
criminal offence shall, as a rule, also have jurisdiction over the 
accomplices, accessories by virtue of concealment, persons who 
aided the perpetrator after the commission of a criminal offence 
and persons who failed to report the preparation of a criminal 
offence, the commission of a criminal offence or the identity of 
the perpetrator. 
(5) In cases referred to in paras. 1 to 4 of this Article shall, a 
single criminal procedure shall be conducted as a rule and a 
single judgment shall be rendered. 
(6) The court may also decide to conduct a single procedure and 
to render a single judgment also in the case when several persons 
are charged with several offences, provided that the offences are 
interconnected and that the evidence pertaining to each of the 
offences are the same.  If some of these criminal offences fall 
within the jurisdiction of a higher court and some to that of a 
lower court, the joint procedure may be conducted only before 
the higher court. 
(7) The court may decide to conduct a single procedure and to 
render a single judgment if separate procedures are conducted 
against the same person before the same court for several 
criminal offences or against several persons for the same 
criminal offence. 
(8) A decision on joinder of procedures shall be decided by the 
court having jurisdiction to conduct the single procedure. An 
appeal against the ruling ordering the joinder of procedures or 
rejecting a motion for the joinder of procedures shall not be 
allowed. 
(9) The provisions governing joinder of procedures shall also be 
applied accordingly when preliminary investigation and 
investigation are conducted by the State Prosecutor who shall 
decide on the conduct of a single procedure. 
 
Separation of Procedure 
Article 32 
(1) Before the main hearing is completed and upon the motion of 
the parties, injured party or virtue of office, the court having 
jurisdiction according to Article 31 of the present Code may, for 
important reasons or for reasons of expediency order the 
procedure for some offences or against some accused persons to 
be separated and separately completed or referred to another 
competent court. 
(2) The provisions governing the separation of procedures shall 
also be applied accordingly when preliminary investigation and 
investigation are conducted by the State Prosecutor who shall 
decide on the conduct of a single procedure. 
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  13(3) An appeal against the ruling ordering the separation of 
procedure or rejecting a motion for the separation of procedure 
shall not be allowed. 
 
4. TRANSFER OF TERRITORIAL JURISDICTION 
 
Necessary Transfer of Territorial Jurisdiction 
Article 33 
(1) When a competent court is prevented from acting due to legal 
or factual reasons, it shall notify immediately the directly 
superior court thereon, which shall designate another court with 
subject matter jurisdiction in its territory. 
(2) An appeal shall not be allowed against the ruling referred to 
in paragraph 1 of this Article. 
 
Transfer of Competence for Reasons of Expediency 
Article 34 
(1) The Supreme Court may designate another court having 
subject matter jurisdiction to conduct the procedure if it is 
obvious that the procedure will be thereby facilitated or if there 
are other important reasons. 
(2) The ruling within the meaning of paragraph 1 of this Article 
may be rendered upon the motion of the parties, a single judge or 
the Chair of the Panel. 
 
5. CONFLICT OF JURISDICTIONS  
 
Assessment of Jurisdictions 
Article 35 
(1) The court shall examine its subject matter and territorial 
jurisdiction, and as soon as it determines a lack of its jurisdiction, 
it shall declare that it lacks competence and, after the ruling 
becomes final, it shall refer the case to a competent court, with 
the exception of cases referred to in paras. 2 and 3 of this Article. 
(2) If the court determines after the commencement of the main 
hearing that a lower court has jurisdiction for the hearing, it shall 
continue the procedure and render a decision. 
(3) Once the indictment comes into effect, the court may not 
declare that it lacks territorial jurisdiction nor may the parties 
raise the objection of territorial jurisdiction. 
(4) The court lacking jurisdiction shall undertake such 
procedural actions with respect to which there is a risk of delay. 
 
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  14Initiation of a Procedure for Resolving the Conflict of 
Jurisdiction 
Article 36 
(1)  If the court to which the case has been referred to as to the 
competent court deems that the court that referred the case or 
another court is competent, it shall initiate the procedure for 
resolution of the conflict of jurisdiction. 
(2) When a second instance court has rendered a decision upon 
appeal against the decision of a first instance court by which it 
declared its lack of jurisdiction, this decision shall also relate in 
terms of jurisdiction to the court to which the case has been 
assigned, if the second instance court is competent to resolve the 
conflict of jurisdiction between those courts. 
 
Resolving the Conflict of Jurisdiction 
Article 37 
(1) A decision on the conflict of jurisdiction between courts shall 
be rendered by their mutually immediately superior court. 
(2) Prior to rendering a ruling in relation to the conflict of 
jurisdiction, the court shall request the opinion of the State 
Prosecutor competent for proceeding before that court, when the 
criminal procedure is conducted upon the indictment of a State 
Prosecutor. 
(3) An appeal shall not be allowed against the decision rendered 
in relation to a conflict of jurisdiction. 
(4) When rendering a decision on the conflict of jurisdiction, the 
court may simultaneously, by virtue of office, render a decision 
on the transfer of territorial jurisdiction if terms referred to in 
Article 34 of the present Code are met. 
(5) Until the rendering of a decision on the conflict of 
jurisdiction between courts, the court shall undertake such 
procedural actions with respect to which there is a risk of delay. 
 
Chapter III  
RECUSATION 
 
Reasons for Recusation 
Article 38 
Judges may not perform their judicial duties in the following 
cases: 
1) if they are personally injured by the offence; 
2) if the accused persons, their defense attorney, the 
prosecutor, the injured party, their legal representative or proxy 
is the judge's spouse, former spouse or extramarital partner or 
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  15direct blood relative to any degree whatsoever, collateral blood 
relative to the fourth degree, or relative by marriage to the 
second degree; 
3) if s/he is a guardian, ward, adopted child, adoptive 
parent, foster-parent or foster-child of the accused person, his/her 
defense attorney, the prosecutor or the injured party; 
4) if in the same criminal case s/he has carried out 
evidentiary actions or has taken part in the procedure in the 
capacity of a prosecutor, defense attorney, legal representative or 
proxy of the injured party or the prosecutor, or if s/he has been 
heard in the capacity of a witness or expert witness; 
5) if s/he has taken part in rendering a decision of a lower 
court or a decision referred to in Article 302, paragraph 10 of the 
present Code in the same case or in rendering a decision of the 
same court being contested by an appeal or 
6) if circumstances exist that raise suspicion as to his/her 
impartiality. 
 
Procedeeding of a Judge in Cases of Petition for Recusation  
Article 39 
(1) When the judge learns that one of the reasons for his/her 
recusation referred to in Article 38, Items 1 to 5 of the present 
Code exist, s/he shall immediately discontinue all work on that 
case and report thereon to the President of the Court who shall 
allocate the case to another judge. If the case concerns the 
recusation of the President of the Court, s/he shall be substituted 
by a judge of that court with the longest service, and if that is not 
possible, the President of the immediately superior court shall 
appoint a substitute judge. 
(2) If a judge holds that circumstances justifying his/her 
recusation exist referred to in Article 38, items 1 to 6 of the 
present Code, s/he shall notify the President of the Court thereon. 
 
Persons Who May Request the Recusation of a Judge 
Article 40 
(1) Recusation of a judge may be requested by the parties, 
defense attorney and injured party. 
(2) The parties, defense attorney and injured party may submit a 
petition for the recusation of a judge until the commencement of 
the main hearing, and if they learn about the reason for the 
recusation later, they may submit the petition immediately after 
that realization. 
(3) The petition for recusation of a higher court judge may be 
submitted by the parties, defense attorney and injured party 
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  16immediately after learning about the recusation reason, and at the 
latest by the commencement of the panel session or hearing. 
(4) The parties, defense attorney and injured party may request 
only the recusation of an individually designated judge 
exercising his/her judicial power in that particular case.  
(5) The parties, defense attorney and injured party shall specify 
in the petition the circumstances which they deem to represent 
legal grounds for recusation referred to in Article 38 of the 
present Code. Reasons mentioned in the previous petition for 
recusation that has been rejected may not be specified again in 
the petition. 
 
Deciding on a Petition for Recusation 
Article 41 
(1) The President of the Court shall decide on the petition for 
recusation referred to in Article 40 of the present Code. 
(2) If the recusation requested concerns only the President of the 
Court or the President of the Court and a judge, the decision on 
recusation shall be rendered by the President of the immediately 
superior court and if the recusation requested concerns only the 
President of the Supreme Court, the decision on recusation shall 
be rendered by plenary session of that court. 
(3) Before rendering the ruling on recusation, a statement of the 
judge or of the President of the Court shall be taken and where 
appropriate, further inquires shall be carried out. 
(4) An appeal shall not be allowed against the ruling upholding a 
petition for recusation. The ruling rejecting a petition for 
recusation may be refuted by a separate appeal, but if such ruling 
was rendered after the indictment was presented, than only by an 
appeal against the judgment. 
(5) If the petition for recusation was submitted in contravention 
to the provisions of Article 40 of the present Code, the petition 
shall be dismissed entirely or partially. An appeal shall not be 
allowed against the ruling rejecting a petition for recusation. The 
ruling rejecting the petition shall be rendered by the President of 
Court, and at the main hearing it shall be rendered by the panel. 
The judge whose recusation is requested may participate in 
rendering that ruling at the main hearing. 
 
Proceeding of Judges Pending the Rendering of a Decision on 
Recusation  
Article 42 
When judges learn that a petition for their recusation has been 
submitted, they shall immediately discontinue work on the case 
and in the case of recusation referred to in Article 38, item 6 of 
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  17the present Code, they may, pending the rendering of the ruling 
on the petition, undertake only those actions whose delay poses a 
risk. 
 
Recusation of a State Prosecutor and Other Participants in the 
Procedure 
Article 43 
(1) Provisions on the recusation of judges shall also be applied 
accordingly to State Prosecutors and persons who are authorized 
under law to represent the State Prosecutor in the procedure, 
court reporters, interpreters and experts, as well as expert 
witnesses whose recusation might also be requested for reasons 
referred to in Article 139 and Article 148, paragraph 2 of the 
present Code. 
(2) By way of exception from paragraph 1 of this Article, State 
Prosecutors shall not be recused if they have performed 
evidentiary actions in the same case, or participated in the 
procedure as  prosecutors or if they participated in the same case 
in the procedure before a lower instance court within the 
meaning of Article 38, paras. 4 and 5 of the present Code. 
(3) State Prosecutors shall decide on the recusation of persons 
who are authorized under law to represent them in the criminal 
procedure. Immediately superior State Prosecutor shall decide on 
the recusation of a State Prosecutor. Provisions of a separate law 
shall be applied in the case of  recusation of the Supreme State 
Prosecutor. 
(4) The Panel, the Chair of the Panel or a judge shall decide on 
the recusation of a court reporter, interpreter, expert and expert 
witness. 
(5) When authorized police officers undertake evidentiary 
actions pursuant to this Code, the competent State Prosecutor 
shall decide on their recusation. The person acting in an official 
capacity who undertakes the action shall decide on the recusation 
of a court reporter participating in these actions. 
 
Chapter IV 
STATE PROSECUTOR 
 
Rights and Duties 
Article 44 
(1) The basic right and the main duty of the State Prosecutor 
shall be the prosecution of criminal offenders. 
(2) For criminal offences prosecuted by virtue of office, the State 
Prosecutor shall be competent to: 
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  181) issue binding orders or directly manage the activities of 
the administrative authority competent for police affairs 
(hereinafter: the police authorities) in the preliminary 
investigation; 
2) render decisions on the postponement of criminal 
prosecution, when envisaged so by the present Code and reject 
criminal charges for reasons of fairness; 
3) order the investigation to be conducted, conduct the 
investigation and perform urgent evidentiary actions during the 
preliminary investigation; 
4) conclude agreements on the admission of guilt with 
accused persons, in line with the present Code, after having 
collected evidence in line with the present Code; 
5) present and represent indictments, i.e. bills of indictment 
before competent courts; 
6) lodge legal remedies against judgments and 
7) undertake other actions provided for by this Code. 
(3) In order to exercise powers referred to in paragraph 2, item 1 
of this Article, police and other public authorities shall notify the 
competent State Prosecutor before taking any action, except in 
cases of emergency. The police and other public authorities in 
charge of revealing criminal offences shall proceed upon the 
request of the competent State Prosecutor. 
(4) During the investigation the State Prosecutor shall establish 
with equal attention the facts which are exculpatory and 
inculpatory for the accused. 
 
Subject Matter Jurisdiction 
Article 45 
The subject matter jurisdiction of the State Prosecutor in the 
criminal procedure shall be established in line with a separate 
law. 
 
Territorial Jurisdiction 
Article 46 
The territorial jurisdiction of the State Prosecutor shall be 
determined according to the territorial jurisdiction of the court 
for the area the State Prosecutor was appointed for. 
 
Actions Undertaken by a State Prosecutor Lacking Jurisdiction 
Article 47 
The procedural actions shall be also undertaken by the State 
Prosecutor lacking jurisdiction when risk of delay exists and s/he 
shall immediately notify the competent State Prosecutor thereon. 
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  19Undertaking Actions 
Article 48 
State Prosecutors shall take procedural actions either directly or 
through persons authorized under law to represent them. 
 
Conflict of Jurisdiction 
Article 49 
The conflict of jurisdiction between State Prosecutors shall be 
resolved by their mutually immediately superior State 
Prosecutor. 
 
Dropping Charges 
Article 50 
State Prosecutors may drop charges before the end of the main 
hearing before a first instance court, and they may do so before a 
superior court in cases envisaged by this Code. 
 
Chapter V  
PRIVATE PROSECUTOR AND THE INJURED PARTY  
 
Deadline for Filing a Private Action 
Article 51 
(1) As regards criminal offences prosecuted upon a private 
action, the complaint shall be filed within three months as of the 
day when the private prosecutor, i. e. person referred to in 
Article 54 of the present Code, learned about the criminal 
offence and the perpetrator. 
(2) If a private action has been filed for the criminal offence of 
defamation, the accused person may, until the completion of the 
main hearing and after the expiration of the deadline referred to 
in paragraph 1 of this Article, file a complaint against the private 
prosecutor who committed defamation in return on the same 
occasion (counter-charge). In this case, the court shall render a 
single judgment. 
 
Filing a Private Action 
Article 52 
(1) A private action shall be filed with the competent court. 
(2) When the injured party has filed a criminal charge and in the 
course of the procedure it is ascertained that a criminal offence 
subject to private prosecution is involved, the charge shall be 
considered as timely private action if it was submitted within the 
deadline prescribed for a private action. 
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  20 
Private Action of a Minor and of a Person Deprived of Capacity 
to Practice 
Article 53 
(1) A private action on behalf of minors and persons fully 
deprived of capacity to practice shall be filed by their legal 
representative. 
(2) Exceptionally, minors who have reached sixteen years of age 
may also file a private action by themselves. 
 
Succession of a Private Prosecutor 
Article 54 
If a private prosecutor dies within the deadline prescribed for 
submitting a private action or in the course of procedure, his/her 
spouse, extramarital partner, children, parents, adopted children, 
adoptive parents and siblings may, within three months after 
his/her death, file a complaint or make a statement that they will 
continue the procedure. 
 
Several Injured Persons and Prosecution by a Private Action 
Article 55 
If several persons are injured by the criminal offence, 
prosecution shall be initiated or continued upon a private action 
from any of the injured persons. 
 
Withdrawal of a Private Action and Consequences Thereof 
Article 56 
(1) By virtue of his/her own statement to the court before which 
procedure is being conducted, a private prosecutor may withdraw 
private action until the completion of the main hearing.  
(2) In case referred to in paragraph 1 of this Article, the private 
prosecutor shall lose the right to file a private action again.  
 
Presumed Withdrawal of a Private Action and  
Return to  status quo ante  
Article 57 
(1) If a private prosecutor fails to appear at the main hearing 
although s/he was duly summoned, or if the summons could not 
have been served to him/her due to his/her failure to report to the 
court changes of address or residence, it shall be assumed that 
s/he has withdrawn the private action, with the exception of case 
referred to in Article 457 of the present Code. 
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  21(2) The Chair of the Panel shall grant return to status quo ante  to 
the private prosecutors who, for valid reasons, failed to appear at 
the main hearing or notify the court in due time about changes of 
address or residence, provided they file a petition for 
reinstatement within eight days after the cessation of 
impediment. 
(3) No return to status quo ante  may be claimed after a lapse of 
three months from the day of failure to file a petition referred to 
in paragraph 2 of this Article. 
(4) An appeal shall not be allowed against the ruling upholding 
the return to status quo ante . 
(5) The decision on the cancellation of proceedings adopted in 
case referred to in paragraph 1 of this Article shall enter into 
legal force upon the expiration of deadlines referred to in paras. 
2 and 3 of this Article, if a private prosecutor does not lodge a 
petition within those deadlines for return to status quo ante  or 
when the decision rejecting the petition becomes final. 
 
Right to Be Informed about Evidence and Right to Offer 
Evidence 
Article 58 
(1) In the course of investigation, injured parties shall be entitled 
to call attention to all facts and to offer evidence important for 
the criminal case and for their claim under property law. 
(2) At the main hearing, the injured party and the private 
prosecutor shall be entitled to offer evidence, to examine the 
defendant, witnesses and expert witnesses and to put forward 
remarks and explanations as regards their statements as well as 
to make other statements and proposals. 
(3) The injured party, the subsidiary prosecutor and the private 
prosecutor shall be entitled to inspect files and objects serving as 
evidence. The inspection of the files may be denied to the injured 
party until an order on the conduct of investigation has been 
made or until s/he has been examined as a witness. 
(4) The injured party who is the victim of a criminal offence 
against sexual freedom shall have the right to be heard and to 
have the procedure be conducted by a judge of the same sex, if 
so allowed by the staff composition of the court. 
(5)  The State Prosecutor and Chair of the Panel shall inform the 
injured party and the private prosecutor of the rights referred to 
in paras. 1 to 4 of this Article. 
(6) In cases when the criminal procedure is conducted for a 
criminal offence punishable by an imprisonment sentence 
exceeding three years and the injured party can not bear 
representation expenses according to his/her financial standing, 
s/he may be appointed a proxy at his/her request if the 
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  22representation of the injured party by the proxy is in the interest 
of fairness.  If the injured party is a minor, during the entire 
criminal procedure the court shall by virtue of office assess 
whether s/he needs to be appointed a proxy.   
(7) The right to legal assistance shall be exercised by the injured 
party in line with a separate law.  
 
Injured Party as a Prosecutor (Subsidiary Prosecutor) 
Article 59 
(1) When a State Prosecutor establishes that there is no basis for 
prosecution for a criminal offence that is prosecuted by virtue of 
office or that there is no basis to prosecute someone of reported 
accomplices, s/he shall inform the injured parties thereon within 
eight days, instruct them that they may take over the prosecution 
themselves and deliver them a decision on the rejection of the 
criminal charge, with the exception of cases referred to in Article 
272, paragraph 5 and Article 273 of the present Code. 
(2) State Prosecutors shall proceed in the manner referred to in 
paragraph 1 of this Article when they issue an order on the 
cessation of investigation, whereas the court shall do so when 
they render a decision on the cessation of procedure due to the 
State Prosecutor’s withdrawal of accusation. 
(3) The injured party shall have the right to undertake, i.e., 
continue prosecution, within 15 days as of the receipt of 
notification referred to in paragraph 1 of this Article. 
(4) If the State Prosecutor has withdrawn the indictment, the 
injured party may, when assuming the prosecution, abide by the 
existing indictment or file a new one. 
(5) The injured party who has not been notified that the State 
Prosecutor did not undertake prosecution or has withdrawn from 
prosecution may make his/her statement before the competent 
court specifying that s/he assumes or continues proceedings, 
within six months from the day the State Prosecutor rejected the 
charge or discontinued investigation, i.e. from the day the 
decision on the cessation of procedure was rendered. 
(6) The notification of the State Prosecutor, i.e. of the court that 
the injured party may assume prosecution shall also contain an 
instruction as to which actions s/he may undertake in order to 
exercise that right. 
(7) If the subsidiary prosecutor dies pending the term for 
assuming prosecution or pending the proceedings, his/her 
spouse, extramarital partner, children, parents, adopted children, 
adoptive parents, siblings may within three months after his/her 
death assume prosecution i.e. make the statement that they shall 
continue the proceedings. 
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  23(8) The ruling on cessation of proceedings rendered because the 
State Prosecutor has withdrawn from prosecution shall enter into 
force after the terms referred to in paras. 3, 5 and 7 of this Article 
have expired, if the injured party i.e. persons referred to in 
paragraph 7 have failed to assume prosecution within the 
prescribed deadlines.  
 
Continuing Prosecution at the Main Hearing and Return to 
status quo ante  
Article 60 
(1) When a State Prosecutor abandons prosecution at the main 
hearing, injured parties shall declare immediately whether they 
intend to continue prosecution. 
(2) It shall be considered that the injured parties do not want to 
continue prosecution, if they fail to appear at the main hearing, 
although they were duly summoned or the summons could not 
have been served to them because they failed to notify the court 
about change of address or residence. 
(3) The Chair of the Panel of the first instance court shall allow 
return to status quo ante  to the injured party who was not duly 
summoned or who was duly summoned but for valid reasons 
failed to appear at the main hearing during which the judgment 
rejecting the charge has been rendered on grounds that the State 
Prosecutor had withdrawn from prosecution, provided that the 
injured party submits the petition for return to status quo ante  
within eight days as of the receipt of the judgment and if in this 
petition s/he states the intention to continue prosecution. In such 
a case the main hearing shall be rescheduled and the previous 
judgment shall be annulled by the new one rendered in the 
course of the new main hearing. If the duly summoned injured 
party as a subsidiary prosecutor fails to appear at the new main 
hearing, or states before the beginning of the main hearing that 
s/he is withdrawing from prosecution, the previous judgment 
shall remain in force.  
(4) Provisions of Article 57, paras. 3 and 4 of the present Code 
shall be applied to return to status quo ante referred to in 
paragraph 3 of this Article . 
(5) The judgment rejecting the charge rendered in the case 
referred to in paragraph 2 of this Article shall become final after 
the terms for submitting a petition for return to status quo ante 
have expired. 
 
 
 
 
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  24Forfeiture of the Right to Subsidiary Prosecution 
Article 61 
(1) If the injured party fails to assume or continue prosecution or 
if the subsidiary prosecutor fails to appear at the main hearing 
although s/he was duly summoned, or if the summons could not 
have been served to him/her due to his/her failure to report to the 
court changes of address or residence, it shall be assumed that 
s/he has withdrawn from prosecution. 
(2) If the subsidiary prosecutor, having been duly summoned, 
fails to appear at the main hearing, provisions of Article 57, 
paragraphs 2 to 5 of the present Code shall be applied. 
 
Rights of the Subsidiary Prosecutor and Assumption of 
Prosecution by the State Prosecutor 
Article 62 
(1) The subsidiary prosecutor shall have the same rights as the 
State Prosecutor, except for authorizations vested in the State 
Prosecutor as a state authority. 
(2) In proceedings conducted upon the prosecution of a 
subsidiary prosecutor, the State Prosecutor shall be entitled to 
inspect criminal case files and to assume prosecution prior to the 
completion of the main hearing. 
 
Legal Representative of the Injured Party Lacking the 
Capacity to Practice 
Article 63 
(1) If the injured party is a minor or a person that is completely 
deprived of capacity to practice, his/her legal representative shall 
be authorized to make all statements and perform all actions to 
which the injured party is entitled under this Code. 
(2)  By way of exception, an injured party who reached sixteen 
years of age shall be authorized to make statements and 
undertake procedural actions on his/her own. 
 
Exercise of Rights through Proxies 
Article 64 
(1) The private prosecutor, the injured party and the subsidiary 
prosecutor, as well as their legal representatives may exercise 
their procedural rights through proxies as well. 
(2) The court shall instruct the persons referred to in paragraph 1 
of this Article as to their right to have a proxy. 
(3) When the procedure is conducted under the charges of the 
subsidiary prosecutor for a criminal offence punishable under 
law by imprisonment for a term exceeding five years, the court 
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  25may upon the request of the subsidiary prosecutor appoint a 
proxy to him/her if that is to the benefit of the procedure and if 
the subsidiary prosecutor is financially unable to meet the 
expenses of legal representation. The Chair of the Panel shall 
decide on this request, and the President of the Court shall 
appoint a proxy among the members of the Bar. 
 
Duty to Report to the Court on the Change of Address or 
Residence 
Article 65 
The private Prosecutor, subsidiary prosecutor and the injured 
party as well as their legal representatives and proxies shall 
report to the court all changes of address or residence. The court 
shall inform them therewith and caution them about the 
consequences of failing to comply as set forth by this Code. 
 
Chapter VI  
DEFENSE ATTORNEY 
 
Right to a Defense Attorney 
Article 66 
(1) Accused persons shall have the right to a defense attorney. 
(2) The accused person’s legal representative, spouse, direct 
blood relative, adoptive parent, adopted child, siblings or foster-
parent as well as his/her extramarital partner may engage a 
defense attorney on behalf of the accused person. 
(3) Only a member of the Bar may be engaged as defense 
attorney.  
(4) Defense attorneys shall submit their power of attorney to the 
authority before which the procedure is being conducted. The 
accused person may also submit power of attorney to the defense 
attorney orally before the authority conducting the procedure. 
 
Several Defense Attorneys and a Common Defense Attorney 
Article 67 
(1) Several accused persons may retain a common defense 
attorney unless that is contrary to the interests of their defense. 
(2) One accused person may simultaneously retain at the most 
three defense attorneys in the procedure, and it is deemed that 
defense is provided for when one of the defense attorneys 
participates in the proceedings. 
 
 
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  26Persons Who May Not Act as Defense Attorneys 
Article 68 
(1) A defense attorney may not be the co-accused person, the 
injured party, spouse of the injured party, prosecutor or judge, or 
their direct blood relative to any degree or a collateral blood 
relative to the fourth degree or a relative by marriage to the 
second degree. 
(2) A defense attorney may not be a person summoned as a 
witness at the main hearing, unless relieved of the obligation to 
testify under this Code and has declared that s/he would not 
testify. 
(3) A defense attorney may not be the person who acted in the 
capacity of a judge or State Prosecutor in the same case or has 
undertaken actions in the preliminary investigation. 
 
Cases When the Accused Person Shall Have a Defense Attorney 
Article 69 
(1)  If the accused person is a person with special needs due to 
which s/he is uncapable to defend himself/herself, or if the 
procedure is conducted for a criminal offence punishable by the 
maximum term of imprisonment, the accused person shall have a 
defense attorney at his/her first hearing. 
(2) When the indictment is brought for a criminal offence 
punishable under law by the imprisonment of ten years, the 
accused person shall have a defense attorney when the 
indictment is served on him/her. 
(3) Accused persons against whom detention is ordered shall 
have a defense attorney while they are in detention. 
(4) The accused persons which are tried in absence within the 
meaning of Article 324 paragraph 2 of the present Code shall 
have a defense attorney as soon as the court renders a decision 
on the trial in absence. 
(5) If the accused persons in cases referred to in paras. 1, 2 and 3 
of this Article fail to retain a defense attorney, the competent 
State Prosecutor shall render a decision on the appointment of a 
public defender to represent them up to the presentation of 
indictment, the President of the Court after the presentation of 
indictment until the judgement becomes final and in case the 
longest imprisonment sentence was imposed, for the procedure 
of filing extraordinary judicial remedies as well. In cases when a 
public defender is appointed to the accused persons after the 
indictment has been brought, the accused persons shall be 
informed thereon at the time the indictment is served on them. In 
cases of mandatory defense, if accused persons are left without a 
defense attorney in the course of procedure and they do not 
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  27retain another defense attorney, the President of the Court before 
which the procedure is being conducted shall appoint a public 
defender. 
(6) Defense attorney from the list of the Bar Chamber of 
Montenegro (hereinafter referred to as: the Bar Chamber) shall 
be appointed to the accused persons according to their choice. If 
the accused persons do not use this right, the defense attorney 
shall be appointed by the order on the Bar Chamber’s list.   
 
Appointment of Defense Attorney Due to Adverse Financial 
Situation 
Article 70 
(1)  When conditions for mandatory defense are not met, but it is 
required so by the interests of fairness, at the request of the 
accused persons, they may be appointed a defense attorney if 
they are not able to bear the costs of defense under their financial 
situation. 
(2) The decision on the request shall be rendered by the 
competent State Prosecutor in the preliminary investigation and 
in the investigation and after the indictment is brought, the 
President of the Court in accordance with the order on the list of 
the Bar Chamber. 
 
Dismissal of the Appointed Defense Attorney 
Article 71 
(1) If the accused person in cases referred to in Art. 69 and 70 of 
the present Code retains another defense attorney by themselves,  
the appointed public defender shall be released. 
(2) The defense attorney appointed pursuant to Article 69, 
paragraph 3 of the present Code shall be released after the ruling 
on termination of detention becomes final. 
(3) The appointed defense attorney may request to be released 
only for valid reasons. 
(4) The decision on the release of the defense attorney in cases 
referred to in paragraphs 1 and 2 of this Article shall be rendered 
by the State Prosecutor before the indictment is brought, after the 
indictment is brought by the President of Panel, at the main 
hearing by the Panel, and in the appellate procedure by the 
President of the first instance Panel or the Panel having 
jurisdiction to decide on appeal. An appeal shall not be allowed 
against this ruling. 
(5) The competent State Prosecutor or the President of the Court 
may release the appointed defense attorney who negligently 
carries out his duties. The competent State Prosecutor or 
President of the Court shall appoint another defense attorney in 
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  28lieu of the dismissed defense attorney. The Bar Chamber shall be 
notified of the dismissal of the defense attorney. 
 
Right of the Defense Attorney to Inspect Files and Examine 
Objects 
Article 72 
(1) The defense attorney shall be entitled to inspect and copy 
files and to examine collected objects which serve as evidence. 
(2) The defense attorney shall be entitled to be informed about 
the content of the criminal charge before the first hearing of the 
suspect. 
(3) By way of exception, the defence attorney may be denied the 
right to inspect and copy certain files in the preliminary 
investigation or investigation, if the purpose of investigation, 
national security or the protection of witnesses would thereby be 
endangered, which may not compromise the right to defense in 
further proceeding. 
(4) When defense attorneys establish that they were unlawfully 
deprived of the right to inspect and copy files, they may ask the 
investigative judge to render a ruling so as to allow the defense 
attorney to inspect and copy files.  An appeal shall not be allowed 
against the ruling of the investigative judge.    
 
Communication between the Accused Person in Detention and 
the Defense Attorney 
Article 73 
(1) If the accused persons are in detention, the defense attorney 
may correspond with them and have conversations without 
supervision. 
(2) The defence attorney shall enjoy the right to have a private 
conversation with the suspect who is deprived of liberty even 
before the suspect is interrogated. The control of this 
conversation before the first hearing shall be allowed only by 
observing and not by listening. 
         
Undertaking of Actions by the Defense Attorney 
Article 74 
(1) The defense attorney shall be authorized to undertake all 
actions in favor of the accused person that can be undertaken by 
the accused person, except those explicitly reserved for the 
accused person personally in line with the provisions of the 
present Code. 
(2) The defense attorney shall not undertake actions against the 
expressly stated will of the accused person, except in the case 
referred to in Article 382, paragraph 6 of present Code. 
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  29(3) The rights and duties of defense attorneys shall cease when 
the accused persons revoke their power of attorney, when they 
are dismissed and upon the lapse of term of 15 days as of the day 
the power of attorney was denounced. 
 
Chapter VII  
EVIDENTIARY ACTIONS 
1. SEARCH OF DWELLINGS, ARTICLES AND 
PERSONS 
 
Reasons for Search of Dwellings, Other Premises, Movable 
Articles and Persons 
Article 75 
(1) Search of dwellings and other premises of the accused 
persons or other persons as well as their movable articles outside 
the dwellings may be carried out if grounds for suspicion exist 
that in the course of search the perpetrator would be caught or 
that traces of the criminal offence or objects relevant to the 
criminal procedure would be found. 
(2) The search of movable articles within the meaning of 
paragraph 1 of this Article shall include the search of computers 
and similar devices for automatic data processing to which the 
computer is connected. At the request of the court, the person 
using a computer shall enable access to the computer and 
removable storage used for storing information relative to the 
object of the search (discs, USB flash discs, USB hard discs, 
diskettes, tapes and alike), as well as give necessary information 
on the use of the computer. Persons who refuse to do so although 
reasons referred to in Article 111 of the present Code do not 
exist may be punished pursuant to Article 85 paragraph 3 of the 
present Code. 
(3) Search of persons may be carried out if grounds for suspicion 
exist that in the course of search traces and objects relevant to 
the criminal procedure would be found. 
 
Search Warrant and Request for a Search Warrant 
Article 76 
(1) A search warrant shall be issued by the court at the request of 
the State Prosecutor or at the request of an authorized police 
officer granted authorization by the State Prosecutor, and it shall 
be enforced by the police. 
(2) A request for the issuance of a search warrant shall be 
submitted in writing, and only exceptionally orally in line with 
Article 78 of the present Code. 
 
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  30Contents of the Request for a Search Warrant 
Article 77 
The request for issuing a search warrant shall contain: 
1) the name of the applicant, 
2) the name of the court to which the request is addressed, 
3) facts indicating the likelihood that reasons for search 
exist referred to in Article 75 of the present Code, 
4) the first and the last name, and, if necessary, a 
description of the person to be apprehended during the search of 
dwellings or other premises, or expected traces and a description 
of objects that should be found by the search, 
5) the designation of the location of the search, by 
indicating the address, information about the owner or the person 
in possession of the objects, dwellings or other premises and any 
other information of importance to establish the identity, and 
6) signature of the applicant. 
 
Verbal Request for a Search Warrant  
Article 78 
(1) A verbal request for issuing a search warrant may be filed 
when risk of delay exists.  
(2) The request from paragraph 1 of this Article may be 
communicated to the investigating judge also by telephone, radio 
or other means of electronic communication. 
(3) When a verbal request for issuing a search warrant has been 
submitted, the investigating judge shall record the further course 
of conversation. If a voice recording device has been used or 
stenographic records kept, a transcription thereof shall be made 
within 24 hours,  the identity of which shall be certified and kept 
with the original records. 
 
Search Warrant 
Article 79 
(1) When the investigating judge receives the request for issuing 
a search warrant, if s/he agrees with the request, s/he shall 
immediately issue a search warrant containing: 
1) the information provided for in Article 77 of the present 
Code; 
2) that the search will be conducted by the police;  
3) an instruction that the search is being done in 
accordance with Article 80 of the present Code; 
4) signature of the judge and the official stamp of the 
court.  
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  31(2) If the investigating judge determines that the request for 
issuing a search warrant is not justified, s/he shall immediately 
request the panel referred to in Article 24, paragraph 7 of the 
present Code to decide on the request.  The panel shall make a 
decision within 24 hours. 
 
Search Upon a Court Order 
Article 80 
(1) Before the commencement of the search, the search warrant 
shall be given to the person to be searched or whose premises are 
to be searched. Before the search, the persons against whom the 
search warrant has been issued shall be asked to voluntarily hand 
over the wanted person or objects. Those persons shall be 
instructed that they are entitled to retain a lawyer i.e. a defense 
attorney who may be present during the search. If a person 
against whom a search warrant has been issued demands the 
presence of a lawyer or defense attorney, the commencement of 
the search shall be postponed until his/her arrival, but for no 
more than two hours. 
(2) The search may commence without previously presenting a 
warrant or without a previous invitation to hand over the person 
or objects and without an instruction on the right to a defense 
attorney or lawyer, if it is necessary in order to prevent a criminal 
offence from being committed, for the purpose of outright 
capture of a criminal offender, saving of persons and property or 
if the search is to be carried out in public premises. 
(3) The search shall be carried out by day from 6:00h until 
21:00h. The search  
may be carried out by night as well, if it was 
commenced during 
the day and was not completed or if it was 
explicitly ordered so by the court because of risk of delay or if 
reasons referred to in Article 83 paragraph 1 of the present Code 
exist. 
 
Rules of Search  
Article 81 
(1) The occupants of a dwelling or other premises shall be 
summoned to attend the search, and if they are absent, their 
representative, adult members of his family or neighbors shall be 
summoned to attend. 
(2) Premises that are locked, furniture and other things shall be 
opened by force only if their occupant is absent or if the 
occupant is refusing to open them voluntarily. Unnecessary 
damage shall be avoided in the course of opening. 
(3) The search of a dwelling or person shall be attended by two 
citizens of age in the capacity of witnesses, unless reasons 
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  32referred to in Article 83 paragraph 4 of the present Code exist. 
The search of persons shall be carried out by a person of the 
same sex, and a person of the same sex shall be taken as a 
witness. Before the commencement of the search, witnesses shall 
be admonished to pay attention to the course of the search, as 
well as that they have the right to raise their objections before the 
signing of the record on the search, should they consider that the 
contents of the record are incorrect. 
(4) When conducting a search of premises of state authorities, 
enterprises or other legal entities, a head of such authorities, 
enterprises or other legal entities shall be summoned to be 
present at the search. 
(5) Search and inspections of military facilities shall be carried 
out upon the permission of the competent military officer and in 
the presence of a person designated by him/her. 
(6)  If a search needs to be carried out aboard a ship or aircraft 
the search warrant shall be delivered to the captain of the ship or 
person in charge of the aircraft. The captain of the ship or the 
person in charge of aircraft, or a person designated by them shall 
witness the search. 
(7) The search of dwellings and persons shall be carried out 
carefully, while respecting human dignity and the right to 
privacy, without unnecessary disturbance of the house rules and 
without causing nuisance to the citizens. 
(8) A record shall be made on the search signed by the person 
whose premises have been searched or who has been searched 
and by persons whose attendance at the search is mandatory. The 
course of the search may be audio and audio-visually recorded 
while paying special attention to the places where certain persons 
and objects have been found. The venue of the search and its 
individual parts, as well as the persons or objects found during 
the search may be photographed. Audio or audiovisual 
recordings and photographs shall be enclosed to the record on 
the search and may be used as evidence . 
(9) Only those objects and documents that relate to the purpose 
of the search shall be provisionally seized in the course of the 
search. The records shall include and clearly specify the objects 
and documents that have been seized, which shall also be 
indicated in a receipt to be given immediately to the person from 
whom the objects or documents have been seized.  
 
Seizure of Other Objects  on Basis of a Search Warrant 
Article 82 
(1) If a search of a dwelling or a person reveals objects that are 
unrelated to the criminal offence for which the search was 
ordered, but indicate the commission of another criminal offence 
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  33that is prosecuted by virtue of office, they shall be described in 
the record and provisionally seized, and a receipt confirming 
seizure shall be issued immediately.  
(2) If the search was not attended by the competent State 
Prosecutor, s/he shall immediately be informed about the 
discovery of objects referred to in paragraph 1 of this Article for 
the purpose of initiating criminal procedure. These objects shall 
be returned immediately if the State Prosecutor establishes that 
there are no grounds to initiate criminal proceedings and if no 
other legal grounds for the seizure of these objects exist. 
(3) If certain objects are seized during the search of computers 
and similar devices for automatic data processing, they shall be 
immediately returned to their users, if they are not needed for 
further procedure. Personal information obtained during the 
search may be used only for the purposes of conducting a 
criminal procedure and shall be erased as soon as that purpose 
ceases. 
 
Entering Another Person’s Dwellings without a Search Warrant 
and Searching 
Article 83 
(1) An authorized police officer may enter another person’s 
dwelling or other premises without a search warrant and, if 
necessary, carry out the search, provided that the tenant so 
requires or if it is necessary or for the purpose of preventing the 
commission of a criminal offence or outright capturing a 
criminal offender or for the purpose of saving people and 
property. 
(2) The tenant, if present, shall have the right to object to the 
procedure of the authorized police officer referred to in 
paragraph 1 of this Article. The authorized police officer shall 
inform the tenant about this right and shall include his/her 
objections in the receipt on entering the dwelling or in the search 
record. 
(3) In case referred to in paragraph 1 of this Article, if another 
person’s dwelling was only entered without search, the tenant 
shall be issued a receipt stating the reason for entering the 
dwelling or other premises as well as the tenant’s objections. If 
search was also carried out in another person’s dwelling or other 
premises, the procedure shall be the one referred to in Article 81, 
paras. 3, 7 and 8 and Article 82, paragraph 1 of the present Code. 
(4) A search may be carried out without the presence of 
witnesses if it is not possible to arrange their presence 
immediately, and risk of delay exists. The reasons for the search 
without the presence of witnesses shall be specified in a record. 
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  34(5) Authorized police employees may, without a search warrant 
and without the presence of witnesses, carry out a search of 
persons when enforcing a warrant on compulsory apprehension 
or when depriving of liberty, if suspicion exists that the person 
owns weapons or dangerous tools, or if suspicion exists that the 
person would reject, hide or destroy the objects that need to be 
taken from him/her as evidence in a criminal procedure. 
(6) If there are grounds for suspicion that criminal offence was 
committed that is prosecuted by virtue of office, authorized 
police employees may, without a court warrant and without the 
presence of witnesses, carry out the search of transport means, 
passengers, luggage and other movable objects, with the 
exception of things referred to in Article 75 paragraph 2 of the 
present Code.  
(7) When conducting a search without a search warrant, 
authorized police officers shall immediately submit thereon a 
report to the investigative judge. 
 
Legally Invalid Evidence 
Article 84 
If the search was conducted in contravention to the provisions of 
Article 76, Article 80 paragraph 1, Article 81 paragraph 3 and 
Article 83 of the present Code, search records and evidence 
collected during the search may not be used as evidence in the 
course of criminal procedure. 
 
2. PROVISIONAL SEIZURE OF OBJECTS, PROPERTY 
GAIN AND PROPERTY 
 
Provisional Seizure of Objects and Property Gain  
Article 85 
(1) Objects which have to be seized according to the Criminal 
Code or which may be used as evidence in the criminal 
procedure, shall, at  the proposal of a State Prosecutor , and by 
way of a court ruling, be provisionally seized and delivered for 
safekeeping to the court or their safekeeping shall be secured in 
another way.  
(2) The ruling on the provisional seizure of objects shall contain: 
1) the name of the court rendering the ruling, 
2) legal grounds for the seizure of objects, 
3) indication and description of objects that are to be 
provisionally seized, and 
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  354) the first and the last name of the person from whom the 
object is provisionally seized and the place at or in which a 
certain object should be provisionally seized.  
(3) Anyone who is in possession of objects referred to in 
paragraph 1 of this Article shall hand them over. Persons 
refusing to hand over the objects may be punished by a fine of up 
to €1.000, and in case of further rejection, they may be detained. 
Detention shall last until the object is handed over or until the 
criminal procedure is completed, and at the longest for two 
months. The procedure as regards a person in an official capacity 
or a responsible person in a public authority, enterprise or 
another legal entity shall be the same. 
(4) Provisions of paras. 1 and 3 of this Article shall be applied to 
the data saved in devices for automatic or electronic data 
processing and media wherein such data are saved, which shall, 
upon the request of the court, be handed over in a legible and 
comprehensible form. The court and other authorities shall abide 
by the regulations on maintaining data secrecy. 
(5)  The following objects cannot be provisionally seized: 
1) papers and other documents of public authorities, 
publication of which would violate the obligation to keep data 
secret in terms of regulations laying down data secrecy, until the 
competent authority decides otherwise;  
2) the accused persons' letters to their defense attorney or 
the persons referred to in Article 109, paragraph 1, items 1, 2 and 
3 of the present Code unless the accused decide to hand them 
over voluntarily; 
        3)  recordings, extracts from the register and similar documents 
that are in possession of persons referred to in Article 108, item 3 of 
the present Code and that are made by such persons in relation to the 
facts obtained from the accused person while performing their 
professional service, if publication thereof would constitute 
violation of the obligation to keep a professional secret. 
(6) The  prohibition referred to in paragraph 5, item 2 of this 
Article shall not apply to the defense attorney or persons 
exempted from the duty to testify pursuant to Article 109, 
paragraph 1 of the present Code if reasonable doubt exists that 
they aided the accused parties in committing the criminal offence 
or they helped them after the criminal offence was committed or 
if they acted as accomplices by virtue of concealment. 
(7) The ruling referred to in paragraph 3 of this Article shall be 
made by the investigative judge during the investigation and by 
the Chair of the Panel after an indictment has been brought. 
 (8) The panel referred to in Article 24, paragraph 7 of the 
present Code shall decide on the appeal against a ruling referred 
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  36to in paras. 2 and 3 of this Article. An appeal against the ruling 
on imprisonment shall not stay the execution. 
 (9) Authorized police employees may seize objects referred to in 
paragraph 1 of this Article when proceeding pursuant to Articles 
257 and 263  of the present Code or when executing a court 
warrant. 
(10) When seizing objects it shall be indicated where they were 
found and they shall be described, and where appropriate, their 
identity shall be established in another way as well. A receipt 
shall be issued for the seized objects. 
(11) Measures referred to in paragraph 3 of this Article may not 
be enforced against the suspects or accused parties or persons 
relieved of duty to testify. 
(12) Provision of Article 481 of the present Code shall be applied 
on the provisional seizure of property gain.  
 
Denial of Disclosure or Issuing of Files 
Article 86 
 (1) State authorities may refuse to disclose or issue their files and 
other documents if they deem that disclosure of their contents would 
cause damage to the public interests, with the exception of case 
referred to in Article 90 of the present Code. If disclosure or 
handover of files and other documents was denied, the final decision 
shall be made by the panel referred to in Article 24,  paragraph 7 of 
the present Code. 
(2)  Enterprises or other legal entities may request that data related 
to their business operations are not publicly disclosed. The panel 
referred to in Article 24 paragraph 7 of the present Code shall 
decide on the request. 
 
Inventory and Sealing of Files 
 Article 87 
(1) An inventory of provisionally seized files that may be used as 
evidence shall be made. If that is not possible, the files shall be put 
in a cover and sealed. The owner of the files may put his/her seal on 
the cover.  
(2) The person from whom the files have been seized shall be 
summoned to attend the opening of the cover. If this person fails to 
appear or is absent, the cover shall be opened, the files examined 
and a list of them made in his/her absence.  
(3)  During the examination of files, attention shall be paid that their 
contents are not be disclosed to unauthorized persons.  
 
 
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  37 
Provisional Seizure of Letters, Telegrams and Other Parcels 
 Article 88 
(1)  The investigating judge may order, upon the motion of the State 
Prosecutor, that postal agencies, other enterprises and legal entities 
registered for the transfer of information retain and deliver to 
him/her, with the acknowledgement of receipt, letters, telegrams and 
other parcels sent to the suspect or accused person or sent by them if 
circumstances exist due to which it is reasonable to expect that these 
parcels would serve as evidence in the procedure. 
(2) The investigating judge shall open the consignments in the 
presence of two witnesses . When opening, care shall be taken not to 
damage the seals, while the covers and addresses shall be preserved. 
A record shall be made on the opening.  
 (3) Investigating judges shall inform State Prosecutors about the 
contents of letters, telegrams and other parcels and upon their 
request provide them with copies thereof and of the record referred 
to in paragraph 2 of this Article.  
(4) If the interests of the procedure allow so, the suspects or the 
accused parties, i.e. the addressees may be fully or partially 
informed on the contents of the shipment, which may be also 
delivered to them. If the suspects or the defendants are absent, the 
shipment shall be returned to the sender unless that is not in breach  
of interests of the procedure.  
 
Obtaining Information from the Competent Public 
Authority for Temporary Suspension of Monetary 
Transactions 
Article 89 
(1) State Prosecutors may request that the competent public 
authority performs control over the financial operations of certain 
persons and to submit them documentation and information which 
can be used as evidence of a criminal offence or of the proceeds of 
crime, as well as information about suspicious monetary 
transactions.  
(2) State Prosecutors may request that the competent authority or 
organization temporarily suspends the payment, or the issuing of 
suspicious money, securities and objects, at the longest for six 
months.  
(3) State Prosecutors shall specify in the motion referred to in 
paragraphs 1 and 2 of this Article in more detail the contents of 
measure of action they are requesting. 
(4) At the proposal of State Prosecutors, the court may issue a 
ruling ordering a temporary suspension of a certain monetary 
transaction when reasonable doubt exists that it constitutes a 
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  38criminal offence or that it is intended for the commission or 
concealment of a criminal offence or proceeds of crime. 
(5) By way of the ruling referred to in paragraph 4 of this 
Article, the court shall order that funds in check or cash form be 
provisionally seized and deposited into a special account where 
they will be kept until the completion of the proceedings with 
final force and effect or until conditions for their return are met. 
(6)  An appeal against the ruling referred to in paragraph 4 of this 
Article may be filed by the parties and the defense attorney, or 
the owner of funds or his/her proxy or the legal person from 
whom the funds have been provisionally seized. Such an appeal 
shall be decided upon by the panel referred to in Article 24, 
paragraph 6 of the present Code. 
 
Provisional Seizure of Property Gain and Financial 
Investigation for the Purpose of Extended Seizure of 
Property 
Article 90 
(1) In the procedure conducted for the criminal offence for which 
the Criminal Code provides for a possibility of extended seizure 
of property from the sentenced persons, their legal successors or 
persons to whom the sentenced persons have transfered their 
property who are not able to prove the legality of its origin, and 
grounds of suspicion exist that the property in question was 
illicitly acquired, the court may, at the proposal of a State 
Prosecutor, order the property to be provisionally seized.  
(2) The State Prosecutor shall initiate a financial investigation by 
way of an order against the suspects or accused persons for the 
criminal offence referred to in paragraph 1 of this Article, their 
legal successors or persons to whom the suspects or accused 
persons have transfered certain property.   
(3) During the financial investigation, evidence shall be collected 
on the property and revenues of suspects or accused persons, 
their legal successors or persons to whom the accused persons 
have transferred property that was acquired in the period 
prescribed by the Criminal Code.      
(4) In the procedure of provisional seizure of property referred to 
in paragraph 1 of this Article, provisions of the law regulating 
enforcement proceedings shall be applied accordingly, if 
provisions of the present Code do not prescribe otherwise.   
 
 
 
 
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  39Contents of the Request and Decision Making on the 
Request for Ordering Seizure of Objects, Property Gain 
or Property  
Article 91 
(1) The provisional seizure of objects, property gain or property 
shall be decided  by the investigative judge immediately or 
within eight days as of the receipt of request, or the Chair of the 
Panel before which the main hearing is conducted. The panel 
referred to in Article 24, paragraph 7 of the present Code shall 
decide on appeals filed against such rulings.  
(2) The State Prosecutor shall institute proceedings for ordering 
the provisional seizure of objects, property gain or property 
referred to in paragraph 1 of this Article. 
(3) The request of the State Prosecutor referred to in paragraph 2 
of this Article shall contain the following: a description of 
objects, property gain and property ; information on the person 
who is in possession of those objects, property gain or property; 
reasons for suspicion that the objects, property gain and property 
were illicitly acquired and reasons to believe that by the time 
criminal proceedings are completed it would be significantly 
difficult or hardly possible to confiscate objects or property gain 
or property obtained through the commission of a criminal 
offence.  
(4) If the court rejects the request referred to in paragraph 1 of 
this Article, the ruling on rejection shall not be furnished to the 
person referred to in paragraph 3 of this Article. 
 
Contents of the Ruling on the Provisional Seizure of 
Objects, Property Gain and Property and Appeal against 
the Ruling 
Article 92 
(1) In the ruling on the provisional seizure of objects, property 
gain and property, the court shall specify the type and value of 
the objects, property and the amount of property gain, as well as 
the period for which they shall be seized.  
(2) In the ruling referred to in paragraph 1 of this Article, the 
court may decide that the provisional seizure does not cover 
objects, property gain or property which should be excluded by 
virtue of the rules on innocent title transferees.  
(3) An appeal against the ruling referred to in paragraph 1 of this 
Article shall not stay execution.  
(4) The ruling with a statement of reasons referred to in 
paragraph 1 of this Article, shall be delivered by the court to the 
persons to whom the ruling refers, to the bank or other 
organization competent for payment transactions, and, where 
appropriate, to other persons and public authorities. 
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  40Scheduling a Hearing and Decisions on Appeal 
Article 93 
(1) When an appeal against the ruling on the provisional seizure of 
objects, property gain or property is filed, the panel referred to in 
Article 24, paragraph 7 of the present Code shall schedule a hearing 
and summon the person to whom the ruling relates to, his/her 
defense attorney and the State Prosecutor.  
(2)  The hearing referred to in paragraph 1 of this Article shall be 
held within 30 days from the date of the filing of the appeal. 
Summoned persons shall be heard at the hearing. Their failure to 
appear shall not preclude holding of the hearing. 
(3) The panel shall revoke the ruling referred to in paragraph 1 of 
this Article if the suspect or the accused proves the lawfulness of 
the origin of objects, property gain or property by plausible 
documents, or if, in the absence of plausible documents, s/he 
presents prima facie  evidence that the objects, property gain or 
property were lawfully acquired. 
(4) The panel shall reverse the ruling referred to in paragraph 1 
of the present Article if, in line with paragraph 3 of this Article,  
proof has been produced or prima facie  evidence established that 
the object, a part of property gain or property that were 
provisionally seized are of lawful origin. 
 
Duration of the Provisional Seizure of Objects, 
Property Gain and Property  
Article 94 
(1) The provisional seizure of objects, property gain or property 
may last at the most until the panel referred to in Article 24, 
paragraph 7 of the present Code renders a decision on the request 
of the State Prosecutor referred to in Article 486 of the present 
Code. 
(2) If the provisional seizure referred to in paragraph 1 of this 
Article is ordered during the preliminary investigation, it shall be 
revoked ex officio if the investigation has not been instituted 
within a term of six months as of the date of issuing the ruling on 
provisional seizure. 
(3) The ruling on the provisional seizure of objects, property gain 
or property may be revoked before the lapse of the period of time 
referred to in paragraphs 1 and 2 of this Article, by the court’s 
virtue of an office or upon request of the State Prosecutor or the 
interested party if it is proved that the measure is not needed or 
justifiable taking into consideration the gravity of the criminal 
offence, financial situation of the person the measure is imposed 
on or the situation of persons s/he is legally bound to support, as 
well as the circumstances of the case which indicate that seizure 
of objects, property gain and property will not be prevented or 
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  41considerably aggravated until the completion of the criminal 
proceedings.  
 
Enforcement of the Ruling on the Provisional Seizure 
of Objects, Property Gain and Property  
Article 95 
(1) The ruling on the provisional seizure of objects, property gain 
and property shall be enforced by the court competent for 
conducting the enforcement, in line with the law regulating the 
enforcement proceedings.  
(2) The court referred to in paragraph 1 of this Article shall be 
competent to decide on disputes in connection with enforcement. 
(3) On the date of opening of bankruptcy proceedings against a 
legal person who is in possession of objects, property gain or 
property that was provisionally seized, terms shall be met to file 
an interpleader in respect to these objects, property gain or 
property, as on mature amounts.  
 
Temporary Administration of Property and Assets 
Article 96 
The competent public authority shall manage the provisionally 
seized property and assets in accordance with the law regulating 
the care on provisionally seized and confiscated property.  
 
Return of Provisionally Seized Objects 
Article 97 
The objects which were provisionally seized in the course of 
criminal procedure shall be returned to the owner or holder if the 
procedure is discontinued and grounds for their seizure referred 
to in Article 477 of the present Code do not exist. The objects 
shall be returned to the owner or holder even before the 
completion of the criminal procedure if reasons for their seizure 
cease to exist. 
 
3. PROCEDURE OF DEALING WITH SUSPICIOUS 
OBJECTS   
 
Advertising Suspicious Objects 
Article 98 
(1) If an object belonging to another person is found in the 
possession of the suspect or accused, and it is unknown who the 
object belongs to, the authority conducting the procedure shall 
describe that object and post a notice containing a description in 
the daily paper. The notice shall contain an invitation to the 
owner to appear within one year from the notice posting date, 
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  42with a remark that the object would otherwise be sold. The 
proceeds obtained by the sale shall be entered into a special 
budget allotment for the work of courts. 
(2) If the object is perishable or its safekeeping would entail 
significant costs, the object shall be pursuant to the law 
regulating enforcement proceedings and the proceeds shall be 
delivered for safekeeping to the court deposit. 
(3) Provision referred to in paragraph 2 of this Article shall also 
be applied when the thing belongs to a fugitive or to unknown 
criminal offender. 
 
Deciding on Suspicious Objects 
Article 99 
(1) If in the course of one year no one comes forward and 
requires the objects or the proceeds obtained by the sale referred 
to in Article 98 of the present Code, a ruling shall be issued that 
the object shall become property of the state or that the proceeds 
shall be credited to the budget. 
(2) The owner of the object shall be entitled to request in civil 
proceedings the recovery of the object or proceeds acquired from 
the sale of the object. The statute of limitations with respect to 
this right shall start running from the date of the posting or 
publication. 
 
4. HEARING OF THE ACCUSED PERSON 
 
Instruction on the Rights and the Manner of Hearing of the 
Accused Person 
Article 100 
(1) When the accused persons are interrogated for the first time, 
they shall be asked for their first name and surname, personal 
identification number, nickname if there is one, the first name 
and surname of their parents, the maiden name of their mother, 
place of birth, address, the day, month and year of birth, 
nationality, whether they understand the Montenegrin language 
and what their language is , occupation, family situation, whether 
they are literate, their educational background, what their 
financial situation is, whether they have ever been convicted and 
if so when and why, whether they have served the imposed 
sentence and when, whether criminal procedure against them for 
another criminal offence is in progress, and if they are minors, 
who their legal representative is. 
(2) The accused persons shall be admonished that they are 
obliged to answer the summons and immediately notify of all 
changes of address or of intention to change their place of 
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  43residence and shall be warned of the consequences if they do not 
act accordingly. Thereafter, the accused persons shall be 
informed on the rights referred to in Article 8, paragraph 2 and 
Article 12 paragraph 3 of the present Code, of the offence they 
are charged with, grounds for suspicion against them, they shall 
be instructed that they are not obliged to present their defense or 
answer questions asked, and that their statement may be used as 
evidence in the procedure even without their consent and they 
shall be invited to present their defense.  
(3) The statement of the accused persons on the rights referred to 
in paragraph 2 of this Article shall be entered in the record and 
confirmed by the accused persons’ signatures. 
(4) The accused person shall be interrogated verbally. During 
hearing, the accused persons shall have the right to use their 
notes. 
(5) During hearing the accused person shall be enabled to present 
without hindrance on all incriminating circumstances against 
them and to present the facts serving for their defense. 
(6) After completing their statements, the accused persons shall 
be asked questions if it is necessary to fill gaps or remove 
contradictions and ambiguities in their presentation. 
(7) The accused persons shall be interrogated with full respect 
for their personalities. 
(8) Force, threat, deceit, extortion, exploitation or other means 
referred to in Article 154, paragraph 5 of the present Code may 
not be used against the accused person  in order to obtain their 
statement, confession or commission that may be used as 
evidence against them. 
(9) Accused persons may be interrogated in the absence of a 
defense attorney if they have expressly waived that right, 
provided that defense is not mandatory, if a defense attorney who 
has been informed on hearing in line with Article 282 of the 
present Code fails to appear and there is no possibility for the 
accused persons to choose another defense attorney, or if the 
accused person failed to secure the presence of a defense 
attorney at the first hearing even within 24 hours from the time 
they have been instructed of this right in line with Article 12, 
paragraph 3 of the present Code, except in the case of mandatory 
defense. 
(10) In the case of a failure to comply with the provisions of 
paragraphs 8 and 9 of this Article or if the accused person has 
not been instructed of the rights referred to in paragraph 2 of this 
Article, or if the accused person’s statements referred to in 
paragraph 9 of this Article on the need for the presence of a 
defense attorney have not been entered in the record, such a 
statement may not be used as evidence in the criminal procedure.   
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  44Manner of Hearing 
Article 101 
(1) Questions shall be put to the accused persons in a clear, 
comprehensible and precise manner so that they can fully 
understand them.  The hearing may not be based on the 
assumption that the accused persons have confessed something 
that they have not confessed, nor should leading questions be 
asked. 
(2) If the subsequent statements of the accused persons differ 
from previous ones, and especially if accused persons revoke 
their confession, the court may summon them to give an 
explanation why they have given different statements, that is, 
revoked their confession. 
 
Confrontation 
Article 102 
(1) The accused person may be confronted with a witness or 
another accused person if their statements regarding relevant 
facts do not correspond. 
(2) The confronted persons shall be placed one towards the other 
and shall be requested to repeat to each other their statements 
regarding each disputable circumstance and to argue whether 
their statements are true. The court shall enter in the record the 
course of confrontation as well as the final statements of the 
confronted persons. 
(3) Confrontantion may be recorded in an audio or audiovisual 
form, in which case a transcript of audio recording shall be 
made. 
 
Identification of Persons or Objects  
Article 103 
(1) If it is needed to establish whether the accused persons 
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, the 
accused persons 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 instruct the accused person on the rights referred 
to in Article 100 paragraph 2 of the present Code.  
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  45(3) Identification shall be conducted so that the person who is the 
object of identification may not see the accused person, nor may 
the accused person see that person before idetification 
commences. 
(4) Record shall be composed on the course of identification and 
on the statements of the accused person and a joint photo taken 
of persons or objects being identified, and where appropriate, 
audio or audiovisual recording may be carried out.  
 
Entering the Accused Person’s Statements in the Record  
Article 104 
(1) The accused person’s statement shall be entered in the record 
in a narrative form while the questions asked and answers shall 
be entered in the record only when they relate to the criminal 
case. 
(2) The accused persons may be permitted to dictate their 
statement into the record themselves. 
(3) The accused person’s statement may be audio or audio-
visually recorded, in which case a transcript of the audio record 
shall be made. A recording of the accused person’s statement 
shall constitute an integral part of the record on the hearing of 
the accused person and it may be used as evidence. A copy of the 
record or recordings shall be given to the accused persons if they 
requests so.  
 
Confession of the Accused Person and Further Collection of 
Evidence 
Article 105 
(1) In the case of confession of the accused person, the authority 
conducting the procedure shall continue collecting evidence on 
the criminal offence only if the confession is obviously false, 
incomplete, contradictory or unclear. 
(2) By way of exception from paragraph 1 of this Article, the 
authority conducting the procedure may decide not to collect 
evidence on the criminal offence when the confession is full, 
clear and true.  
 
Interrogation of the Accused Person through Interpreters 
Article 106 
(1) The hearing of the accused person shall be carried out 
through an interpreter in cases envisaged by this Code. 
(2) If the accused person is deaf, the questions shall be asked in 
writing, and if s/he is mute, s/he shall be asked to answer in 
writing. If the hearing may be performed in such a manner, a 
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  46person with whom the accused person is able to communicate 
shall be summoned as an interpreter. 
(3) If the interpreter has not previously taken an oath, s/he shall 
take the oath stating that s/he would faithfully communicate 
questions put to the accused person as well as statements given 
by the accused person. 
(4) Provisions of the present Code referring to expert witnesses 
shall be applied accordingly to interpreters. 
 
5. WITNESS 
 
Persons Who May Be Heard as Witnesses 
Article 107 
(1) Persons who are likely to provide information regarding the 
criminal offence and the perpetrator and other relevant 
circumstances shall be summoned as witness. 
(2) The injured party, subsidiary prosecutor and private 
prosecutor may be heard as witnesses. 
(3) Every person summoned as witness shall answer the 
summons and, unless otherwise prescribed by this Code, shall 
testify as well. 
 
Persons Who May Not Be Heard as Witnesses 
Article 108 
The following persons shall not be examined as witnesses: 
 1) persons who would by giving testimony violate the 
duty of keeping the data secret within the meaning of regulations 
prescribing data secrecy, until the competent authority releases 
them from that duty; 
 2) defense attorneys may not testify with regard to 
information accused persons have confided to them in their 
capacity as defense attorneys; 
3) persons who would by giving testimony violate the duty 
of keeping a professional secret (religious confessors, attorneys-
at-law, medical professionals and other health system employees, 
journalists, as well as other persons) unless they are relieved 
from this duty by a special regulation or statement of a person 
who benefits from the secret keeping. 
4) minors who, taking into consideration their age and 
mental development, are not capable to comprehend the 
importance of the right that they are not obliged to testify.  
 
 
 
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  47Persons Exempted from the Duty to Testify 
Article 109 
(1) Unless otherwise prescribed by this Code the following 
persons shall be exempted from the duty to testify: 
1) the accused persons’ spouses and their extra-marital 
partners; 
2) accused persons` direct blood relatives, collateral blood 
relatives up to the third degree as well as and their relatives by 
marriage up to the second degree; 
3)  accused persons` adopted children or adoptive parents. 
(2) Exemption from the duty to testify referred to in paragraph 1 
of this Article shall not relate to persons that were invited to 
testify in the procedure for the criminal offence of neglecting and 
abusing a minor, domestic violence or violence in a family 
community and incest, when a minor person is the injured party.  
(3) The court conducting the procedure shall instruct the persons 
referred to in paragraph 1 of this Article prior to their hearing or 
as soon as the court learns about their relation with the accused 
person that they are not obliged to testify. The instruction and the 
answer shall be entered in the record. 
(4)  If grounds exist for a person to refuse to testify with regard 
to one of the accused persons, that person shall be exempted 
from the duty to testify with regard to other accused persons as 
well if his/her testimony may not, by nature of the matter, limited 
only to other accused persons. 
 
Testimonies on Which Judgments May Not be Based 
Article 110 
If a person who may not be heard as a witness within the 
meaning of Article 108 of the present Code or a person who is 
not obliged to testify in line with Article 109 of the present Code 
was heard as a witness but was not cautioned thereof or has not 
expressly waived that right, or if the caution and the waiver were 
not entered into the record or if a witness’ testimony was 
obtained by torture or in a manner referred to in Article 154 
paragraph 4 of the present Code, the judgment may not be based 
on such witness testimony. 
 
Denial of Answer to Specific Questions 
Article 111 
Unless otherwise prescribed by this Code, witnesses have the 
right not to  answer particular questions if it is likely that they 
would thus expose themselves or persons referred to in Article 
109, paragraph 1 of the present Code to serious disgrace or 
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  48criminal prosecution, and the court shall inform the witness 
thereon. 
 
Summoning of Witnesses 
Article 112 
(1)  A witness shall be summoned by means of a written 
summons indicating the first name, surname and occupation of 
the person summoned, the time and place of appearance, the 
criminal case involved, a note that s/he is being summoned as a 
witness, and the instructions on the consequences of an 
unjustified failure to appear referred to in Article 119 of the 
present Code. 
(2) The summoning of a minor under sixteen years of age as a 
witness shall be done through their parents or legal 
representatives, except where it is not possible due to a need to 
act urgently, or due to other circumstances. 
(3) Witnesses who are in another country and witnesses who can 
not obey the summons due to their old age, illness or serious 
physical disabilities may be heard in their residence, and in 
exceptional cases by means of technical devices for the 
transmission of image or sound, so the parties can ask them 
questions even though they are not present in the same premises 
as the witness. For the needs of such a hearing, expert assistance 
referred to in Article 282, paragraph 8 of the present Code may 
be ordered. 
(4) The summoning of witnesses may be done over the phone 
and other electronic communication devices, if the witness 
agrees to obey such a summon. 
 
Manner of Hearing of Witnesses and Cautions by the Court 
Article 113 
(1) Witnesses shall be examined separately and in the absence of 
other witnesses.  Witness shall give their testimony orally. 
(2) Witness shall be previously warned that they are obliged to 
tell the truth and not to withhold anything, and also cautioned 
that giving false testimony constitutes a criminal offence. 
Witnesses shall be instructed of the right referred to in Article 
111 of the present Code and such instruction shall be entered in 
the record. 
(3) After the caution and warning referred to in paragraph 2 of 
this Article, witnesses shall be asked about their first name and 
surname, their father’s or mother’s name, occupation, place of 
residence, place and year of birth, and their relation to the 
accused and the injured party. Witnesses shall be admonished 
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  49that they are bound to notify the court of changes of their address 
or residence. 
(4) When a minor is heard, especially if a minor was injured by 
the criminal offence, special care shall be taken in order to 
ensure that the hearing would not have an adverse effect on the 
minor’s mental condition. When necessary, the minor shall be 
heard with assistance of a psychologist or another expert. 
(5)  Injured parties who are victims of a criminal offence against 
sexual liberty, as well as children being examined as witnesses, 
shall be entitled to testify in separate premises before a judge and 
a court reporter, whereas the Prosecutor, accused person and 
defense attorney shall be given the possibility to view the course 
of hearing from other premises and to put questions to the 
witness, after having been duly instructed by the court thereon. 
The instruction shall be entered in the record. 
(6) The court may decide that the provision of paragraph 5 of this 
Article be also applied to the testimony of the injured party who 
is the victim of dicrimination.   
 
Hearing and Confrontation of Witnesses 
Article 114 
(1) After general questions, witnesses shall be called upon to 
state everything known to them about the criminal case, 
whereupon questions shall be directed to them in order to check, 
complete or clarify the testimony. It shall be forbidden to deceive 
the witness or to ask leading questions during the hearing of 
witnesses. 
(2) Witnesses shall always be asked how do they know the facts 
they are testifying about. 
(3) Witnesses may be confronted if their statements do not match 
as regards important facts. Only two witnesses may be 
confronted simultaneously. Provisions referred to in Article 102, 
paragraphs 1 and 3 of the present Code shall be applied 
accordingly regarding the confrontation of witnesses. 
(4) Injured parties heard in the capacity of witnesses shall be 
asked about their desires with respect to satisfaction of a 
property claim in the criminal proceedings. 
 
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 
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  50objects 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.  
 
 Hearing of Witness Through an Interpreter 
Article 116 
If witnesses testify through an interpreter or if witnesses are deaf 
or mute, they shall testify pursuant to Article 106 of the present 
Code. 
 
Taking an Oath 
Article 117 
(1) Witnesses may be required to take the oath before testifying. 
(2) Before the main hearing, witnesses may take the oath only if 
concern exists that they will not be able to appear at the main 
hearing due to illness or other reasons.  Reasons why the oath 
was taken then shall be entered into the record. 
(3)  The text of the oath is worded as follows: "I do swear to tell 
only the truth about everything I am asked before the court, and 
not to withhold anything which has come to my knowledge". 
(4) Witnesses shall take an oath orally by reading its text or by 
answering affirmatively after the contents of the oath has been 
read to him by the authority before which the proceedings are 
conducted. Witnesses that are mute and literate shall sign the text 
of the oath, and those deaf or mute who are illiterate shall be 
sworn through an interpreter. 
(5)  The rejection of the witness to take an oath and the grounds 
thereof shall be entered into the record. 
 
Persons Forbidden to Take an Oath 
Article 118 
The following persons shall not take an oath: 
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  511) who are not of age at the time of hearing; 
2) for whom it has been proved or grounded suspicion 
exists that they have committed or participated in the 
commission of an offence for which they are being heard; 
3) who due to their mental conditions are unable to 
comprehend the importance of the oath. 
 
Measures to Provide for Appearance of Witnesses and 
Procedural Penalties 
Article 119 
(1)   If duly summoned witnesses fail to appear and do not justify 
their absence, or if they leave without authorization or justifiable 
reason the place where they are to testify, the court may order 
their compulsory apprehension as well as impose a fine in an 
amount not exceeding  €1.000. 
(2) If witnesses appear and after being warned and cautioned in 
line with Article 113, paragraph 2 of the present Code, refuse to 
testify without a legal cause, they may be punished by a fine in 
an amount not exceeding €1.000, and if thereafter they still 
refuse to testify, they may be imprisoned. Imprisonment shall 
last until witnesses agree to testify or until their testimony 
becomes irrelevant or until the completion of the criminal 
procedure, but not longer than two months.  
(3) If witnesses offend the court and other participants in the 
procedure or threaten them, the court shall warn them and may 
impose a fine in an amount not exceeding €1.000. 
(4) In the preliminary investigation and investigation, the fines 
referred to paragraphs 1, 2 and 3 of this Article shall be imposed 
by the court at the motion of the State Prosecutor. 
(5) The panel referred to in Article 24, paragraph 7 of the present 
Code shall decide on an appeal against the ruling ordering a fine 
or imprisonment. An appeal against a ruling on imprisonment 
shall not stay the enforcement. 
 
Protection of Witnesses from Intimidation 
Article 120 
(1) If reasonable concern exists that by giving a statement or 
answering certain questions witnesses would put in danger their, 
their spouse’s, close relative’s or a close person's life, health, 
physical integrity, freedom or property of great value, witnesses 
may withhold from giving the data referred to in Article 113, 
paragraph 3 of the present Code, answering certain questions or 
giving the statement altogether until their protection is secured. 
If it finds that the refusal to give a statement is manifestly ill-
founded, the authority conducting the proceedings shall caution 
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  52witnesses that fines specified in Article 119 of the present Code 
may be imposed on them. 
(2) Witness protection shall consist of special ways of 
participating and hearing witnesses in the criminal procedure. 
(3) Protection of witnesses and other persons referred to in 
paragraph 1 of this Article may be secured beyond the criminal 
procedure as well, in line with the law regulating witness 
protection.   
(4) The court shall inform the witness on the rights referred to in 
paragraphs 1, 2 and 3 of this Article. 
 
Special Ways of Participating and Hearing Protected 
Witnesses  
Article 121 
(1) Special ways of participating and hearing witnesses in the 
criminal procedure are: hearing of witnesses under pseudonym, 
hearing with assistance of technical devices (protective wall, 
voice simulators, devices for transmission of image and sound) 
and alike. 
(2) If special way of hearing of witnesses in the procedure 
consists only of withholding data referred to in Article 113, 
paragraph 3 of the present Code, the hearing shall be done under 
pseudonym, while in other part of the procedure, the hearing 
shall be done in accordance with general provisions of the 
present Code on the hearing of witnesses. 
(3)  If special ways of participating and hearing witnesses in the 
procedure consists of withholding data referred to in Article 113, 
paragraph 3 of the present Code as well as of hiding the face of 
the witness, hearing shall be done through technical devices for 
transmission of image and sound. The specialist referred to in 
Article 282, paragraph 8 of the present Code shall operate a 
technical device. During the hearing, face and voice of the 
witness shall be changed. During the hearing, witnesses shall be 
in the room other than the one where the investigating judge and 
other persons present at the hearing are. The investigating judge 
shall ban all the questions which could lead to revealing the 
identity of witnesses. 
(4) After the hearing has been completed, witnesses shall sign 
the record using pseudonym only in the presence of the 
investigative judge and court reporter. 
(5) Persons who in whatever capacity, learn the details about the 
witness referred to in paragraphs 2 and 3 of this Article shall 
keep them secret. 
 
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  53Deciding on Special Ways of Participating and Hearing 
Witnesses and Protection of Data  
Article 122 
(1) The ruling on the special manner of participation and hearing 
of the protected witness in investigation shall be issued by the 
investigative judge at the motion of witnesses, the accused 
person, the defence counsel or the State Prosecutor, whereas at 
the main hearing it shall be issued by the Panel. The motion shall 
contain a statement of reasons. 
(2) The investigating judge shall, prior to issuing the ruling, 
ascertain as to whether the testimony of the witness is of such a 
relevance to be given the status of a protected witness. For the 
purpose of ascertaining these facts, the investigating judge may 
fix a hearing for the State Prosecutor and the witness to appear in 
court. 
(3) Details of the witness who is to participate in a special way in 
the procedure shall be sealed in a special cover and kept by the 
investigative judge. A note shall be put on the cover saying 
"Protected Witness – Secret".  The cover envelope may be 
opened only by the panel adjudicating at the main hearing and 
the second instance court in the appellate procedure, but the 
opening thereof shall be entered into the record together with the 
names of the members of the panel who came to the knowledge 
of its contents. After this the cover shall be sealed again and 
returned to the investigative judge. 
 
Probative Value of the Protected Witness’s Statement 
Article 123 
(1) Provisions of Articles  120, 121 and 122 of the present Code 
shall be applied to the hearing of protected witness at the main 
hearing as well. 
(2) A judgment may not be based solely on the statement given 
by the witness in the manner set forth in Articles 120, 121 and 
122 of the present Code. 
 
Protection of the Injured Party while Giving a Statement 
Article 124 
Provisions of Articles 120 to 123 of the present Code shall be 
applied accordingly to participation and hearing of the injured 
party in the criminal proceedings as well. 
 
Cooperative Witnesses 
Article 125 
(1) The State Prosecutor may put a motion to the court to 
examine as a witness a member of the criminal organization, i. e. 
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  54criminal group who consents to do so (hereinafter: cooperative 
witness) against whom criminal charges have been brought or 
criminal proceedings have been instituted for an organized crime 
offence referred to in Article 22 paragraph 8 of the present Code 
if it is certain that: 
-  their statement and evidence provided to the court will  
significantly contribute in proving the criminal offence in 
question and culpability of perpetrators or assist in revealing, 
proving and preventing other criminal offences of the criminal 
organization or criminal group and 
- the significance of their statement as to proving these 
criminal offences and culpability of other perpetrators prevails 
over the harmful consequences of the criminal offence they have 
been charged with. 
(2) The motion referred to in paragraph 1 of this Article may be 
put by the State Prosecutor by the completion of the main 
hearing, and such a motion shall contain the facts and data on the 
basis of which the court shall issue a ruling on establishment of 
the status of a cooperative witness. 
(3) Cooperative witness may not be a person for whom 
reasonable doubt exists that s/he is an organizer or a leader of a 
criminal organization i.e. criminal group.   
 
Admonishing Cooperative Witnesses 
Article 126 
(1) Before submitting the motion referred to in Article 125 
paragraph 1 of the present Code, the State Prosecutor shall warn 
and admonish the witness proposed for cooperative witness 
regarding the obligations referred to in Article 113, paragraph 2 
of the present Code. The cooperative witness may not invoke 
exemption from the duty to testify referred to in Article 109 of 
the present Code and the obligation not to answer to certain 
questions referred to in Article 111 of the present Code. 
(2) The State Prosecutor shall enter into a record the admonition 
and caution referred to in Article 113 paragraph 2 of the present 
Code, answers of the person proposed to be a cooperative 
witness and his/her statement that s/he would report everything 
known to him/her and that s/he would not withhold anything. 
The record shall be signed by that person. If the person proposed 
to be a cooperative witness does not speak the Montenegrin 
language, translation of the record shall be provided into his/her 
language, and s/he shall then sign the record. The record shall be 
enclosed with the motion referred to in Article 125, paragraph 1 
of the present Code.  
(3) If the State Prosecutor finds that grounds exist that an 
accused person in detention be proposed as cooperative witness, 
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  55the court will enable the State Prosecutor to establish a contact 
with the accused person, in order to perform the actions referred 
to in paragraphs 1 and 2 of this Article. 
 
Deciding on the Proposal of the State Prosecutor 
Article 127 
(1) The panel referred to in Article 24, paragraph 7 of the present 
Code shall decide on the motion of the State Prosecutor referred 
to in Article 125 of the present Code during investigation and 
until the beginning of the main hearing, and at the main hearing - 
the panel  before which the main hearing is held. 
(2) The State Prosecutor, person proposed to be a cooperative 
witness and his/her defense attorney shall be invited to attend the 
session of the panel to decide whether prerequisites are met 
referred to in Article 125 of the present Code.  The session shall 
be held behind closed doors. Statements made at this session 
may not be used in the criminal proceedings against the person 
proposed to be a cooperative witness as evidence for declaring 
that person guilty.  
(3) The State Prosecutor may file an appeal against the ruling of 
the panel referred to in paragraph 1 of this Article by which the 
motion of the State Prosecutor has been rejected, within 48 hours 
from the receipt thereof. A superior court shall render a decision 
on the appeal within three days from receipt of the appeal and 
files from the first instance court.  
(4) If the panel has granted the motion of the State Prosecutor, it 
shall order that records and official annotations regarding the 
previous statements made by the cooperative witness in the 
capacity of a suspect and accused person be separated from the 
files and they may not be used as evidence in the criminal 
proceedings, except in the cases referred to in Article 130 of the 
present Code.  
(5) If the accused person is detained, and the panel decides 
pursuant to paragraph 4 of this Article, it shall simultaneously 
issue a ruling on termination of detention.  
 
Ruling on Acknowledgment of Cooperative Witness 
Status 
Article 128 
(1) If after deliberation held pursuant to Article 127 of the 
present Code it is established that prerequisites are met referred 
to in Article 125, paragraph 1 of the present Code, the panel shall 
issue a ruling by which the suspect or the accused  is 
acknowledged as a cooperative witness. 
(2) If the panel is deciding on the motion for acknowledging the 
cooperative witness against whom a criminal charge has been 
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  56submitted or investigation initiated, the panel shall, before 
determining whether the conditions referred to in paragraph 1 of 
this Article have been meet, establish the existence of the 
conditions set forth by Article 22 item 8 of the present Code.   
(3) The ruling shall state the following: that criminal proceedings 
shall not be instituted or continued against the cooperative 
witness; description of the act that constitutes the elements of the 
definition of the criminal offence and the statutory title of the 
criminal offence to which the prohibition of institution or 
continuation of criminal proceedings  applies, the nature and 
contents of cooperation to be provided by the cooperative 
witness and conditions under which the ruling may be annulled. 
(4) The ruling referred to in paragraph 1 of this Article shall be 
delivered to the State Prosecutor, cooperative witness and his/her 
defense attorney. 
 
Impossibility of Criminal Prosecution 
Article 129 
(1) Cooperative witness who has made a statement before the 
court pursuant to the provisions of Article 126, paragraphs 1 and 
2 of the present Code may not be prosecuted for the criminal 
offence of organized crime for which the proceedings are being 
conducted. 
(2) When the court states in its ruling that has been entered into 
record at the main hearing that the cooperative witness has made 
a statement within the meaning of paragraph 1 of this Article, the 
State Prosecutor shall dismiss the criminal charge or refrain from 
prosecution of the cooperative witness at the latest until the 
completion of the main hearing being conducted against other 
members of the criminal organization, i.e. criminal group and the 
court shall render a decision by which the charges against the 
cooperative witness are rejected.  
(3) In the case referred to in paragraph 2 of this Article the 
provisions of Article 59 of the present Code shall not be applied. 
 
Annulment of the Ruling 
Article 130 
(1) If cooperative witnesses fail to make a statement pursuant to 
Article 126, paragraphs 1 and 2 of the present Code or if they 
commit a new criminal offence of organized crime before the 
final completion of the proceedings, the State Prosecutor shall 
propose that the ruling referred to in Article 128, paragraph 1 of 
the present Code be annulled and shall continue the prosecution 
or institute criminal proceedings for both offences. 
(2) If during the proceedings a previous organized crime criminal 
offence committed by the cooperative witness is revealed, the 
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  57State Prosecutor shall proceed in accordance with the provisions 
of Article 125 of the present Code. Afterwards, the State 
Prosecutor may propose that the ruling referred to in Article 128, 
paragraph 1 of the present Code be annulled and continue 
prosecution, i.e. institute criminal proceedings for that offence 
and the one that was previously committed. 
(3) If during the proceedings a previous criminal offence 
committed by the cooperative witness is revealed and it does not 
constitute organized crime offence, the State Prosecutor shall 
proceed in line with the general rules of the present Code.  
 
Protection of Cooperative Witness 
Article 131 
(1) Unless the panel, upon a proposal by the State Prosecutor and 
with the consent of the cooperative witness, decides otherwise, 
examination of the cooperative witness shall be held behind 
closed doors. 
(2)  Prior to rendering the decision referred to in paragraph 1 of 
this Article, the Chair of the Panel shall, in the presence of the 
defense attorney, inform cooperative witnesses of the State 
Prosecutor’s proposal and of their right to be examined behind 
closed doors. When cooperative witnesses make a statement 
concurring to be heard in the presence of public, that statement 
shall be entered into the record.  
(3) The State Prosecutor may propose that the cooperative 
witnesses, their spouses, close relatives or close persons be 
provided special protection under Article 120 of the present 
Code.  
 
Probative Significance of the Statements of Cooperative 
Witnesses 
Article 132 
The court may not find a person guilty solely on the grounds of 
evidence obtained by the testimony of a cooperative witness. 
 
6. CRIME SCENE INVESTIGATION AND 
RECONSTRUCTION 
  
Conducting Crime Scene Investigation 
Article 133 
Crime scene investigations shall be conducted when direct 
observation is needed to establish or clarify some relevant facts 
in the procedure. 
 
 
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  58Reconstruction of Events 
Article 134 
(1) In order to verify the evidence presented or to determine the 
facts relevant to the clarification of the matter, the authority 
conducting the procedure may order a reconstruction of the event 
which shall be conducted by reproducing the acts or situations 
under conditions that, according to the evidence presented, 
existed at the time when the event took place. If acts or situations 
were described differently in the statements of certain witnesses 
or accused persons, the events shall, as a rule, be separately 
reconstructed with each of them. 
(2) The action referred to in paragraph 1 of this Article may be 
carried out in whole or partially by using adequate technical 
means.  
(3) Reconstructions may not be performed in such a manner to 
breach public peace order and offend morality or endanger 
human life or health. 
(4) Where necessary, certain evidence may be presented again 
during the reconstruction. 
 
Assistance of an Expert and Expert Witness 
Article 135 
(1) The authority conducting the crime scene investigation or 
reconstruction may ask for the assistance of an expert in 
forensics, traffic science or other expert who shall, where 
necessary, undertake measures to discover, secure or describe 
traces, execute the necessary measurements and recordings, 
make sketches or collect other data. 
(2) Expert witnesses may also be summoned to be present at the 
crime scene investigation or reconstruction if their presence 
would be useful for providing findings and opinions. 
 
7. FORENSIC EXAMINATION 
 
Ordering Forensic Examination 
Article 136 
Forensic examination shall be ordered when, with a view to 
determine or assess a relevant fact, it is necessary to obtain 
findings and the opinion of a person who possesses necessary 
expertise. 
 
 
 
 
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  59Order for Forensic Examination 
Article 137 
(1) Forensic examination shall be ordered by a written order of 
the authority conducting the procedure and it shall contain the 
following: the task and scope of forensic examination, deadline 
for submitting the findings in written form and designation of the 
person to carry out the forensic examination that is enrolled in 
the Register of Court Experts (hereinafter: the Register). The 
order shall be delivered to the parties as well. 
(2) If a specialized institution exists for a certain type of forensic 
examination, or the forensic examination may be performed by a 
public authority, such forensic examinations, particularly 
complex ones, shall as a rule be assigned to such an institution, 
i.e. authority. The institution or the authority shall appoint one or 
more experts specialized in the appropriate field who shall 
deliver forensic examination. 
(3) When the authority conducting the procedure appoints an 
expert witness, this authority shall, as a rule, appoint one expert 
witness, and if the forensic examination is a complex one - two 
or more expert witnesses. 
(4) In cases of certain forensic examinations, when no expert 
witnesses have been appointed by the court or all expert 
witnesses for a particular field are prevented from conducting the 
forensic examination within proper deadline, the forensic 
examination may be conducted by a person having permanent or 
temporary residence in another state or a person who is not 
enrolled in the Register. 
 
Duty of Expert Witnesses and Procedural Penalties 
Article 138 
(1) Expert witnesses shall obey the summons and present their 
findings in written form and opinion within a term determined in 
the order. Upon a motion of an expert witness the term 
determined in the order may be prolonged if justifiable reasons 
exist. 
(2)  If duly summoned expert witnesses fail to appear and do not 
justify their absence, or if they refuse to perform forensic 
examination or offend the authority conducting the proceedings 
or other participants in the proceedings or if they fail to present 
their findings and opinion within the term determined in the 
order, they may be fined in an amount not exceeding €1.000 
while the specialized institution or another legal entity may be 
fined in an amount not exceeding €5.000. In the case of an 
unjustifiable absence the expert witness may be brought by 
force. 
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  60(3) In the preliminary investigation and investigation, the 
penalties referred to in paragraph 2 of this Article shall be 
imposed by the court at the proposal of the State Prosecutor. 
(4) The panel referred to in Article 24, paragraph 7 of the present 
Code shall decide on the appeal against the ruling ordering a 
fine. 
 
Persons Who May Not be Appointed as Expert Witnesses 
Article 139 
(1) Persons who may not testify as witnesses in line with Article 
108 of the present Code or persons exempted from the duty to 
testify within the meaning of Article 109 of the present Code 
may not be appointed an expert witness, neither may a person 
against whom the criminal offence was committed. If such a 
person is appointed, the court’s decision may not be based on 
his/her findings or opinion. 
(2) Persons who are employed by the injured party or the 
accused may not be appointed an expert witness, or if the injured 
party or the accused are employed by the expert witness or if the 
expert witness is together with them or with some of them 
employed by other employer. 
(3) As a rule, a person heard as a witness shall not be appointed 
an expert witness. 
(4) When an interlocutory appeal is allowed against the ruling 
rejecting the petition for the recusation of an expert witness 
within the meaning of Article 41, paragraph 4 of the present 
Code, this appeal shall stay the giving of the forensic 
examination if there is no risk of delay. 
 
Procedure of Forensic Examination 
Article 140 
(1) Before the commencement of the forensic examination, 
experts shall be asked to thoroughly examine the object of their 
examination, to indicate accurately everything they notice and 
discover and to present their opinion without bias and in 
accordance with the rules of the science or skills. They shall be 
especially cautioned that giving a false expert witness opinion 
testimony constitutes a criminal offence. 
(2) Expert witnesses may be required to take the oath before 
giving their testimony. Before giving an expert witness opinion 
testimony, experts enrolled in the Register shall only be warned 
about the oath they have already taken. 
(3) The text of the oath is worded as follows: "I do swear to 
perform the examination conscientiously and impartially, 
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  61according to my best knowledge and to present my findings and 
opinion precisely and completely". 
(4)  The authority conducting the procedure shall make sure that 
through forensic examination all the relevant facts are 
determined and made clear, and for that purpose shows to expert 
witnesses the object to be examined, asks them questions and 
where appropriate, requires clarifications on the given findings 
and opinion. 
(5) Expert witnesses may receive explanations and may be 
permitted to inspect the files as well. Expert witnesses may 
propose that some evidence be presented or objects and 
information be obtained which are of relevance for giving 
findings and opinions. If present at the crime scene investigation, 
reconstruction or other investigative action, expert witnesses 
may propose the clarification of certain circumstances or that 
person who is testifying be asked certain questions. 
 
Examination of Objects of Forensic Examination 
Article 141 
(1) Expert witnesses shall examine the objects of the forensic 
examination in the presence of the authority conducting the 
procedure as well as the court reporter, unless lengthy 
examinations are necessary for the forensic examination or if the 
examinations are carried out in a specialized institution or public 
authority, or if this is required by moral considerations. 
(2) If it is necessary for the purposes of performing forensic 
examination to carry out analysis of some substance, if possible, 
only part of this substance shall be made available to the expert 
witness while the rest shall be secured in a necessary quantity in 
case further analyses are needed. 
 
Entering Findings and Opinions into the Record 
Article 142 
The findings and opinion of the expert witness shall be 
immediately entered into the record.  
 
Forensic Examination by a Specialized Institution or Public 
Authority 
Article 143 
(1) If the forensic examination is assigned to a specialized 
institution or public authority, the authority conducting the 
procedure shall be admonished that persons who are not 
specialized in the appropriate field or persons referred to in 
Articles 139 and 148 of the present Code that may be recused 
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  62from forensic examination or within the meaning of Article 43 of 
the present Code may not participate in performing forensic 
examination and shall be subsequently warned about the 
consequences of giving false findings and opinions as well. 
(2) The materials necessary for forensic examination shall be 
made available to the specialized institution or public authority 
and where necessary it shall be further proceeded pursuant to the 
provisions of Article 140, paragraph 5 of the present Code. 
(3) The specialized institution or public authority shall deliver 
the written expert findings and opinion signed by the persons 
who made the forensic examination. 
(4) The parties may request from the head of specialized 
institution or public authority to give them the names of the 
experts who will provide the forensic examination. 
(5) The provisions of Article 140, paragraphs 1 to 4 of the 
present Code shall not apply when performance of forensic 
examination is assigned to a specialized institution or public 
authority. The authority conducting the procedure may request 
explanations regarding the presented expert findings and opinion 
from the specialized institution or public authority. 
 
Record of Forensic Examination and the Right of Its Inspection 
Article 144 
(1) The record on the forensic examination or the written expert 
findings and opinion shall state who performed the examination 
as well as the occupation, educational background and expertise 
of the expert witness. 
(2) When the forensic examination is performed in the absence 
of the parties, they shall be notified that forensic examination 
was performed and that they may inspect the record on the 
forensic examination and the written expert findings and opinion. 
 
Repeated Forensic Examination 
Article 145 
If several expert witnesses are appointed to carry out the 
examination, and data in their findings do no correspond on 
essential points, or if their findings are ambiguous, incomplete or 
contradictory internally or with the investigated circumstances, 
and if these anomalies cannot be removed by a re-examination of 
the experts, a repeated forensic examination shall be conducted 
by other expert witnesses. 
 
 
 
 
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  63Additional Forensic Examination 
Article 146 
If the opinion of the expert witness is contradictory or 
inconsistent, or if grounded suspicion arises that the opinion is 
inaccurate, and these  deficiencies or suspicion may not be 
removed by a re-examination of the expert witness, the opinion 
of other expert witnesses shall be requested or a new forensic 
examination shall be conducted by other expert witnesses. 
 
Examination, Autopsy and Exhumation of a Corpse 
Article 147 
(1)  Examination of a corpse and autopsy shall be performed 
whenever there is suspicion related to a death case, or if it is 
evident that death was caused by a criminal offence or that is 
related to the commission of a criminal offence. If the corpse has 
already been buried, an exhumation shall be ordered for the 
purpose of its examination and autopsy. 
(2) While performing an autopsy, necessary measures shall be 
taken in order to establish the identity of the corpse. The external 
and internal physical characteristics of the corpse shall be 
described in detail for that purpose. 
(3) When required, the following scientific and specialized 
methods of identification shall be used: taking fingerprints from 
corpses and comparing them, analyzing DNA samples and 
comparing found DNA profile with the DNA profile of a missing 
person or other person, blood relatives of the person presumed to 
be the subject of identification, and, where appropriate, carrying 
out other analyses and applying other scientific and specialized 
methods for the purpose of identifying a corpse. 
(4) Taking biological samples for the purposes of DNA analyses 
in the criminal proceedings, packing of biological material, 
keeping, processing, keeping samples and results obtained 
through DNA analyses shall be conducted in the manner 
prescribed by a special law. 
 
Forensic Examination Not Assigned to an Institution 
Article 148 
(1) When forensic examination is not assigned to a specialized 
institution, examination and autopsy of a corpse shall be carried 
out by one physician and if necessary, by two or more physicians 
who, as a rule, should be specialized in forensic medicine. The 
State Prosecutor in the preliminary investigation and 
investigation, i.e. the Chair of the Panel after an indictment has 
been brought shall order and direct forensic examination and 
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  64shall enter the findings and opinion of the expert witness into the 
record. 
(2) A physician who treated the deceased person may not be 
appointed as an expert witness. The physician who treated the 
deceased person may testify as a witness at the autopsy in order 
to clarify the course and circumstances of the disease. 
 
Contents of the Expert Witness’ Opinion and Duties of Expert 
Witnesses During Examination and Autopsy of a Corpse  
Article 149 
(1) In their expert opinion witness testimony, the expert 
witnesses shall specifically indicate the immediate cause of 
death, what brought it about, and when the death occurred. 
(2)  If an injury is found on the corpse, it shall be determined 
whether it was inflicted by another person and if so, by what 
instrument, in which way, how long before the death occurred, as 
well as whether such an injury was the cause of death. If several 
injures are found on the corpse, it shall be established whether 
each particular injury was inflicted by the same instrument and 
which of them caused the death and if there is more than one 
lethal injury, which particular injury or which injuries in 
combination were the cause of death. 
(3) In the case referred to in paragraph 2 of this Article it shall be 
specifically  determined whether death was caused by the very 
sort and general nature of the injury or due to the peculiarity or 
the specific condition of the organism of the injured person or 
due to accidental circumstances or circumstances under which 
the injury was inflicted. In addition, it shall be established 
whether assistance provided in time would have prevented death. 
(4) The expert witness shall scrutinize the biological material 
that was found  (blood, spittle, sperm, urine etc.), to describe it 
and keep it for a biological forensic examination, if one is 
ordered. 
 
Examination and Autopsy of a Fetus and a Newborn Infant 
Article 150 
(1) When performing examination and autopsy of a fetus, its age 
in particular shall be established as well as his capability of 
independent existence outside the uterus and the cause of death. 
(2) In an examination and autopsy of the corpse of a newborn 
infant a specific determination shall be made as to whether the 
infant was born alive or stillborn, were it was capable to live, 
how long the infant lived, and the time and cause of death. 
 
 
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  65Toxicological Examination 
Article 151 
(1) If there is a suspicion of poisoning, the suspicious substances 
found in the corpse or elsewhere shall be sent for forensic 
examination to a specialized institution that performs 
toxicological tests. 
(2)  When examining suspicious substances, the expert witness 
shall especially ascertain the type, the quantity and the effects of 
the poison discovered, and if the substances examined were 
taken from the corpse, the quantity of poison used shall, if 
possible, also be established. 
 
Forensic Examination of Bodily Injuries 
Article 152 
(1) Forensic examination of bodily injuries shall in principle be 
based on an examination of the injured party and if this is neither 
possible nor necessary it shall be based on medical records or 
other information available in the files. 
(2)  After providing an accurate description of the injures, the 
expert witness shall give his/her expert opinion particularly on 
the type and severity of each injury and their overall effect 
regarding their nature or particular circumstances of the case, 
what effect these injuries usually have and what effect they had 
in this specific case, by what instrument they were inflicted and 
in which way. 
(3) In the course of performing forensic examination, the expert 
witness shall proceed pursuant to a provision of Article 149, 
paragraph 4 of the present Code. 
 
Psychiatric Examination   
Article 153 
(1) If suspicion arises that the accused person’s mental capacity 
is excluded or diminished due to mental illness, temporary 
mental disorder, mental deficiency or other serious mental 
disorder, a psychiatric examination shall be ordered. 
(2)  If, in the opinion of experts, a longer observation is needed, 
the accused person shall be committed for observation to a 
psychiatric institution.  The investigating judge or the panel shall 
render a ruling thereon. The observation may be prolonged for 
more than two months only upon a substantiated motion from the 
head of the psychiatric institution and with a previously obtained 
opinion of the expert witness, but it may not exceed the term of 
six months under no circumstances. 
(3) Accused persons and their defense attorneys may appeal the 
ruling referred to in paragraph 2 of this Article within 24 hours 
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  66following the receipt of the ruling by the accused, i.e. defense 
attorney. The panel referred to in Article 24, paragraph 7 of the 
present Code shall decide on the appeal within 48 hours, and if 
the challenged ruling was rendered by that panel, or the panel at 
the main hearing, the panel of the immediately superior court 
shall render a ruling on the appeal. An appeal shall not stay the 
enforcement of the ruling.  
(4) If expert witnesses establish that the accused person’s mental 
condition is disordered, they shall determine the nature, type, 
degree and duration of the mental disorder and give their opinion 
on the effect such a mental condition had and still has on the 
accused person’s cognition and behavior and whether and to 
what degree the mental disorder existed at the time the criminal 
offence was committed. 
(5) If an accused person who is in detention is sent to a 
psychiatric institution, the investigating judge or the Chair of the 
Panel shall notify this institution of the grounds for detention in 
order to undertake the measures necessary for securing the 
purpose of the detention. 
(6) The time spent in a psychiatric institution shall be included in 
the term of detention or credited against the accused person’s 
imprisonment sentence, should a sentence be imposed. 
 
Physical Examination and Other Procedures 
Article 154 
(1) Physical examination of the suspect or accused person shall 
be carried out without their consent if it is necessary to determine 
facts relevant to the criminal procedure. Physical examination of 
other persons may be carried out without their consent only if it 
is necessary to determine whether there is a certain trace or 
consequence of a criminal offence on their body. 
(2) Taking blood samples and other medical procedures 
performed according to the rules of medical science in order to 
analyze and determine other relevant facts for the criminal 
proceedings may be carried out even without the consent of the 
person under examination provided that no detrimental 
consequence for his/her health ensue therefrom. 
(3) Taking saliva samples for the purpose of carrying out DNA 
analyses shall be allowed where it is necessary in order to 
identify persons or in on order to make a comparison with other 
biological traces and other DNA profiles and it shall not require 
the consent of the person involved nor shall this action be 
regarded as posing a health risk.  
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  67(4) If the suspect or accused person opposes actions referred to in 
paragraphs 1 and 2 of this Article, they may be undertaken only 
upon the order of the court having jurisdiction.   
(5) Applying any medical intervention on the suspect, accused 
person or witness or giving them such medication that may 
influence their consciousness and will when giving their 
statement shall be permitted. 
 
Expert Witness Audit of Business Books 
Article 155 
(1) When it is necessary to perform forensic examination on 
business books, the authority conducting the procedure shall 
indicate to the expert witnesses the direction and the scope of the 
expert audit as well as the facts and circumstances to be 
established. 
(2) If an expert audit of the business books of an enterprise, other 
legal entity or an entrepreneur requires that they first put their 
book-keeping in order, than the expenses incurred in such 
operation shall be borne by the owner of the business books. 
(3) The authority conducting the procedure shall render a ruling 
on putting the book-keeping in order on the ground of a 
substantiated written report from the expert witnesses appointed 
to give forensic examination on business books. The ruling shall 
also state the amount of money that the enterprise, other legal 
entity or the entrepreneur shall deposit to the court as an advance 
for the cost of putting its  books in order. An appeal shall not be 
allowed against this ruling. 
(4)  After the book-keeping has been put in order, the authority 
conducting the criminal procedure shall render a ruling, based on 
the report of the expert witness, determining the amount of 
expenses for putting the book-keeping in order and ordering that 
this amount be borne by the enterprise, another legal entity or the 
entrepreneur whose book-keeping was put in order. An appeal 
may be filed against that ruling regarding the grounds for the 
decision on compensation of expenses and regarding the amount 
of the expenses. The first instance court panel referred to in 
Article 24, paragraph 7 of the present Code shall decide on the 
appeal. 
(5) If the expenses and the fee were not paid in advance, they 
shall be paid to the authority that paid them in advance to the 
expert witnesses. 
(6) Before forensic examination referred to in paragraph 1 of the 
present Article has been carried out, an inventory of the business 
books and other business documentation relating to the business 
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  68books shall be made in the presence of the State Prosecutor or an 
authorized police officer. 
 
8. Inspection of Photographs, Listening to Audio 
Recordings and Inspection of Audiovisual Recordings  
Article 156 
(1) Photographs or audio, or audiovisual recordings of 
evidentiary activities conducted in accordance with the present 
Code may be used as evidence and serve as grounds for making 
a judgment.  
(3) Photographs or audio, i.e. audiovisual recordings which do 
not fall under photographs or audio, i.e. audiovisual recordings 
referred to in paragraph 1 of the present Article may be used as 
evidence in criminal proceedings if they have been authenticated 
and if possibility of photo installation or video installation and 
other forms of falsification of photographs and recordings has 
been excluded and if they have been made with an implicit or 
express consent of the suspects or accused persons when their 
image or their voice are on the photograph or the recording.  
(3) Photographs or audio, i.e. audiovisual recordings referred to 
in paragraph 2 of this Article which have been made without the 
content of the suspect or the accused persons and which bear 
their image or voice, may be used as evidence in criminal 
proceedings provided that the photograph, audio or audiovisual 
recording bears simultaneously an image or voice of another 
person who has contented, either implicitly or expressly, to 
taking of the photograph or making of the audio or audiovisual 
recording. 
(4) Photographs or audio, i.e. audiovisual recordings made 
without the tacit or express consent of the suspects or accused 
persons but which contain their image or voice may be used as 
evidence in criminal proceedings provided that photographs or 
audio, i.e. audiovisual recordings have been taken as a result of 
general security measures  
- applied in public places: streets, squares, parking places, 
school yards and yards of institutions and other similar public 
places, or in public facilities and premises, public authority 
buildings, institutions, hospitals, schools, airports, bus and train 
stations, sports stadiums and halls and other similar premises and 
open spaces connected to them, as well as in shops, 
supermarkets, banks, business buildings and other similar 
facilities with regular security surveillance or 
- undertaken by a person occupying dwellings or other 
premises or by another person acting in accordance with the 
order of the person who occupying dwellings or other premises, 
which also relates to yards and other similar open spaces.  
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  69(5) If photographs or audio, i.e. audiovisual recordings shows 
only certain objects or events or persons that are not suspects or 
accused, the photograph, or audio, i.e.  audiovisual recording 
may be used as evidence in the criminal proceedings if they were 
not created by committing a criminal offence. 
(6) When photographs or audio, i.e. audiovisual recordings have 
been taken in accordance with paragraphs 1 to 5 of the present 
Article, a part of such photograph or record extracted by special 
technical means, as well as a photograph made from a frame in a 
video recording may be used as evidence in criminal 
proceedings.  
(7) When photographs or audio, i.e. audiovisual recordings have 
been taken in accordance with paragraphs 1 to 5 of the present 
Article, a drawing or draft made on the basis of the photograph 
or video recording may be used as evidence in criminal 
proceedings provided that they were made for the purpose of 
clarifying certain details of the photograph or recording and that 
the photograph, or the recording are a part of evidence. 
(8) Audio recordings used as evidence in the criminal 
proceedings shall be transcribed and entered into the criminal 
case files. 
 
9. MEASURES OF SECRET SURVEILLANCE 
 
Types of Measures of Secret Surveillance and 
Conditions for Their Application 
Article 157 
(1) If grounds for suspicion exist that a person has individually 
or in complicity with others committed, is committing or is 
preparing to commit criminal offences referred to in Article 158 
of the present Code and evidence cannot be obtained in another 
manner or their obtaining would request a disproportional risk or 
endangering the lives of people, measures of secret surveillance 
may be ordered against those persons:  
1) secret surveillance and technical recording of telephone 
conversations i.e. other comunication carried out through devices 
for distance technical communication, as well as private 
conversations held in private or public premises or at open; 
2) secret photographing and video recording in private 
premises; 
3) secret supervision and technical recording of persons 
and objects. 
(2) If grounds for suspicion exist that a person has individually 
or in complicity with others committed, is committing or is 
preparing to commit criminal offences referred to in Article 158 
of the present Code and circumstances of the case indicate that 
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  70evidence shall be collected with a minumum violation of the 
right to privacy, measures of secret surveillance may be ordered 
against those persons:  
1) simulated purchase of objects or persons and simulated 
giving and taking of bribe; 
2) supervision over the transportation and delivery of 
objects of criminal offence; 
3) recording conversations upon previous informing and 
obtaining the consent of one of interlocutors; 
4) use of undercover investigators and collaborators.  
(3) Measures referred to in paragraph 1, item 1 of this Article 
may be also ordered against persons for whom there are grounds 
for suspicion that they have been conveying to the perpetrator or 
from the perpetrator of criminal offences referred to in Article 
158 of the present Code messages in connection to the criminal 
offence, or that the perpetrator has been using their telephone 
lines or other electronic communication devices. 
(4) Enforcement of measures referred to in paragraph 2, items 1, 
3 and 4 of this Article shall not constitute incitement to commit a 
criminal offence.  
 
Criminal Offences for Which Measures of Secret Surveillance 
May Be Ordered 
Article 158 
The measures referred to in Article 157 of the present Code may be 
ordered for the following criminal offences:  
1) for which a prison sentence of ten years or a more severe 
penalty may be imposed; 
2) having elements of organized crime; 
3) having elements of corruption, as follows: money 
laundering,  causing false bunkruptcy, abuse of assessment, passive 
bribery, active bribery, disclosure of an official secret, trading in 
influence, as well as abuse of authority in economy, abuse of an 
official position and fraud in the conduct of an official duty with 
prescribed imprisonment sentence of eight years or a more serious 
sentence. 
4) abduction, extortion, blackmail, meditation in prostitution, 
displaying pornographic material, usury, tax and contributions 
evasion, smuggling, unlawful processing, disposal and storing of 
dangerous substances, attack on a person acting in an official 
capacity during performance on an official duty, obstruction of 
evidences, criminal association, unlawful keeping of weapons and 
explosions, illegal crossing of the state border and smuggling in 
human beings. 
5) against the security of computer data. 
 
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  71Competence for Ordering Measures of Secret Surveillance and 
Their Duration 
Article 159 
(1) Measures referred to in Article 157, paragraph 1 of the present 
Code shall be ordered via a written order by the investigative 
judge at the motion of the State Prosecutor containing a statement 
of reasons. Measures referred to in Article 157, paragraph 2 of the 
present Code shall be ordered via a written order by the State 
Prosecutor at the motion of police authorities containing a 
statement of reasons. The motion containing a statement of 
reasons shall be delivered in a closed envelope bearing the 
designation MSS - Measures of Secret Surveillance. 
(2) The motion and the order referred to in paragraph 1 of this 
Article shall contain: the type of measure, data on the person 
against whom the measure is enforced, grounds for reasonable 
suspicion, the manner of measure enforcement, its goal, scope and 
duration. If it is a measure of engagement of an undercover agent 
and collaborator, the motion and the order shall also contain the 
use of false documents and technical devices for the transfer and 
recording of voice, image and video, participation in the 
conclusion of legal affairs, as well as the reasons justifying the 
engagement of a person who is not a police officer as an 
undercover agent and cooperative witness.  
(3) The motion and the order  for ordering measures shall become 
an integral part of the criminal file and should contain available 
data on the person against whom they are ordered, the criminal 
offence because of which they are ordered, facts on basis of 
which the need to undertake them originates, duration deadline 
that needs to be suitable to achiving the objective of measure, 
manner, scope and place for the measures to be implemented 
(4) By way of exception, if the written order can not be issued in 
time and risk of delay exists, application of measure referred to in 
Article 157 of the present Code may begin on basis of a verbal 
order of the investigative judge, i.e., State Prosecutor. In that case, 
a written order must be obtained within 12 hours following the 
issue of the verbal order .  
(5) Measures referred to in Article 157, paragraphs 1 and 2, items 
2, 3 and 4 of the present Code may last only as long as necessary, 
at the longest four months, although for valid reasons they may be 
prolonged for three more months. The motion for undertaking the 
measure referred to in Article 157, paragraph 2, item 1 of the 
present Code may refer only to one simulated act, and all 
subsequent motions for the application of this measure against the 
same person shall contain a statement of reasons justifying the 
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  72repeated application of this measure. The application of measure 
shall be terminated as soon as reasons for its application cease. 
(6) In addition to the order for the application of measure referred 
to in Article 157, paragraph 1, item 1 of the present Code, the 
investigative judge shall issue a separate order containing solely 
the telephone number or e-mail address and the duration of the 
measure in question, and this order shall be delivered to 
enterprises referred to in paragraph 6 of this Article during the 
course of the application of the measure by the police authorities. 
(7) Postal agencies, other enterprises and legal entities registered 
for transmission of information shall enable the police authorities 
to enforce the measure referred to in Article 157, paragraph 1 of 
the present Code. Persons acting in an official capacity and 
responsible persons involved in the process of passing the order 
and enforcement of the measures referred to in Article 157 of the 
present Code shall keep as secret all the data they have learned in 
the course of this procedure. 
(8) If, during the enforcement of measures of secret surveillance, 
data and notifications are registered referring to some other 
persons for whom grounds for suspicion exist that s/he had 
committed the criminal offence for which a measure of secret 
surveillance was ordered, or some other criminal offence, that 
part of the material shall be copied and forwarded to the State 
Prosecutor,  and it may be used as evidence only for criminal 
offences referred to in Article 158 of the present Code.    
(9) The State Prosecutor and the investigative judge shall, in an 
appropriate way (by coping records or official annotations 
without personal data, removal of an official annotation from the 
files and alike), prevent unauthorised persons, the suspects or 
their defence attorney to establish the identity of persons who 
have enforced the measures referred to in Article 157 of the 
present Code, as well as undercover agent and cooperative 
witness. If such persons are to be heard as witnesses, the court 
shall act in the manner prescribed in Articles 120-123 of the 
present Code. 
 
Enforcement of Measures of Secret Surveillance  
Article 160 
(1) The measures referred to in Article 157 of the present Code 
shall be enforced by the police authorities in such a manner that 
the privacy of persons not subject to these measures be disturbed 
to the least extent possible.  
(2) Undercover agent and collaborator may be an authorized 
police officer, employee in another public authority, authorized 
police officer of another state or, by way of exception, if the 
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  73measure can not be enforced in another manner, some other 
person. 
(3) Undercover agents and cooperative witnesses can not be  
persons for whom reasonable suspicion exists that they were or 
that they currently are members of a criminal organization or 
group or persons who have been sentenced for criminal offences 
referred to in Article 22, item 8 of the present Code.  
(4) Undercover agent and cooperative witness may participate in 
legal dealings by using false documents, and in collecting 
information they may use technical devices for the transfer and 
recording of sound, image and video. 
(5) Authorised police officer enforcing the measure shall keep 
records on each measure undertaken and report periodically to 
the State Prosecutor, that is, investigative judge on the 
enforcement of measures. If the State Prosecutor, i.e., 
investigative judge ascertains that the need for enforcement of 
the ordered measures does not exist any more, s/he shall issue 
and order on their discontinuation.  
(6) Upon the enforcement of measures referred to in Article 157 
of the present Code the police authorities shall submit to the 
State Prosecutor a final report and other material obtained by the 
enforcement of measures. 
(7) Should the State Prosecutor decide not to initiate a criminal 
procedure against a suspect, s/he shall forward to the 
investigative judge the material obtained through the application 
of Article 157 of the present Code, in a closed cover bearing the 
designation MSS, and the investigative judge shall order that the 
material be destroyed in the presence of the State Prosecutor and 
the investigative judge. The investigative judge shall compose a 
record thereon.  
(8) The investigative judge shall proceed in the manner 
described in paragraph 7 of this Article if the State Prosecutor 
orders that investigation be conducted against the suspect who 
was subjected to measures of secret surveillance, when the 
results obtained or parts of the results are not indispensable for 
the conduct of the criminal proceedings.  
(9) In cases referred to in paras. 7 and 8 of this Article, data shall 
be considered as classified within the meaning of regulation 
prescribing data secrecy.  
 
Legally Invalid Evidence 
Article 161 
(1) If the measures referred to in Article 157 of the present Code 
were undertaken in contravention to the provisions of the present 
Code or in contravention to the order of the investigative judge 
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  74or the State Prosecutor, the judgment may not be founded on the 
collected information.  
(2) Provisions of Article 211 paragraph 1, Article 293 paragraph 
5, Article 356 paragraph 4, and Article 392 paragraph 4 of the 
present Code shall be applied accordingly with regard to the 
recordings made in breach of the provisions of this Article and 
Article 157 of the present Code.  
 
Rendering Information to Persons Against Whom 
Measure of Secret Surveillance Was Enforced When a 
Criminal Procedure Is Not Initiated 
Article 162 
(1) Before the material obtained through the enforcement of 
measures of secret surveillance in cases referred to in Article 160, 
paragraphs 4 and 5 of the present Code is destroyed, the 
investigative judge shall inform the person against whom the 
measure was undertaken, and that person shall have the right to 
examine the collected material.  
(2) If there is a reasonable concern that rendering information to the 
person referred to in paragraph 1 of this Article or examination of 
the collected material by such person could constitute a serious 
threat to the lives and health of people or could engender any 
investigation underway or if there are any other justifiable reasons, 
the investigative judge may, based on an opinion of the State 
Prosecutor, decide that the person against whom the measure was 
undertaken not be informed and allowed to examine the collected 
material. 
 
Chapter VIII  
MEASURES FOR ENSURING THE PRESENCE OF 
THE ACCUSED PERSON AND FOR A PEACEFUL 
CONDUCTING OF THE CRIMINAL PROCEDURE 
 
1. COMMON PROVISIONS 
 
Types of Measures and General Rules of Their Enforcement 
Article 163 
(1) The following measures for providing the presence of an 
accused person and peaceful conducting of the criminal 
procedure may be carried out: summons, apprehension, measures 
of supervision, bail and detention. 
(2) The competent court shall observe the conditions stipulated 
for enforcement of certain measures, taking into account not to 
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  75enforce a more severe measure if the same effect may be 
achieved by a less severe measure. 
(3) The measures referred to in paragraph 1 of this Article shall 
be repealed ex officio  after the reasons for their enforcement 
cease to exist, or under an appeal, i.e. they shall be replaced with 
a less severe measure when the conditions for it are created. 
(4) Provisions of Articles 164 and 165 and Article 166, 
paragraph 2, item 6 of the present Code shall be applied to the 
suspect as well. 
 
2. SUMMONS 
 
Service, Contents and Delivery of Summons 
Article 164 
(1) The presence of the suspect in the criminal proceedings shall 
be ensured through the summons. The authority conducting the 
criminal proceedings shall have the summons served to the 
accused person. 
(2) The accused person shall be summoned by means of serving 
a sealed written summons containing: the title and address of the 
summoning authority, the first name and surname of the accused 
person, the statutory title of the criminal offence s/he is charged 
with, the place, date and hour of appearance of the accused, note 
that the addressee is being summoned in the capacity of an 
accused person and a warning that in the case of his/her failure to 
appear s/he shall be brought in by force, the official seal and the 
first name and surname of the State Prosecutor or judge who is 
serving the summons. 
(3) The summoning of accused persons may be done over the 
phone and other electronic communication devices, if they agree 
to obey such a summon. 
(4) When summoned for the first time, accused persons shall be 
instructed in the summons of their right to retain a defense 
attorney and of the right to have the defense attorney present at 
their hearing. 
(5) Witnesses shall notify the court immediately of changes of 
their address and on the intention to change residence. Accused 
person shall be instructed thereon at their first hearing or when 
the bill of indictment or a private action is served, and shall be 
warned of the consequences prescribed by this Code. 
(6) If accused persons are unable to appear due to illness or other 
impediment that can not be removed, they shall be heard at the 
place they are or transportation shall be provided to the 
courthouse or any other place where the procedure is to be 
conducted. 
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  76 
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. 
 
4. SURVEILLANCE MEASURES 
 
Types of Measures 
Article 166 
(1) If circumstances exist that indicate that the accused person 
might flee, hide, go to an unknown place or abroad, or disrupt 
conducting of the criminal procedure, the court may, by virtue of 
an office or upon motion of prosecutor or injured party, impose 
one or more measures of supervision by a ruling containing a 
statement of reasons. 
(2) Measures of supervision are: 
1) prohibition to leave one’s dwelling; 
2) prohibition to leave place of residence; 
3) prohibition to visit particular places or areas; 
4) duty to occasionally report to a certain public authority;  
5) prohibition of access to or meeting with certain persons; 
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  776) provisional seizure of a travel document; 
7) provisional seizure of a driving licence. 
(3) Implementation of supervision measures referred to in 
paragraph 2, items 1 to 5 of the present Article may be controlled 
by electronic surveillance. Electronic surveillance control shall 
be prescribed by a special regulation of the Government of 
Montenegro (hereinafter: the Government).  
(4) Measures of supervision may not entail the restriction of the 
accused persons' right to live in their dwelling, to meet freely 
with members of their family and close relatives, except when 
the procedure is conducted for a criminal offence committed to 
the detriment of a family member or close relatives, as well as to 
perform their professional activity, except when the procedure is 
conducted for a criminal offence committed with relation to the 
performance of that activity. 
(5) Measures of supervision may not restrict the right of the 
accused persons to contact their defense attorney freely. 
(6)  In the ruling ordering the measures referred to in paragraph 2 
of this Article, the accused persons shall be cautioned that 
detention may be ordered against them in case of failure to 
comply with the measure ordered. 
(7)  In the course of the investigation the measures referred to in 
paragraph 2 of this Article shall be ordered and abolished by the 
investigative judge, and after the indictment has been brought by 
the Chair of the Panel within 24 hours following the submission 
of the motion referred to in paragraph 1 of this Article. If the 
measure was not proposed by the State Prosecutor, and the 
procedure is conducted for the criminal offence prosecuted by 
virtue of office, the court shall, before rendering the ruling by 
which a measure is ordered or abolished,  seek out for the 
opinion of the State Prosecutor. The court shall proceed in the 
same manner when it establishes that a measure proposed by the 
State Prosecutor should be abolished. 
(8) The measures referred to in paragraph 2 of this Article may 
last as long as they are necessary, and at the longest until the 
judgment becomes final. The investigative judge or the Chair of 
the Panel shall examine every two months whether the applied 
measure is necessary. 
(9) Parties may file an appeal against a ruling ordering, 
prolonging or abolishing measures referred to in paragraph 2 of 
this Article and the State Prosecutor may file an appeal against 
the ruling rejecting his/her motion for enforcement of the 
measure, as well. The panel referred to in Article 24, paragraph 7 
of the present Code shall decide on the appeal within a term of 
three days from the day the appeal has been filed. An appeal 
shall not stay the enforcement of the the ruling. 
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  78Ruling Ordering a Measure of Supervision 
Article 167 
(1) In the ruling on prohibition to leave one’s dwelling, the court 
shall order that the accused persons may not leave their dwelling 
and the premises having a functional link with the dwelling in 
question , i.e. that they may leave their dwelling only under the 
supervision of a certain person. By way of exception, the ruling 
may order that the accused person may leave the apartment for a 
certain period if it is necessary for the purpose of his/her 
treatment or if imposed so by special circumstances due to which 
grave consequences for the life, health or property could occur. 
(2)  In the ruling on prohibition to leave a place of residence, the 
court shall designate the place at which accused persons have to 
reside while the measure is in force, as well as the boundaries 
they may not leave. 
(3)  In the ruling imposing the measure of prohibition to visit 
particular places or areas, the court shall designate the places or  
areas, as well as the distance from them that the accused person 
has to stay away from. 
(4) In the ruling imposing a measure of obligation to 
occasionally report to a certain public authority, the court shall 
designate a person in an official capacity to whom the accused 
person has to report, a term within which they have to report and 
the way records of the accused persons’ reporting shall be kept. 
(5) In the ruling imposing a measure of prohibition of access to 
and meeting with certain people, the court shall designate a 
minimum distance at which the accused person has to stay from 
a certain person. 
(6) The ruling imposing a measure of provisional seizure of a 
travel document shall contain personal details, authority that 
issued the document as well as the date and number of the 
document. 
(7) In the ruling imposing a measure of provisional seizure of a 
driving licence personal details, authority that issued the licence, 
the number and the date of issuing and the category shall be 
indicated. 
 
Enforcement of Measures of Supervision 
Article 168 
(1) A ruling imposing a measure of supervision shall be 
delivered to the authority which is enforcing the measure. 
(2) Measure of prohibition to leave one’s dwelling, prohibition to 
leave the place of residence, prohibition of visiting a certain 
place or area, prohibition of access to or meeting a certain 
person, provisional seizure of a travel document, and provisional 
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  79seizure of a driving licence shall be enforced by the police 
authorities. 
(3) The police authority or another public authority to which the 
accused person has to report shall attend to the enforcement of 
the measure of obligation to report periodically to a certain 
public authority. 
 
Inspection of Measures of Supervision and Obligation to Report 
Article 169 
(1) The court may order the inspection to be carried out over 
measures of supervision at any time and request a report from the 
authority in charge of its enforcement, which is obliged to submit 
the report to the court without delay. 
(2) If accused persons fail to fulfill the obligations ordered by the 
imposed measure, the authority enforcing the measure shall 
inform the court thereon, and the court may impose additional 
measure of supervision or order detention on that basis. 
 
5. BAIL 
 
Reasons for Ordering Bail 
Article 170 
(1) Accused persons who shall be detained or have already been 
detained only for a flight risk or on the grounds referred to in 
Article 175, paragraph 1, item 5 of the present Code, may be 
allowed to remain at liberty or may be released if they personally 
or someone else on their behalf furnish a surety that they would 
not flee before the conclusion of the criminal procedure and the 
accused persons themselves pledge that they would not conceal 
themselves and they would not leave their residence without 
permission. 
(2) Bail may be ordered with a measure of supervision  referred 
to in Article 166 paragraph 2 of the present Code, in order to 
ensure compliance with that measure.   
 
Ordering Bail and Its Contents 
Article 171 
(1)  Bail shall always be expressed as an amount of money that is 
set on the basis of the seriousness of the criminal offence, 
personal and family circumstances of the accused person, and the 
financial situation of the person posting bail. 
(2) Bail shall consist of depositions of cash, securities, valuables 
or other movables of more considerable value that can be easily 
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  80cashed and kept, or of placing a mortgage for the amount of bail 
on real estate of the person posting bail. 
(3) A person posting bail shall submit evidence on their financial 
position and ownership of the property posted as bail.  
(4) If the accused flees, a ruling shall be issued ordering that the 
amount posted as bail be credited to a special budget allotment 
for the work of courts. 
 
Vacating the Bail and Ordering Detention Instead 
Article 172 
(1) Notwithstanding the bail posted, detention shall be ordered if 
duly summoned accused persons fail to appear and fail to justify 
their absence, or if following a decision that they remain at 
liberty, some other legal ground for detention occurs against 
them. 
(2) Accused persons for whom bail was posted on the grounds 
for detention referred to in Article 175, paragraph 1, item  5 of 
the present Code shall be detained if they fail to appear at the 
main hearing being duly summoned for the first time and do not 
justify their absence. 
(3) In cases referred to in paras. 1 and 2 of this Article, bail shall 
be vacated. Deposited cash, valuables, securities or other 
movables shall be returned and the mortgage shall be removed. 
The same procedure shall be followed after the criminal 
procedure has been terminated by a final ruling discontinuing the 
procedure or by a final judgment. 
(4)  If judgment imposed a sentence of imprisonment, bail shall 
be vacated when the convicted persons begin to serve their 
sentence. 
 
Competence for Ordering Bail 
Article 173 
(1) The investigative judge shall render the ruling establishing 
bail before and in the course of investigation. After the 
indictment has been brought the ruling establishing bail shall be 
rendered by the Chair of the Panel, and during the main hearing 
by the panel. 
(2) If the procedure is conducted upon the indictment of the State 
Prosecutor, the ruling establishing bail and the ruling vacating 
bail shall be rendered after the opinion of the State Prosecutor 
has been obtained. 
 
 
 
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  816. DETENTION 
 
Exceptional Reasons for Ordering Detention and Urgency of 
Proceedings in Cases of Detention   
Article 174 
(1) Detention may be ordered only under the conditions set forth 
in this Code and only if the same purpose cannot be achieved by 
another measure and it is necessary for a peaceful conduct of 
procedure. 
(2) All authorities taking part in the criminal procedure and 
authorities providing them with legal assistance shall proceed 
with exceptional urgency if the accused person is in detention. 
(3) Throughout the proceedings, detention shall be terminated as 
soon as the grounds for which it was ordered cease to exist. 
 
Reasons for Ordering Detention 
Article 175 
(1) When reasonable suspicion exists that a certain person had 
committed a criminal offence, detention may be ordered against 
that person, if: 
1) the persons hide or their identity cannot be established, 
or if other circumstances exist indicating a risk of flight; 
2) circumstances exist that indicate that they would destroy, 
hide, modify or fabricate evidence or traces of a criminal offence 
or indicate that they would hinder the procedure by influencing 
witnesses, accomplices or accessories by virtue of concealment; 
3) circumstances exist that indicate that the criminal 
offense would be repeated or attempted criminal offence 
completed or that they would commit the criminal offence they 
threaten to commit; 
4) in the case of the criminal offence punishable by 
imprisonment of ten years or a more severe punishment and 
especially grave due to the manner of commission and 
consequences and exceptional circumstances exist indicating that 
liberation would lead to a serious threat to the preservation of 
public order and peace; 
5) duly summoned defendants obviously evade appearing 
at the main hearing. 
(2) In the case referred to in paragraph 1, item 1 of this Article, 
detention ordered only because it was not possible to establish 
the identity of the person shall last until this identity is 
established. In the case referred to in paragraph 1, item 2 of this 
Article, detention shall be terminated as soon as evidence 
because of which detention was ordered are secured. Detention 
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  82ordered pursuant to paragraph 1, item 5 of this Article may last 
until the publication of the judgment. 
 
Ordering Detention, Contents of the Ruling on Detention 
and Right of Appeal against the Ruling  
Article 176 
(1) Detention shall be ordered upon the motion of the authorized 
prosecutor by a ruling issued by the competent court, after a 
previous hearing of the accused person. 
(2)  The ruling ordering detention shall contain: first name and 
the surname, year and place of birth of the persons against whom 
detention is ordered, criminal offence they are charged with, the 
legal grounds for detention, the duration of detention, the time 
the person was deprived of liberty, instructions on the right to 
appeal, the statement of reasons as well as a statement of the 
grounds for ordering detention, the official seal and the signature 
of the judge ordering detention.  
(3) The ruling ordering detention shall be served on persons to 
whom it relates immediately after it is rendered.  The day and the 
time the ruling was received shall be indicated in the files. 
Detained persons shall acknowledge the receipt of the ruling with 
their signature. 
(4) Detainees and their defense attorneys may file an appeal 
against the ruling ordering detention to the panel referred to in 
Article 24, paragraph 7 of the present Code within a term of 24 
hours from the moment of the delivery of the ruling. The appeal, 
the ruling on detention and other files shall be submitted to the 
panel immediately. An appeal shall not stay the enforcement of 
the the ruling. 
(5) The State Prosecutor may lodge an appeal to the Panel 
referred to in Article 24, paragraph 7 of the present Code against 
the ruling rejecting the motion of the State Prosecutor to order 
detention to the accused person, within 24 hours as of the 
moment of serving the ruling. An appeal shall not stay the 
enforcement of the ruling. 
(6) In cases referred to in paras. 4 and 5 of this Article, the Panel 
deciding on the appeal shall render a decision within 48 hours. 
 
Ordering Detention and Duration of Detention During 
Investigation 
Article 177 
(1) On basis of the ruling of the investigating judge, the accused 
person may be kept in detention at the longest one month from 
the day of deprivation of liberty. After this term has expired, the 
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  83accused person may be detained only on the basis of a ruling 
extending detention. 
(2) Detention may be extended on basis of the ruling of the panel 
referred to in Article 24, paragraph 7 of the present Code for no 
longer than two months and at the motion of the State Prosecutor 
containing a statement of reasons. An appeal against the ruling of 
the Panel shall be allowed but it shall not stay the enforcement of 
the ruling. 
(3) If the procedure is conducted for a criminal offence 
punishable by imprisonment for a term of more than five years, 
the panel of the Supreme Court may, upon a substantiated 
motion of the State Prosecutor, if important reasons exist, extend 
the detention for no longer than another three months. 
(4)  The accused person shall be released if the indictment has 
not been brought until the expiry of the terms referred to in 
paragraphs 2 and 3 of the present Code. 
 
Termination of Detention 
Article 178 
(1) In the course of investigation, the investigating judge may 
terminate the detention at the motion of the State Prosecutor or 
of the accused persons, i.e. their defense attorney. An appeal to 
the ruling on the release from detention shall not stay the 
enforcement of the ruling. 
(2) Before the adoption of the decision on the proposal of the 
accused person or defense attorney for the termination of 
detention, the investigative judge shall ask the opinion of the 
State Prosecutor. 
 
Ordering and Supervising Detention after the Indictment Was 
Brought 
Article 179 
(1) After the indictment has been submitted to the court and up 
until the completion of the main hearing, detention may be 
ordered or terminated only by the ruling rendered by the panel, 
provided that the opinion of the State Prosecutor is obtained if 
the proceedings are conducted upon his/her charges. Detention 
may last at the longest for three years from the issuing of 
indictment until the rendering of a first instance decision. 
(2) Upon a motion of the parties or by virtue of office, the panel 
shall review whether the grounds for detention still exist and it 
shall issue a ruling extending or terminating detention, upon 
expiration every 30 days before the indictment has become final, 
and every two months from the moment the indictment becomes 
final. 
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  84(3) An appeal on the ruling referred to in paragraphs 1 and 2 of 
this Article shall not stay the execution of the ruling and the 
court shall render a decision thereon within three days. 
(4) An appeal shall not be allowed against the ruling of the panel 
referred to in paragraph 1 of this Article by which the motion to 
order or terminate detention is rejected. 
 
Obligation to Inform on Deprivation of Liberty 
Article 180 
(1) Immediately after a person has been deprived of liberty and 
within a term of 24 hours at the latest, police authority, the State 
Prosecutor or the court shall inform the family of the detained 
persons or their extra-marital partner thereon, unless the detained 
persons expressly object thereto. 
(2) A competent authority for social care shall be informed about 
the deprivation of liberty if necessary to take measures for the 
care of children and other family members to whom the person 
deprived of liberty is a guardian. 
 
7. TREATMENT OF DETAINEES 
 
Respect of Personality and Dignity of Detainees and Their 
Accommodation  
Article 181 
(1) Personality and dignity of the detainee shall not be offended 
in the course of detention. 
(2) The only restrictions that may be imposed against detainees 
shall be only the ones needed to prevent their flight, instigation 
of third persons to destroy, conceal, alter and fabricate evidence 
or traces of a criminal offence or to prevent direct or indirect 
contacts of detainees for the purpose of influencing witnesses, 
accomplices and accessories by virtue of concealment. 
(3)  Persons of different sexes shall not be detained in the same 
room. As a rule, detainees against whom reasonable suspicion 
exists that they have participated in the same criminal offence 
shall not be accommodated in the same room, neither shall 
detainees be accommodated in the same room as persons who 
are serving a prison sentence. If possible, detainees against 
whom a reasonable suspicion exists that they are recidivist shall 
not be accommodated in the same room with other detainees on 
whom they might have an adverse influence. 
 
 
 
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  85Rights of Detainees 
Article 182 
(1) Detainees shall be entitled to at least eight hours of an 
uninterrupted night rest for every 24-hour period. 
(2) At least two hours of movement in the open air within prison 
grounds daily shall be provided to detainees. 
(3) Detainees shall be entitled to wear their own clothes, to use 
their own bedding or to obtain and use at their own expense 
food, books, professional periodicals, newspapers, stationary and 
drawing supplies and other things related to their daily needs, 
except those suitable for infliction of injures, impairment of 
health or preparation of flight. 
(4) During the investigation, the investigating judge may, by 
virtue of office or upon the motion of the State Prosecutor issue a 
ruling temporarily suspending or limiting the detainee's right to 
procure and use newspapers if this could be detrimental to the 
conduct of proceedings. An appeal against the ruling of the 
investigative judge shall be allowed to the Panel referred to in 
Article 24, paragraph 7 of the present Code. 
(5) Detainees may be obliged to maintain in clean condition the 
premises they are  detained in. If required so by the detainees, 
the investigating judge or the Chair of the Panel with the consent 
of prison administration may allow the detainees to work within 
prison grounds in accordance with their mental and physical 
capacity, providing that this is not detrimental for the course of 
the procedure. For such a work the detainee is entitled to a fee 
ordered by the administrator of the prison. 
 
Receiving Visits and Correspondence of Detainees 
Article 183 
(1) Upon the approval of the investigative judge and when 
necessary and under the judge's supervision or the supervision of 
a person designated by the judge, the detainees may, in 
accordance with the rules of conduct, be visited by their spouse 
or extramarital partner and their close relatives and upon their 
requests – by a  physician and other persons.  Some visits may be 
prohibited if they could detrimentally affect the conduct of the 
proceedings. 
(2) If required so by the detainees and subject to the knowledge 
of the investigating judge, diplomatic and consular 
representatives of foreign states shall be entitled to visit and 
communicate unsupervised with detainees who are nationals of 
their state. The investigative judge shall inform the administrator 
of the detention facility in which the detainee in question is kept 
about the visit of the diplomatic or consular representative. 
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  86(3) Detainees may be visited by representatives of international 
anti-torture committees, International Committee of the Red 
Cross, as well as representatives of international organizations 
engaged in the protection of human rights when envisaged so by 
a ratified international agreement. Based on the approval of the 
Court President, a detainee may be visited by the representatives 
of domestic organizations engaged in the protection of human 
rights.  
(4) Detainees may exchange letters with persons outside of 
prison, pursuant to knowledge and under supervision of the 
investigative judge. Investigative judges may prohibit sending 
and receiving of letters and other parcels that are detrimental to 
the conduct of proceedings. The prohibition shall not relate to the 
letters sent by the detainee to international courts and domestic 
legislative, judicial and executive authorities or received from 
them. The sending of a petition, complaint or appeal shall never 
be forbidden. 
(5) After the indictment is brought and until the judgment 
becomes final, authorizations referred to in paragraphs 1, 2 and 4 
of this Article shall be performed by the Chair of the Panel. 
 
Disciplinary Offences and Disciplinary Sentences 
Article 184 
(1) In cases of disciplinary offences committed by the detainee, 
the prison administrator or the person authorized by him/her may 
impose against the detainee a disciplinary penalty consisting of 
restrictions of visits or solitary confinement of up to 15 days. 
Such restriction shall not refer to the communications between 
the detainees and their defense attorney. 
(2) An appeal may be filed to the investigative judge against the 
ruling on the penalty referred to in paragraph 1 of this Article 
within 24 hours from the moment the ruling was received. The 
appeal shall not stay the enforcement of the the ruling. The 
investigative judge shall decide on the appeal within a term of 
three days from the day the appeal was received. 
 
Supervision Over the Execution of Detention 
Article 185 
(1) The President of the Court authorized therefor shall carry out 
supervision over detainees. 
(2) Court Presidents or judges designated by them shall visit the 
detainees at least twice a year, and if they find it necessary, even 
without the presence of keepers and guards, they will be 
informed about the manner in which the detainees are fed, about 
their fulfillment of other needs and the manner in which they are 
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  87treated. The President or the judge designated by the President 
shall undertake measures necessary for the removal of flaws 
noticed during the prison visit and draw up a report on his/her 
visit to be submitted to the President of the Supreme Court and 
delivered to the ministry competent for the affairs of the 
judiciary. 
(3) The President of the Court and the investigative judge may 
visit detainees at any time, talk to them and hear their 
complaints. 
 
Regulations on Rules of Conduct During the Execution of 
Detention 
Article 186 
A more detailed manner of executing detention shall be 
prescribed by the ministry competent for judicial affairs. 
 
Chapter IX 
RENDERING AND PRONOUNCING DECISIONS 
 
Types of Decisions and Decision-making Authorities 
Article 187 
(1)  Decisions in the criminal proceedings shall be rendered in the 
form of a judgment, ruling and order. 
(2) Only the court shall render a judgment, while rulings and orders 
may be rendered also by other authorities taking part in the criminal 
proceedings.  
 
Rendering Decisions in Session on Deliberations and Voting 
Article 188 
(1)  The panel shall render a decision after oral deliberations and 
voting. A decision shall be deemed rendered when made by the 
majority vote.  
(2)  The Chair of the Panel shall chair the deliberations and voting, 
and shall make sure that all the issues are thoroughly and fully 
considered, and shall cast his vote last.  
(3)  If the votes on specific issues are divided into more different 
opinions so that none of them reaches the necessary majority, the 
issues shall be separated and the voting repeated until a majority is 
reached. If in such a manner a majority is not reached, the decision 
shall be rendered by adding the votes most unfavorable to the 
defendant to the votes less unfavorable to him/her, until a required 
majority is reached. 
(4)  The members of the panel may not abstain from voting on 
issues presented by the Chair of the Panel but the member of the 
Panel who voted for the acquittal of the defendant or for the 
annulment of the judgment and was outvoted shall not be obliged to 
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  88vote on the sanction. If s/he fails to vote, s/he shall be deemed as 
having assented to the vote most favorable to the defendant.  
 
Sequence of Matters Subject to Vote 
Article 189 
(1)  When debating, the court shall first vote on whether the court 
has jurisdiction over the matter, on whether the procedure should be 
supplemented, and on other preliminary issues. Having decided on 
the preliminary issues, the court shall proceed with deciding on the 
merits of the case.  
(2)  When deciding on the merits of the case, the court shall first 
vote to determine whether the defendant committed the criminal 
offence and whether s/he is guilty as charged, and subsequently it 
shall vote on the punishment, other criminal sanctions, the costs of 
the criminal proceedings, claims under the property law, and other 
matters subject to rendering a decision.  
(3)  Where the same person has been charged with committing more 
than one criminal offence, the court shall vote on the guilt and 
punishment for each offence and thereafter on a cumulative 
punishment for all the offences.  
 
Closed Session 
Article 190 
(1)  Deliberations and voting shall take place in camera. 
(2) Only the members of the panel and the court  reporter may be 
present in the ro o
m where the deliberations and voting take place.  
 
Pronouncement of Decisions 
Article 191 
(1) Unless otherwise provided by this Code, decisions shall be 
conveyed to persons having a legal interest by oral pronouncement 
where they are present, and by the service of a certified copy where 
they are absent.  
(2)  Where a decision is pronounced orally, this shall be entered into 
the records or the file, and shall be certified by the signature of a 
person entitled to filing an appeal. If the person makes a statement 
of waiving the appeal, a certified copy of the orally pronounced 
decision shall not be served on him, unless otherwise provided by 
this Code.  
(3) Copies of decisions subject to an appellate review shall be 
served along with an instruction on the right to appeal. The appeal 
filed to the benefit of the accused person shall be deemed timely if it 
is filed within the time limit specified in the instruction on the right 
to appeal, provided that the deadline specified in the instruction 
exceeds the statutory deadline.   
 
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  89Chapter X 
SERVICE OF DOCUMENTS AND EXAMINATION OF 
FILES 
 
Manner of Service 
Article 192 
(1) Serving of documents shall, as a rule, be effected by a person 
acting in an official capacity on behalf of the authority which has 
rendered the decision, or directly with such authority, and may be 
served by mail or an authorized legal person registered for the 
performance of delivery affairs, by local governance authority, or 
through other authorities by means of letter rogatory. 
(2) The court may also orally serve a summons for main hearing or 
other summonses to the person present before the court, along with 
the instructions on the consequences of any failure to appear. The 
summons served in such a manner shall be entered into the records 
and signed by the summoned person, unless the summons is entered 
into the records of the main hearing. The service shall thereby be 
considered valid.  
 
Service in Person 
Article 193 
Where this Code envisages that a document be served in person, it 
shall be served directly to the addressee. If the addressee to be 
served in person is absent from the due place of delivery, the server 
shall make an inquiry as to when and where the person can be 
reached, and shall leave with one of the persons from Article 194 
paragraph 1 of the present Code a written notice directing the 
addressee to be accessible in his/her dwelling or work place on a 
specified date and hour in order to receive the document. If the 
server cannot reach the addressee thereafter, s/he shall act compliant 
to Article 194 paragraph 1 of the present Code, and the service shall 
thereby be deemed provided.  
 
Indirect Service 
Article 194 
(1) Documents that under this Code do not have to be served in 
person may be handed to any of the adult members of the recipient’s 
household who shall receive the document, if they can not be 
delivered directly to the person they were sent to or if the recipient 
is not found in the dwelling. If neither the household members are 
found in the dwelling, the document shall be left with the building 
superintendent or a neighbor if they consent to accept it. If the 
document is served at the recipient’s  work place and s/he cannot be 
reached therein, the documents may be handed to the person in 
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  90charge of mail receipt who shall receive the document, or to another 
employee thereof, if s/he consents to accept it.  
(2) Should it be established that the addressee to the document is 
absent and the persons from paragraph 1 of this Article unable to 
hand over the document in due time, the document shall be returned 
with an indication as to the whereabouts of the absent addressee.   
 
Summoning and Summons Service on the Accused Person 
Article 195 
(1)  The summons for the first hearing in a pre-main hearing  
proceedings and the summons for the main hearing  shall be served 
on the accused person personally.  
(2)  An indictment, bill of indictment or private charge, a judgment 
and other decisions for which the time limit for an appeal starts 
running on the date of service, as well as an appeal by the adverse 
party that is served for reply, shall be served in person to the 
accused person who does not have a defense attorney. Should the 
accused person request that the summons from paragraph 1 and the 
documents from the same paragraph be served on a person s/he 
designates, they shall be served on the person designated, and 
thereby deemed served on the accused person .   
(3)  Should the accused person who does not have a defense 
attorney be served a judgment imposing a sentence of non-
suspended imprisonment and the service is impossible at his/her 
known address, the court shall by virtue of office assign a defense 
attorney to the accused person who shall perform this duty until the 
new address of the accused person is learnt. The appointed defense 
attorney shall be given the necessary time limit to acquaint himself 
with the case file, whereupon the judgment shall be served on the 
appointed defense attorney, and procedure shall resume. Where 
there is another decision with a time limit for filing an appeal 
starting running from the moment of the service, or an appeal of the 
adverse party that is being submitted for reply, the decision or 
appeal shall be posted on the bulletin board of the court, and it shall 
be deemed validly served upon the expiry of eight days from the 
date of its posting.   
(4)  If the accused person has a defense attorney, the indictment, bill 
of indictment, private charge, judgement and all decisions the 
service of which launches the time limit for filing an appeal or 
objection, and also the appeal of the adverse party submitted for 
response, shall be delivered to the defense attorney and the accused 
person in accordance with Article 194 of the present Code. In such a 
case, the time limit period shall commence on the date when the 
document is served to the accused person or defense attorney. If the 
decision or a notice of appeal cannot be served on the accused 
person due to his/her failure to report a change of address, the 
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  91document thereabove shall be posted on the bulletin board of the 
court, and may be published on the web site of the court, and upon 
the expiry of eight days from the date of its posting the document 
shall be deemed validly served.   
(5)  If a document has is to be served to the defense attorney of the 
accused person, and he has more than one defense attorney, it shall 
be sufficient to serve the document to one of them.  
 
Service of Documents on Private Prosecutor and Subsidiary 
Prosecutor 
Article 196 
(1)  The notice to file private charge or indictment as well as a 
summons for main hearing shall be served personally on a private 
prosecutor and subsidiary prosecutor, or their legal representative as 
compliant to Article 193 of the present Code, and to their proxies as 
compliant to Article 194 of the present Code. The same service 
procedure shall be followed for the decisions where the time limit 
for appeal runs from the date of their service, and for an appeal by 
the adverse party which is served for response. 
(2)  If the service cannot be carried out on the persons from 
paragraph 1 of this Article or on the injured party at their last known 
address, the court shall post a notice, decision or appeal on the 
bulletin board and after the expiry of eight days from the date of its 
posting it shall be deemed validly served.  
(3)  If the injured party, subsidiary prosecutor or private prosecutor 
is represented by a legal representative or proxy, the service shall be 
made on them, and where there are several, only one of them shall 
be served on.  
 
Certificate of Service 
Article 197 
(1)  Documents shall be served in sealed covers.  
(2)  Proof of service (a certificate of service or return receipt) shall 
be signed by both the recipient and server. The recipient shall 
himself make a certificate of service note of the date and hour of the 
service. 
(3) Should a recipient be illiterate or otherwise unable to sign the 
certificate of service, a server shall sign the recipient’s name, note 
the date and hour of the receipt, and make a note specifying the 
reasons why the signature was put by the server instead of the 
recipient. 
(4)  Should a recipient refuse to sign a certificate of service or return 
receipt, the server shall make a note thereof on the certificate of 
service specifying the date and hour of the service, thus making the 
service deemed provided.   
 
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  92Refusal of Documents 
Article 198 
When the addressee or an adult household member refuses to accept 
a document, the server shall note on the certificate of service of the 
day, hour and reason for such refusal and shall leave the document 
in the dwelling of the addressee or at his/her workplace, and thereby 
the document shall be deemed duly served.  
 
Special Cases of Service 
Article 199 
(1) Services of summons on military personnel, guards in the 
administrative authority competent for the enforcement of criminal 
sanctions and institutions accommodating persons deprived of 
liberty, and on employees of road, river, overseas, and air 
transportation shall be effected through their command or the 
immediate superior officer, the same procedure being applicable 
thereto in the service of other official documents as needed.  
(2) Writs shall be served on persons deprived of liberty in the court 
or through the administrative authority competent for the 
enforcement of criminal sanctions or institution they were 
accommodated in. 
(3)  Service on persons enjoying immunity in Montenegro shall be 
made through the Ministry of Foreign Affairs of Montenegro, unless 
otherwise provided for by international treaties.  
(4) Save letters rogatory of domestic courts for international legal 
assistance in criminal matters, documents shall be served on the 
nationals of Montenegro abroad through a diplomatic or consular 
mission of Montenegro, provided that the foreign state in question 
does not object to such a manner of service and that the addressee 
voluntarily consents to be served the document. Where the 
document is served in a diplomatic or consular mission, the 
authorized person thereof shall sign the certificate of service in the 
capacity of the server, and where the service is made by mail s/he 
shall confirm this on the certificate of service.  
 
Service on the State Prosecutor 
Article 200 
(1)  Service of decisions and other documents on the State 
Prosecutor is effected by their submission to the Registry of the 
State Prosecutor’s Office.   
(2)  Should the time limit of a decision run from the date of its 
service, the date of service shall be the date of the document’s 
submission to the Registry of the State Prosecutor’s Office.   
(3)  The court shall provide a criminal file to the State Prosecutor for 
examination upon the State Prosecutor’s request. Where the time 
limit for filing a petition of appeal is running or where thus 
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  93conditioned by other interests of the proceedings, the court may 
order a time limit for the return of the file by the State Prosecutor.   
 
Application of Other Laws’ Provisions 
Article 201 
Where not set forth by this Code, service shall be made in 
compliance with the provisions of the Civil Procedure Code.   
 
Notification by Telephone and Telegram 
Article 202 
(1)  Sum
monses and decisions issued up to the completion of the 
main hearing for persons involved in the proceedings, save the 
defendant, may be handed over to a participant to the proceedings 
who accepts to service them on the addressees, if the authority 
conducting the proceedings holds that their service is therewith 
secured.  
(2) The persons referred to in paragraph 1 of this Article may be 
informed about the summons for main hearing or another summons 
as well as on the decision on the postponement of main hearing or 
other scheduled actions by telegram or telephone or other means of 
electronic communication if under the circumstances it can be 
assumed that the person to whom the information is sent will thus 
receive it.  
(3) An official annotation shall be made in the file about the 
summons and service of a decision effected in the manner 
prescribed in paragraphs 1 and 2 of this Article.  
(4) Detrimental consequences provided for by this Code may not 
take effect against a person who was notified pursuant to paragraphs 
1 or 2 of this Article, or to whom a decision was sent.   
 
Examining, Transcribing/Copying or Recording of Individual 
files 
Article 203 
(1)  Unless otherwise provided for by this Code, after the indictment 
has been confirmed, anyone having a justified interest may be 
allowed to examine, transcribe, copy or record particular criminal 
files. 
(2) Actions referred to in paragraph 1 of this Article shall be 
authorized by the authority before which the proceedings have been 
conducted where the proceedings are underway, and by the 
President of the court or thereby designated person acting in an 
official capacity upon the completion of the proceedings. 
(3)  Where the public is excluded from a main hearing or the right to 
privacy would be severely violated by the actions from paragraph 1 
of this Article, the actions therein may be denied or conditioned by a 
prohibition of making public the names of parties to the case. Such 
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  94ruling on denial of the actions shall be subject to appeal, which shall 
not withhold the execution of the ruling.  
(4)  The actions from paragraph 1 of this Article taken by a private 
prosecutor, subsidiary prosecutor, the defendant, and defense 
attorney shall be subject to the provisions of Article 58 paragraph 3 
or Article 72 of the present Code. 
(5) An accused person or suspect, where examined according to the 
provisions on interrogation of an accused person, or after a direct 
indictment  from Article 288 of the present Code has been brought, 
shall be entit l
ed to examine the files and observe the objects that 
will serve as evidence. 
 
Chapter XI 
SUBMISSIONS AND RECORDS 
 
Submission of and Correction to Applications 
Article 204 
(1) Private charges, indictments, and bills of indictment  of the 
subsidiary  prosecuto
r, motions, legal remedies and other 
declarations and r
eleases shall be submitted in writing, or given 
orally and entered into records.   
(2)  The application referred to in paragraph 1 of this Article shall be 
comprehensible and contain all that is necessary to act upon them.  
(3)  If the application is not comprehensible or does not contain all 
that is necessary to act upon it, the court shall, unless otherwise 
provided for by this Code, invite the person who submitted the 
application to correct or amend it; should s/he fail in doing so within 
an anticipated time limit, the court shall dismiss the application.  
(4)  In the summons to correct or amend an application, the person 
filing the application shall be cautioned about the consequences of 
an omission to comply thereto.  
 
Serving Charges on the Adverse Party 
Article 205 
Applications that pursuant to this Code are to be served on the 
adverse party shall be filed to the court in a number of copies 
sufficient for both the court and the adverse party. Where such 
applications are not submitted to the court in sufficient number of 
copies, the court shall make the necessary copies at the expense of 
the person who submitted the application. 
 
 
 
 
 
 
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  95Protection of Reputation of Court, Parties and Other 
Participants in Proceedings 
Article 206 
(1) A court shall protect its reputation, the reputation of the parties 
to a case, and other participants in proceedings from any assault, 
threat, or attack. 
(2) The duty from paragraph 1 of this Article shall be vested in the 
State Prosecutor in a preliminary investigation and investigation.  
(3) The courts shall punish by a fine not exceeding € 1,000 any 
defense attorney, proxy, legal representative, injured party, private 
prosecutor or subsidiary prosecutor who offends the court or a 
participant in the proceedings, be it in an application or verbally. An 
investigative judge or panel before which a deposition  has been 
given shall rende r
 a ruling on the punishment and, if the offence has 
been given within an application, the ruling shall be rendered by the 
court competent in deciding on the application. Should the State 
Prosecutor or the State Prosecutor’s representative offend another 
person, this shall be subject to notification to a competent State 
Prosecutor. The Bar Chamber shall be notified on any punishment 
against an attorney.   
(4) Should a State Prosecutor assess during an preliminary 
investigation or investigation that the defense attorney, proxy, or 
legal representative of an injured party has offended the court, the 
State Prosecutor, or another participant in criminal proceedings, be 
it within an application or verbally, the State Prosecutor shall 
provide a copy of the application or a written record of the verbal 
remarks to an investigative judge, who may render the ruling on 
punishment from paragraph 3 of this Article.  
(5)  The ruling from paragraphs 3 and 4 of this Article may be 
subject to appeal.  
(6)  The act of punishment from paragraphs 3 and 4 of this Article 
shall not affect the prosecution and sentencing for a criminal offence 
committed by giving an offence.  
 
Obligation of Keeping Records 
Article 207 
(1)  Any action taken in the course of a criminal proceedings shall 
be entered into a record at the very time of the action or, where 
impossible, immediately afterwards. 
(2)  A records shall be made by a court reporter.  
(3) Should a search of a home or person be carried out, or an action 
taken outside the official premises of an authority and it is 
impossible to provide a court reporter on the spot, the record may be 
kept by the person who takes the action. 
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  96(4)  Where a record is kept by a court reporter, this shall be done as 
follows: the person who takes the action shall dictate to the court 
reporter what to enter in the record.  
(5)  A person being examined may be permitted to directly dictate 
answers for the record. Where abused, this right may be denied.  
 
Record Content 
Article 208 
(1) A record shall contain the name of the state authority before 
which the action is taken, the name and surname of the person who 
takes the action acting in an official capacity, the location of the 
action performance, the date and hour of the commencement and 
end of the action, the names and surnames of present persons and 
the capacity in which they are present, and the reference to the 
criminal case in which the action is taken.  
(2)  A record shall include the essential data on the course and the 
contents of the action performed. Only the essentials of given 
statements and depositions shall be entered in the record in the 
narrative form. Questions shall be entered into the record only 
where they are essential to understanding the answer. Where court 
deems needed, or on the request by the parties to a case or a defense 
attorney, the question and the answer thereto shall be entered in the 
record verbatim. Should such right be abused, it may be denied. 
Where items or documents are seized while performing an action, 
this shall be entered in the record, the seized items being attached to 
the record or the location of their safeguarding indicated.  
(3) The course of the main hearing may also be recorded 
stenographically. Stenographic notes shall be translated, examined, 
signed by the stenographer, and attached to the files within 48 hours.  
(4)  When taking actions such as a crime scene examination, search 
of homes or persons, or the identification of persons or items from 
Article 115 of the present Code, a record shall include the data 
important from the point of view of the nature of such action, or for 
the determination of the identicalness of certain items (description, 
measurements and size of items or traces, labeling of items, etc); 
where there are sketches, drawings, blueprints, photographs, video 
footages, etc. - these shall also be indicated and enclosed in the 
record.   
 
Orderly Record-keeping, Alterations, Corrections and 
Amendments to Records 
Article 209 
(1)   The records shall be kept orderly. No content shall be erased, 
amended, or altered. Parts that are crossed out shall remain legible. 
(2)  All alterations, corrections, and amendments shall be entered at 
the end of records and certified by the signatories to the records.  
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  97 
Reading of i.e. Insight into Records and Signing of Records 
Article 210 
(1)  The examined person, persons who mandatorily attend 
procedural actions, and parties to a case, a defense attorney, and an 
injured party, if present, shall be entitled to read the record, or to 
request to have it read. They shall be admonished thereon by the 
performer of the action; whether they have been notified thereof and 
the record read shall be indicated in the record. A record shall 
always be read, even in the absence of the court reporter, which 
shall be notified in the record. 
(2)  A record shall be signed by the examined person. If the record 
contains several pages, the examined person shall sign each page. 
Should the examined person refuse to put the signature or 
fingerprint thereon, this shall be entered in the record, together with 
the reason for such refusal.  
(3) The record shall conclude by the signatures of the interpreter, 
where any, of the witnesses who mandatorily attended the actions of 
evidence gathering process, and where there is a search, of the 
person whose home or who personally has been searched. Where the 
record is kept by the person referred to in Article 207 paragraph 3 of 
the present Code, the record shall be signed by the persons who 
attend the course of action. Where there are no such persons or if 
they cannot understand the contents of a record, the record shall be 
signed by two witnesses save where impossible to ensure their 
presence.  
(4)  In lieu of personal signature, an illiterate person shall put the 
fingerprint of the index finger of the right-hand, and a court reporter 
shall enter the name and surname of the person below his/her 
fingerprint. Where impossible to make the fingerprint of the right 
hand index finger, the print of some other finger or the print of left 
hand finger shall be put instead and the record shall include a note 
on which finger and hand the fingerprint has been taken from. 
(5)  If the examined person has neither arm, s/he shall read the 
record, or, if illiterate, the person shall have the record read, which 
shall be entered in the record. 
(6)  Where an action could not be performed without any 
interruption, the record shall include a note on the date and hour of 
the interruption as well as the date and hour of the resumption of the 
action.  
(7)  Where there are objections to the contents of a record, they as 
well shall be included therein.   
(8)  The person who has performed an action and the court reporter 
shall sign the record at the end thereof.  
 
 
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  98Exclusion of Records 
Article 211 
(1)  Where this Code envisages that a judgment cannot be based on 
the statement of a defendant, witness or expert witness,  or on the 
record of the search of one’s dwelling, or the information from 
Article 161 of the present Code, the investigative judge shall, by 
virtue of office or upon the motion of the parties, render a ruling on 
their exclusion from the file immediately or the latest until the 
completion of the investigation, or bringing the direct indictment 
from Article 288 of the present Code. This ruling may be subject to 
a special appeal.  
(2)  Once a ruling is final, the excluded records shall be sealed in a 
separate cover and kept with the investigating judge separately from 
other files; they may not be examined or used in the proceedings. 
(3) The investigation completed or  direct indictment brought 
(Article 288 of the present Code),  the investigative judge shall 
proceed according to the provisions from paragraphs 1 and 2 of this 
Article, and to all the information provided to the State Prosecutor 
and police by citizens  in the sense of Article 271 paragraph 3 and 
Article 259, paragraph 1 of the present Code. When the State 
Prosecutor brings the indictment without an investigation, s/he shall 
submit the files containing such information to the investigative 
judge, who shall proceed compliant to the provisions of this Article.   
 
Audio and Audiovisual Recording 
Article 212 
(1)  All actions taken during the course of criminal proceedings 
shall, as a rule, be recorded by audio or audiovisual recording 
devices. Previously, this shall be made known to the person 
examined,  who shall be advised of his right to request the copy of 
the record i n
 order to check the deposition given.  
(2)  The panel may, for justified reasons, decide on certain parts of 
the main hearing not to be recorded.  
(3)  The recording shall contain the data from Article 208 paragraph 
1 of the present Code, information necessary to establish the identity 
of the person whose statement is being recorded, and information of 
the capacity in which the person is being examined. Where 
statements of several persons are recorded, it shall be ensured that 
one can easily recognize from the recording who gives a statement.  
(4)  Upon the request of the examined person, the recording shall be 
copied immediately, and corrections or explanations offered by the 
abovementioned person shall be recorded.  
(5)  A record about the evidence gathering action shall include an 
entry on the recording, the identity of the person who has recorded 
it, a previous notification to the examined person of the act of 
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  99recording, the note that the recording has been copied and where it 
is kept if not enclosed in the case files. 
(6) The State Prosecutor , investigative judge, or the Chair of the 
Panel may order the recording to be fully or partially copied. In such 
case, the above person shall examine the copy, certify it, and 
enclose it to the record on the evidence gathering action.    
(7) A recording shall be kept with court as long as the respective 
criminal file is kept. 
(8) The State Prosecutor, investigative judge, or Chair of the Panel 
may allow participants in proceedings who have a reasonable 
interest to record the course of the evidentiary action by an audio 
recording device.  
(9)  The recordings referred to in paragraphs 1 through 8 of this 
Article may not be publicly presented without a prior written 
consent of the parties to and participants in the proceedings. 
 
Other Provisions of the Code Applicable to Main Hearing  
Records 
Article 213 
A main 
hearing record shall also be subject to provisions from 
Articles 331 through 334 of the present Code.  
 
Records on Deliberation and Voting 
Article 214 
(1)  A separate record on deliberation and voting shall be made. 
(2)  The record on deliberation and voting shall contain the course 
of the voting and the decision made. 
(3)  The record shall be signed by all members of the Panel and the 
court reporter. Separate opinions shall be enclosed in the record on 
deliberation and voting if not entered in the record. 
(4)  The record on deliberation and voting shall be sealed in a 
separate cover. The record may be examined only by the Higher 
Court when deciding on legal remedy. In that case, the court shall 
reseal the record in a separate cover and make a note thereon about 
the record’s examination.   
 
Chapter XII 
TIME LIMITS 
 
Time Limits for Filing Submissions 
Article 215 
(1) Time limits set forth by this Code may not be extended, unless 
this is explicitly allowed by this Code. Should a time limit be set by 
this Code for the protection of the right to defense and other 
procedural rights of an accused person, this time limit may be 
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  100shortened upon a written or oral request by the accused for the 
record before the court.  
(2)  Where a deposition is bound to a time limit, it shall be deemed 
timely if submitted to an authorized receiver thereof before the time 
limit expiry.   
(3)  Where a deposition is sent by registered mail, the date of its 
mailing shall be deemed the date of service on the addressee. Where 
a regular post office is inexistent, a delivery made to a military post 
office shall be deemed a delivery to the post by registered mail.  
(4)  An accused person who is in detention may make a deposition 
bound by a time limit also for the record before the court conducting 
the procedure or hand it to the prison administration; whereas the 
person serving the sentence or staying in an institution as subject to 
security or corrective measure may deliver such a deposition to the 
administrative authority competent for the enforcement of criminal 
sanctions or the institution where s/he is placed. The date of drafting 
such a record or submitting of such a deposition to the 
administrative authority competent for the enforcement of criminal 
sanctions or the institution shall be deemed the date of the 
submission to the authorized addressee authority. The administrative 
authority competent for the enforcement of criminal sanctions or the 
institution shall issue the detainee a certificate of delivery of the 
deposition.  
(5) Should a time-limit-bound submission be submitted or addressed 
to an incompetent court, due to ignorance or an obvious mistake on 
the part of the submitter, it being done before the time limit’s 
expiry, and the competent court receives it after the time limit’s 
expiry, the submission shall be deemed timely. 
 
Time Limit Calculation 
Article 216 
(1)  Time limits shall be calculated in hours, days, months and years. 
(2)  The hour or day of the submission, or act of deposition, or the 
event from which a time limit starts running shall not be calculated 
into the time limit but it shall start running from the very following 
hour or day. One day shall be calculated as 24 hours while a month 
shall be calculated by calendar. 
(3)  The time limits expressed in terms of months or years shall 
expire with the lapse of the day of the term’s last month or year 
which by date corresponds to the date when the time limit has 
started running. Where such a date is inexistent in the term’s last 
month, the time limit shall expire with the lapse of the last day of 
the month in question.  
(4)  Where the last day of the time limit happens to fall on a public 
holiday or on Saturday or Sunday, or on some other non-working 
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  101day of the competent state authority, the time limit shall expire with 
the lapse of the first following working day. 
 
Return to the S tatus quo ante  
Article 217 
(1)  The accused person who fails to meet the deadline for filing an 
appeal against a judgment, or ruling on effecting a security or 
corrective measure or the seizure, freezing and confiscation of 
proceeds of crime, or for lodging an objection to the ruling on 
punishment, the court shall allow the return to the status quo ante  
aimed at filing the appeal or lodging the objection if the accused 
person submits the application for return to the status quo ante,  
together with filing the appeal or lodging the objection, within eight 
days from the cease of reasons for failing to meet the deadline.  
(2) Return to the status quo ante  may not be subject to an 
application after three months from the date of failure to meet the 
time limit.  
 
Deciding on Return to Status quo ante  
Article 218 
(1)  The return to the status quo ante  shall be decided on by the 
Chair of the Panel who has rendered the judgment or ruling 
challenged by an appeal or objection. 
(2)  A ruling granting the return to the status quo ante  may not be 
subject to appeal. 
(3)  Where the defendant has filed an appeal against the ruling 
which rejects the return to the status quo ante , the court shall 
forward this appeal, together with the appeal against the judgment or 
ruling on security or corrective measure or on the seizure, freezing 
and confiscation of proceeds of crime as well as the response to the 
appeal and the entire file to the Higher Court for ruling. 
 
Effect of Filing an Application for Return to Status quo ante  
Article 219 
As a rule, an application for return to the status quo ante  shall not 
withhold the execution of a judgment or ruling on instituting a 
security or corrective measure or on the seizure, freezing and 
confiscation of proceeds of crime, and the execution of ruling on 
punishment, but the court competent in ruling on the application 
may decide to delay the execution until a decision on the application 
is made. 
 
 
 
 
 
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  102Chapter XIII 
ENFORCEMENT OF DECISIONS 
 
Finality and Enforceability of Judgment 
Article 220 
(1)  The judgment shall become final when it can no longer be 
contested by an appeal or when an appeal is not allowed. 
(2)  The final judgment shall become enforceable from the date of 
its service provided that there are no legal obstacles to its execution. 
If an appeal has not been filed or the parties have waived their right 
to appeal or have withdrawn the appeal, the judgment shall become 
enforceable upon the expiry of the time limit for the appeal or from 
the date of waiver of the right to appeal or withdrawal of the filed 
appeal by the parties.  
(3)  If the court which rendered the judgment in the first instance is 
not competent in its enforcement, it shall serve a certified copy of 
the judgment with a certificate of its enforceability to the court 
which is competent therein.  
(4)  If a punishment is imposed on a person serving in the Army of 
Montenegro, the court shall serve a certified copy of a final 
judgment to the state administration authority competent in the 
affairs of defense.  
 
Enforcement of Decisions with Respect to the Costs of Criminal 
Proceedings, Claims under Property Law, and Seizure of Items 
and Proceeds of Crime 
Article 221 
(1)  The execution of judgments with respect to the costs of criminal 
proceedings, seizure of proceeds of crime, and claims under the 
property law shall be vested in the competent court in compliance 
with the provisions of the law on the enforcement procedure.  
(2) The costs of criminal proceedings shall be compulsory charged 
by virtue of office and shall be credited to a separate budget 
allotment for the work of courts. The costs of compulsory charge 
shall previously be paid from the separate budget allotment for the 
work of courts. 
(3) If the security measure of seizure of an item has been 
pronounced by a judgment, the court which has rendered the 
judgment in the first instance shall decide whether such items will 
be sold pursuant to the provisions of law on the enforcement 
procedure, or given to a museum of criminology or other institution, 
or destroyed. The proceeds obtained from such a sale shall be 
credited to the separate budget allotment for the work of courts.  
(4) The provision of paragraph 3 of this Article shall be applied 
accordingly also where there is a decision made on seizure of an 
object pursuant to Article 477 of the present Code.  
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  103(5) In addition to a repeating of criminal proceedings or a request 
for the protection of legality, a final judgment on seizure of items 
may be amended in civil proceedings if a dispute arises regarding 
the ownership of the items seized.  
 
Finality and Enforceability of Other Decisions 
Article 222 
(1) Unless otherwise provided for by this Code, rulings shall be 
executed after they become final. Writs and orders shall be executed 
immediately unless otherwise instructed by the issuing authority.   
(2) A ruling shall be deemed final when it may not be contested by 
an appeal or when an appeal is not allowed.  
(3) Rulings and writs shall be executed by the issuing authorities 
unless defined otherwise. If court decides in the form of a ruling on 
the costs of criminal proceedings, such costs shall be collected 
according to the provisions from Article 221 paragraphs 1 and 2 of 
the present Code.   
 
Doubts about Permissibility of Execution or Doubts about Other 
Matters in Final Judgments 
Article 223 
(1) If doubts arise about the permissibility of the judgment’s 
execution or about the calculation of punishments, or if a final 
judgment fails to decide on a credit  for pre-main hearing  custody 
or a previously served sentence, or the calculation has not been done 
correctly, the Chair of the Panel of the court which judged in the 
first instance shall decide on these issues by a separate ruling. An 
appeal shall withhold the execution of the ruling unless otherwise 
instructed by the court.  
(2)  If doubts arise about the interpretation of a judgment, the Chair 
of the Panel that rendered the final decision shall rule thereabout.  
(3) Where enforcement is not allowed due to the statute of 
limitations, the President of the court competent in carrying out the 
enforcement shall decide thereon. The President of the higher court 
shall decide on the appeal against the ruling of the President of the 
court.   
 
Issuing a Certificate of Enforceability of Decision to the Injured 
Party 
Article 224 
After a decision on a claim under property law becomes final, the 
injured party may request the court that rendered the decision in the 
first instance to issue him/her a certified copy of the decision with a 
notification that the decision is enforceable.   
 
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  104Criminal Records 
Article 225 
(1) Criminal records on persons convicted of criminal offences 
committed in the territory of  Montenegro and of criminal offenders 
convicted by foreign courts shall be kept by the Ministry in charge 
of judicial affairs. 
(2) The manner of criminal records keeping shall be prescribed by 
the Government.  
 
Chapter XIV 
COSTS OF CRIMINAL PROCEEDINGS 
 
Types of costs 
Article 226 
(1) Costs of criminal proceedings are expenses incurred for the 
criminal proceedings, from its institution to its completion, and the 
costs of the evidence gathering process preceding  an investigation.  
(2)  Costs of criminal proceedings shall include the following: 
        1) costs of witnesses, expert witnesses, interpreters and 
specialists, and the costs of a crime scene investigation, 
reconstruction, exhumation, and costs of stenograph and typewriting 
and technical recording, and copies of records; 
         2) transport costs of the defendant; 
         3) expenses incurred when bringing a suspect, defendant, 
witness, and expert witness; 
         4) travel expenses of persons acting in an official capacity; 
         5) costs of medical treatment of a defendant while in detention 
as well as the costs of childbirth, except for the expenses which are 
charged from the health insurance funds; 
         6) costs of technical examination of a vehicle, blood analysis, 
DNA analysis, urine analysis, or other medical analysis, as well as 
the costs of the transportation of a corpse to the place of autopsy,    
         7) fees and necessary expenses of a defense attorney, 
necessary expenses of a private prosecutor and subsidiary 
prosecutor and their legal representatives, as well as fees and 
necessary expenses of their proxies;  
         8) necessary expenses of the injured party and the legal 
representative thereof, as well as fees and necessary expenses of 
his/her proxy;  
         9) an approximate sum for the expenses not included in the 
previous items.  
(3) An approximate sum shall be determined according to the 
duration and complexity of the proceedings and the financial 
situation of the person required to pay the sum. 
(4)  The costs referred to in paragraph 2, items 1 through 6 of this 
Article, as well as necessary expenses of the appointed defense 
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  105attorney and appointed proxy of the subsidiary prosecutor from 
Article 64 paragraph 3, Article 69 paragraph 6 and Article 70 of the 
present Code, in the proceedings for criminal offences which are 
prosecuted by virtue of office shall be paid from the funds of the 
authority conducting the criminal proceedings upon submitting a 
request for reimbursement of costs. These costs shall be later paid 
by the persons required to compensate them pursuant to the 
provisions of the present Code. The authority conducting the 
criminal proceedings shall enter all the costs paid in advance in a list 
which shall be enclosed in the file.   
(5) Where no criminal proceedings are eventually instituted, the 
costs arising from the evidentiary actions shall be borne by the 
authority under the order of which such actions were performed.   
(6)  The costs of translation/interpretation, incurred pursuant to the 
provisions of the present Code referring to the right of the parties to 
a case, witnesses and other participants in the proceedings to use 
their mother tongue, shall not be charged from the persons who, 
according to the provisions of the present Code, are due to 
compensate the costs of the criminal proceedings.  
 
Decision on Costs 
Article 227 
(1)  The judgment and the ruling by which criminal proceedings 
are discontinued or the indictment is dismissed, shall contain a 
decision on the person to bear the costs of proceedings and to 
which amount. 
(2) If the data on the amount of costs is lacking, the State Prosecutor 
or Chair of the Panel shall issue a separate ruling on the amount of 
those costs when such data are obtained. The data on the amount of 
costs that are lacking and a request for their compensation may be 
submitted not later than 15 days from the day of receipt of the final 
judgment or ruling referred to in paragraph 1 of this Article. 
(3) When a decision on the costs of the criminal proceedings 
referred to in paragraph 2 of this Article is made in a separate 
ruling, the Panel from Article 24 paragraph 7 of the present Code 
shall decide on the appeal against such ruling.  
(4) When criminal proceedings are not initiated or it is discontinued 
in the investigation phase, the issue of expenses shall be resolved by 
a State Prosecutor. If the State Prosecutor does not accept the 
request for the remuneration of expenses or does not render a 
decision thereon within two months as of the day the request was 
submitted, the suspect, the accused person and the defense attorney 
may request the investigative judge to decide on the expenses. 
 
 
 
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  106Hidden Costs 
Article 228 
(1) The defendant, injured party, subsidiary prosecutor, private 
prosecutor, defense attorney, legal representative, proxy, witness, 
expert witness, interpreter, and specialist from Article 282 
paragraph 8 of the present Code, regardless of the outcome of the 
criminal proceedings, shall bear expenses for bringing them before 
the court, postponing the evidence gathering process’  action or main 
hearing , and other costs of the proceedings incurred by their own 
fault, as well as a proportional amount of the approximate sum.  
(2) A separate ruling shall be issued on the costs referred to in 
paragraph 1 of this Article, unless the issue of the costs borne by a 
private prosecutor and defendant is to be resolved within the 
decision on the merits of the case.  
(3) The Panel from Article 24 paragraph 7 of the present Code shall 
decide on an appeal against the separate ruling referred to in 
paragraph 2 of this Article.  
 
Costs of the Proceedings When a Defendant is Found Guilty 
Article 229 
(1) When court finds a defendant guilty, it shall pronounce in the 
judgment that the defendant shall cover the costs of the criminal 
proceedings which have been paid in advance from the funds 
referred to in Article 226 paragraph 4 of the present Code, as well as 
the costs of a private prosecutor, subsidiary prosecutor and their 
legal representatives, and fees and necessary expenses of their 
proxies.   
(2) A person charged with several criminal offences shall not be 
sentenced to bear the costs with respect to the offences for which he 
was acquitted if such costs may be separated from the overall costs.  
(3)  In a judgment finding several defendants guilty, the court shall 
determine a proportion of the costs to be borne by each defendant, 
and, if this is not possible, the court shall order that all the 
defendants be jointly liable for the costs. The payment of the 
approximate sum shall be determined separately for each defendant. 
(4) In a decision on costs, court may acquit the defendant from 
bearing the overall or partial costs of the criminal proceedings 
referred to in Article 226 paragraph 2 items 1 through 6 and item 9 
of the present Code where the payment of these costs could destitute 
the defendant or his/her dependant. If such circumstances become 
evident after the decision on costs has been rendered, the Chair of 
the Panel may, in a separate ruling, release the defendant of the duty 
to reimburse the costs of the criminal proceedings.   
 
 
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  107Costs of the Proceedings in Discontinuation of Proceedings, 
Judgment of Acquittal or of Rejecting the Charges 
Article 230 
(1) When criminal proceedings are discontinued or a judgment of 
acquittal or rejecting the charges is rendered, the court shall 
pronounce in its decision on the discontinuation of proceedings or in 
the judgment that the costs of criminal proceedings referred to in 
Article 226 paragraph 2, items 1 through 6 of the present Code, as 
well as the necessary expenses of the defendant and the necessary 
expenses of the accused party and the necessary expenses and fee of 
the defense attorney, shall be paid from a separate budget allotment 
for the work of courts, save in the cases referred to in paras. 2 and 3 
of this Article. 
(2)  A person found guilty of false reporting offence shall reimburse 
the costs of the criminal proceedings that s/he prompted by the false 
reporting.  
(3) A private prosecutor shall reimburse the costs of the criminal 
proceedings referred to in Article 226 paragraph 2 items 1 through 6 
and item 8 of the present Code, the necessary expenses of the 
defendant and the necessary expenses and fees of his defense 
attorney if the proceedings are terminated by a judgment of acquittal 
or a judgment of rejecting the charges or a ruling discontinuing the 
proceedings, unless the proceedings are discontinued or if the 
judgment rejecting the charges is rendered because of the death of 
the defendant or statutory limitations in place due to prolongation of 
the case that may not be attributed to the private prosecutor.   If the 
proceedings are discontinued because the Prosecutor withdraws the 
charges, the defendant and private prosecutor may settle their 
mutual claims. If there is more than one private prosecutor, all of 
them shall be jointly liable for costs. 
(4)  When a court rejects charges on the grounds that the court is not 
competent in a case, the decision on costs shall be made by the 
competent court. 
(5) The amount of necessary expenses of the accused person and 
necessary expenses and fee of the defense attorney shall be decided 
by the President of the Panel by way of a special ruling. An appeal 
against that ruling shall be decided by the Panel referred to in 
Article 24, paragraph 7 of the present Code. 
(6) The request for reimbursement of expenses referred to in 
paragraph 5 of this Article shall be submitted within fifteen days as 
of the day of receipt of a final decision referred to in paragraph 1 of 
this Article.   
 
 
 
 
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  108Fees and Necessary Expenses of Defense Attorney 
Article 231 
(1) Fees and necessary expenses of a defense attorney and proxy to 
a private prosecutor or injured party shall be borne by the person 
whom they have represented regardless of who, according to the 
court decision, shall bear the costs of the criminal proceedings 
unless, pursuant to the provisions of the present Code, the fees and 
necessary expenses of the defense attorney shall be paid from the 
separate budget allotment for the work of courts. If court has 
appointed a defense attorney to the accused person, and the payment 
of fees and necessary expenses would impose a risk for the 
sustenance of the accused person or the sustenance of persons s/he is 
obliged to support, the fees and necessary expenses of the defense 
attorney shall be paid from the separate budget allotment for the 
work of courts. This shall also apply when a proxy to the subsidiary 
prosecutor has been appointed by court.  
(2)  A proxy who is not a member of the Bar or attorney in training 
shall not be entitled to a fee but only to the reimbursement of 
necessary expenses. 
 
Costs Incurred with Higher Court 
Article 232 
A higher court shall decide on the bearer of costs incurred with the 
higher court pursuant to the provisions from Articles 226 through 
231 of the present Code.  
 
Special Regulations on Payment of Costs 
Article 233 
The amount of a payment of costs of criminal proceedings and the 
lump sum amount, as well as the payment method shall be regulated 
by the Government. 
 
Chapter XV 
CLAIMS UNDER PROPERTY LAW 
 
Subject Matter of Claim under Property Law 
Article 234 
(1)  A claim under property law arising from the commission of an 
offence shall be considered upon a motion by persons from Article 
235 of the present Code, provided that this would not considerably 
delay the proceedings.  
(2)  The claim under property law may refer to a compensation of 
damages, restitution of items or annulment of certain legal matter.  
 
 
 
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  109 
Persons Entitled to File Petitions for Asserting Claims under 
Property Law 
Article 235 
(1) A motion to assert a claim under property law in the criminal 
proceedings may be filed by a person entitled to exercise such claim 
in litigation. 
(2)  Should state property be damaged due to a criminal offence, the 
authority entitled by law to protect such property may take part in 
the criminal proceedings in line with the competences vested in the 
abovementioned authority based on that law.   
 
Proceedings for Asserting Claim under Property Law 
Article 236 
(1) A motion to assert the claim under property law in the criminal 
proceedings shall be submitted to  the State Prosecutor , or the court 
conducting the proceedings.  
(2) The motion may be filed prior to the conclusion of the main 
hearing before the court of the first instance, at the latest.  
(3) A person entitled of filing motions shall specify his/her claim 
and present evidence.  
(4) If the authorized person fails to file a motion under the property 
law in criminal proceedings before the charge has been brought, s/he 
shall be notified of the right to file the motion before the conclusion 
of the main hearing. If state property has been damaged due to a 
criminal offence and no motion is filed, the court shall thereabout 
notify the authority referred to in Article 208 paragraph 2 of the 
present Code.  
 
Withdrawal of Petition 
Article 237 
(1) The authorized persons from Article 235 of the present Code 
may withdraw their petition for winning claims under the property 
law in criminal proceedings and may try to win them in litigation. 
The motion withdrawn, it may not be filed again.  
(2) If after filing a petition but prior to the conclusion of the main 
hearing a right contained in the claim under property law is 
transferred to another person in line with the rules of property law, 
the person in question shall be invited to declare whether or not he 
abides by the petition. If the person does not appear when duly 
summoned, s/he shall be deemed to have withdrawn the filed 
petition. 
 
 
 
 
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  110Inquiry into the Claim under Property Law and Gathering of 
Evidence 
Article 238 
(1) The court conducting the proceedings shall hear the defendant 
with respect to the facts presented in the petition and examine the 
circumstances which are of relevance for the decision on the claim 
under property law. Even before such a petition has been filed, the 
court shall gather evidence and determine what is necessary for 
rendering a decision on the petition. 
(2) If an inquiry into a claim under property law would considerably 
protract the criminal proceedings, the court shall restrict itself to 
gathering only the information which at a later stage would be 
impossible or considerably more difficult to determine.   
 
Decisions on Claims under Property Law 
Article 239 
(1)  The court shall decide on claims under property law.  
(2) In a judgment finding the defendant guilty, the court may 
pronounce judgment on the claim under the property law in its 
entirety or partially, and instruct the defendant to transfer the 
pending remainder of the case to litigation. If the facts established in 
the criminal proceedings furnish no solid grounds for either full or 
partial judgment, while their establishing would lead to a 
considerable protraction of the proceedings, the court shall advise 
the authorized person that s/he may pursue the entire claim under 
property law in litigation. 
(3)  Where having rendered a judgment of acquittal, a judgment of 
rejecting the charges, or a ruling discontinuing the criminal 
proceedings, the court shall advise the authorized person that s/he 
may pursue his/her claim under property law in litigation.  
(4) When a court declares itself incompetent in the criminal 
proceedings, it shall instruct the authorized person that s/he may file 
the petition on claims under property law in the criminal 
proceedings which shall be instituted or continued by a competent 
court.  
(5) In the course of criminal proceedings or after the completion 
thereof, the court may, regardless of the type of the decision 
rendered, instruct the injured party, i.e. the petitioner of a claim 
under property law, and defendant to try to settle the dispute through 
mediation process in accordance with the law regulating the rules of 
the mediation process.  
 
Decision on Delivering Items to Injured Parties 
Article 240 
Where the petition of a claim under property law pertains to the 
recovery of items, the court shall order by a judgment that the item 
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  111be delivered to the injured party if the court establishes that the item 
belongs to the injured party, while kept by the defendant or an 
accomplice in a criminal offence or a person given the item for 
safekeeping.   
  
Annulment of a Legal Transaction 
Article 241 
When a claim under property law pertains to annulment of a specific 
legal transaction and the court finds it grounded, it shall adjudicate 
the full or partial annulment of that legal transaction, with all the 
consequences deriving therefrom, without affecting the rights of 
third parties.  
 
Alteration to Decision on Claim under Property Law 
Article 242 
(1) In the criminal proceedings a court may alter a final judgment 
which decides on a petition on a claim under the property law only 
on the occasion of repeating the criminal proceedings or the motion 
of the protection of legality.  
(2) Except in the case referred to in paragraph 1 of this Article, a 
convict or his/her heirs may request the alterations to the final 
judgment which decides on a claim under property law only in 
litigation, as long as grounds exist for repeating the proceedings 
under the provisions of the Civil Procedure.  
 
Imposing Temporary Measures 
Article 243 
(1) Temporary measures securing a claim under property law arising 
out of the perpetration of a criminal offence may be ordered upon 
the motion of authorized persons (Article 235) and in conformity 
with the rules of the enforcement proceedings.  
(2) In the course of the investigation, the ruling referred to in 
paragraph 1 of this Article shall be rendered by the investigative 
judge. After the indictment has been brought, the ruling shall be 
rendered by the Chair of the Panel outside the main hearing and by 
the Panel during the main hearing.  
(3) A ruling rendered by the Panel on temporary measures of 
security may not be subject to appeal. In other cases, the Panel 
referred to in Article 24, paragraph 7 of the present Code shall rule 
on the appeal. An appeal shall not withhold the execution of the 
ruling.  
 
Return of Items in the Course of Proceedings 
Article 244 
(1) If the items undoubtedly belong to the injured party and they do 
not serve as the evidence in the criminal proceedings, these items 
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  112shall be handed over to the injured party even prior to the 
completion of the proceedings.  
(2) If several injured parties claim ownership over an item, they 
shall be instructed to institute a litigation proceedings and the court 
in the criminal proceedings shall order the safeguarding of items 
only as a temporary security measure.    
(3)  Items serving as evidence shall be provisionally seized from the 
owner and returned to him/her after the completion of the 
proceedings. If such an object is indispensable to the owner it may 
be returned to him/her even before the completion of the 
proceedings but s/he shall be liable to obligation to bring it in upon 
request.  
 
Measures Securing the Claim against a Third Party 
Article 245 
(1)  If the injured party has a claim against a third party for keeping 
items gained by the commission of a criminal offence, or for 
proceeds of crime, the court, in the criminal proceedings, upon the 
motion of the authorized persons from Article 235, may order a 
temporary measure securing the claim against that third party as 
well, in conformity with the provisions of the enforcement 
procedure law. The provisions of Article 243 paragraphs 2 and 3 of 
the present Code shall also apply to the abovementioned case. 
(2)  In a judgment finding a defendant guilty, the court shall either 
annul the measures referred to in paragraph 1 of this Article if these 
have not already been annulled, or instruct the injured party to 
institute the civil proceedings, and shall annul the measures if the 
civil proceedings is not instituted within a time limit set by the 
court.  
 
Chapter XVI 
PREJUDICIAL ISSUES AND OTHER PROVISIONS 
 
Resolution of Prejudicial Matters 
Article 246 
(1) If the application of the Criminal Code depends on a prior 
decision on a judicial matter that falls within the jurisdiction of a 
court in some other proceedings or within the competences of 
another state authority, the court adjudicating on the criminal case 
may also decide on this issue, pursuant to the rules of evidence in 
the criminal proceedings. The resolution of this judicial matter by a 
Criminal Court shall affect only the criminal case that is being tried 
before this court.  
(2) If such a prejudicial issue has already been decided by a court in 
some other proceedings or by another state authority, such a 
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  113decision shall not be binding on the Criminal Court in deciding on 
whether a particular criminal offence has been committed.  
 
Approval to Institute Criminal Proceedings 
Article 247 
(1) Where law provides that prosecution of certain persons and 
criminal offences requires previous approval of the competent state 
authority, the State Prosecutor may not order the conduct of an 
investigation or bring a direct indictment i.e. bill of without 
presenting evidence that such approval has been granted, unless 
otherwise prescribed by ratified international treaties.    
(2) When prosecution is based upon a private charge or upon a 
petition by a subsidiary prosecutor, the approval shall be obtained 
by the court.  
(3)  A person enjoying the right to immunity may invoke this right 
before the main hearing starts. If the defendant is granted immunity 
after the start of the main hearing, s/he may invoke immunity 
immediately, but not later than the end of the main hearing. 
(4) Authorities referred to in paragraphs 1 and 2 of this Article may 
request a permission to institute criminal proceedings even before 
the person enjoying immunity invokes such a right.  
 
Notification on Detention, on Entering of Indictment into Effect 
and on Judgment of Conviction 
Article 248 
Within three-day time limit, the court shall notify the authority or 
employer which employs a defendant about his/her detention, 
entering of an indictment into effect, or a judgment of conviction for 
a criminal offence subject to prosecution upon a bill of indictment.  
 
Discontinuation of Criminal Proceedings due to Defendant’s 
Death 
Article 249 
Where in the course of criminal proceedings it has been established 
that the defendant has died, the investigative judge or the Chair of 
the Panel shall issue a ruling to discontinue the criminal 
proceedings. 
 
Acting in Case of Establishing the Mental Incapacity of 
Defendant 
Article 250 
Should a court, in the course of criminal proceedings, establish that 
the defendant has committed a criminal offence but was mentally 
incapacitated at the time of the commission, the court shall render a 
decision in accordance with Article 470 of the present Code. 
 
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  114Sanctioning the Protraction of the Proceedings 
Article 251 
(1) In the course of proceedings, a court may impose a fine 
amounting to € 1.000 upon a defense attorney, proxy or legal 
representative, injured party, subsidiary prosecutor or private 
prosecutor if their actions are clearly aimed at protraction of the 
criminal proceedings.  
(2) The Bar Chamber shall be notified of the punishment imposed 
on an attorney.  
(3) If the State Prosecutor fails to timely file petitions to court or 
undertakes other actions in the course of proceedings with 
considerable delay, causing therewith a protraction of the 
proceedings, the court shall notify the higher State Prosecutor 
thereof.   
 
Application of the Regulations of International Law 
Article 252 
(1) The rules of international law shall apply with respect to 
exemption from criminal prosecution of aliens who enjoy the right 
to immunity in Montenegro.  
(2)  Should there be any doubt as to the status of persons referred to 
in paragraph 1 of this Article the court shall seek clarification from 
the administration authority competent in foreign affairs.  
 
Obligation of State Authorities, Courts of Law and Other 
Authorities in Detecting Criminal Offences and Perpetrators 
Article 253 
All state authorities shall render necessary assistance to courts and 
other state authorities taking part in criminal proceedings, especially 
in the matters of detecting criminal offences and finding their 
perpetrators. 
 
Part Two 
 
COURSE OF THE PROCEEDINGS 
 
A.   PRELIMINARY INVESTIGATION 
Chapter XVII 
CRIMINA L
 CHARGE 
 
Obligation to File Charge for Criminal Offence 
Article 254 
(1)  Persons acting in an official capacity and responsible persons in 
state authorities, local governance authorities, public companies and 
institutions shall file charge for criminal offences, subject to 
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  115prosecution by virtue of office, of which they have been informed or 
which they have learned while performing their office.  
(2) The duty from paragraph 1 of this Article shall also be 
incumbent upon all natural and legal persons who are granted 
certain public powers pursuant to law, or are professionally involved 
in the protection and security provision to persons and property or in 
the health care of persons, as well as in jobs of minors care and 
education, if they learn about a criminal offence while performing or 
in connection with their profession.  
(3)  Persons filing a criminal charge from paragraph 1 of this Article 
shall indicate evidence to the best of their knowledge and take 
measures to preserve traces of the criminal offence, the items upon 
which or by means of which the criminal offence has been 
committed, items resulting from the commission of criminal offence  
as well as other evidence.   
 
Reporting Criminal Offences by Citizens  
Article 255 
(1) Everyone shall report a criminal offence which is prosecuted by 
virtue of office and is obliged to report a criminal offence the 
commission of which has caused detriment to a minor.    
(2) When the court establishes in the course of criminal proceedings 
that reasonable suspicion exists that a person has failed to perform 
the duty referred to in paragraph 1 of this Article and that such 
omission results in a reasonable suspicion as to the commission of 
the criminal offence of neglecting and abuse of a minor, the court 
shall notify the competent State Prosecutor thereof.   
 
Filing Criminal Charge 
Article 256 
(1) Criminal charge shall be filed with the competent State 
Prosecutor whether in writing or orally.  
(2)  If the charge is filed orally, the informant shall be cautioned as 
to the consequences of false information. Oral charge shall be 
entered in a record, and where the information is filed over the 
phone or other means of electronic communication, an official 
annotation shall be made thereabout.  
(3) The charge filed with a court, the police authority or a State 
Prosecutor lacking jurisdiction, they shall receive the information 
and immediately forward it to the State Prosecutor having the 
jurisdiction.  
 
Competences and Actions of Police in Preliminary Investigation 
Article 257 
(1) Where there are grounds for suspicion that a criminal offence 
which is subject to prosecution by virtue of office has been 
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  116committed, the police shall inform the competent State Prosecutor 
and take necessary measures as a self-initiative or upon a petition by 
a State Prosecutor, with a view to  discovering the perpetrator, 
preventing the perpetrator or accomplice from fleeing or hiding, 
discovering and securing traces of the criminal offence and items 
which may serve as evidence, and to gathering all information 
which could be useful for conducting the criminal proceedings 
successfully.    
(2) In order to fulfill the duties referred to in paragraph 1 of this 
Article, the police authorities may seek information from citizens, 
apply polygraph testing, conduct voice analysis, perform anti-
terrorist raid, restrict movement to certain persons in a certain area 
for a relevant period, publicly offer a reward with the view of 
collecting information, request from the entity delivering 
telecommunication services to establish identity of 
telecommunication addresses that have been connected at a certain 
moment, carry out a necessary inspection of the means of 
transportation, passengers and luggage; undertake necessary 
measures related to the establishment of the identity of persons and 
the sameness of items, take a DNA sample for analysis, issue a 
wanted notice for a person or warrant for seizure of items which are 
subject to a search, inspect, in the presence of the authorized person, 
facilities and premises of state authorities, companies, other legal 
persons and entrepreneurs, have insight in their documentation and 
seize it where needed, and take other necessary measures and 
actions in compliance with this Code. Records or an official 
annotation shall be made on the facts and circumstances established 
in the course of individual actions, which may be of importance for 
the criminal proceedings, as well as on discovered or seized items. 
The police may also make audio or audiovisual recordings of the 
execution of certain actions from this paragraph, in which case such 
recordings shall be enclosed with the record or the official 
annotation thereon.  
(3) When conducting  a crime scene investigation for the criminal 
offence against traffic safety for which there are grounds for 
suspicion that it has caused severe consequences or has been 
committed with the intent, the police authorities may temporarily, 
and for to the time not exceeding three days, provisionally seize the 
driving license of the suspect.  
(4) A person against whom some of the actions or measures referred 
to in paragraphs 2 and 3 of this Article have been undertaken shall 
be entitled to file a complaint with the competent State Prosecutor.   
    
 
 
 
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  117Holding at the Crime Scene and Other Actions 
Article 258 
 (1) An authorized police official shall have the right to send persons 
found at the crime scene to the State Prosecutor or to hold them at 
the crime scene until the State Prosecutor’s arrival if these persons 
may provide facts important for the criminal proceedings and if it is 
likely that their interrogation at a later stage might be impossible or 
might entail considerable delays or other difficulties. Such persons 
shall not be held at the crime scene for more than six hours.  
(2) Where necessary for establishing identity or in other cases of 
interest for successful conduct of the proceedings, the police may 
take photos of the suspect and his/her fingerprints, and take other 
actions necessary to establish the identity of the suspect, the 
abovementioned being subject to a prior approval of the State 
Prosecutor.   
(3) If necessary to establish the identity of the person whose 
fingerprints have been left on certain items, the police may take the 
fingerprints of persons likely to have touched those items.  
(4)  Any person against whom some of the actions referred to in this 
Article have been taken shall have the right to file a complaint with 
the competent State Prosecutor or an immediately superior police 
authority.    
 
Gathering Information from Citizens 
Article 259 
(1) In order to gather information about a criminal offence or a 
perpetrator, the police may summon citizens. The reason for the 
summoning must be specified in the summons. A person who fails 
to appear as summoned may be brought in by force only where 
cautioned thereof in the summons.  
(2) Gathering information from the person may last as long as 
necessary to get the information needed, but not more than six  
hours.  
(3) Information may not be gathered from citizens by using force, or 
by means of deception or exhaustion, and the police must respect 
the personality and dignity of each citizen. If a citizen declines to 
give information he may not be prevented from leaving in which 
case the six hour rule referred to in paragraph 2 of this Article shall 
not be applicable.     
(4)  If a summoned citizen is accompanied to the police premises by 
an attorney, the police shall allow the presence of the attorney while 
gathering information from the citizen.  
(5) An official annotation or record of the information provided to 
the police shall be read to the informant thereof. This person may 
raise objections which shall be entered in the official annotation or 
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  118record by the police. A copy of the official annotation or record on 
the information provided shall be issued to the citizen upon request.   
(6) A citizen may be resummoned as to gathering information on the 
circumstances of another criminal offence or perpetrator, whereas 
for the purpose of gathering information related to the same criminal 
offence may be brought in again only with permission of the State 
Prosecutor.    
(7) While acting in accordance with paragraphs 1 to 6 of this 
Article, the police may not interrogate citizens in the capacity of the 
accused, witness or expert.  
 
Gathering Information from Detainees 
Article 260 
(1)  Upon an approval by the investigative judge or the Chair of the 
Panel, the State Prosecutor, and, in exceptional cases, the police, 
when so authorized by the State Prosecutor, may gather information 
from persons held in detention, if that is required for the discovery 
or clarification of other criminal offences and perpetrators.  
(2) The gathering of information specified in paragraph 1 of this 
Article shall take place in the prison where the defendant is 
detained, at the time ordered by the investigative judge or the Chair 
of the Panel and in his/her presence or in the presence of a judge 
designated by him/her. If so requested by the detainee, the defense 
attorney may be present in the course of gathering the information.  
(3)  Gathering of information shall be postponed until the arrival of 
the defense attorney, but not longer than four hours, and if the 
defense attorney does not appear in that time the information may be 
gathered in his/her absence.  
 
Examination of Suspect in Preliminary Investigation  
Article 261 
(1)  If in the co u
rse of gathering information the police assesses that 
a summoned citizen may be deemed a suspect, they are bound to 
immediately notify thereon the State Prosecutor who shall request 
the police to bring the suspect before him/her if s/he finds necessary 
to examine him/her prior to issuing an order of investigation.  
(2) The suspect shall be notified on the criminal offence he is 
charged with and the grounds for suspicion, that s/he is not obliged 
to make statements or answer any questions, that everything s/he 
says can be used as evidence against him in criminal proceedings, 
and on his/her right to retain a defense attorney who shall be present 
in the course of his/her interrogation. 
(3) The suspect shall be allowed to make contact with his/her 
defense attorney by phone or other means of electronic 
communication either directly or through his/her family members or 
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  119a third person whose identity must be revealed, and the State 
Prosecutor may assist the suspect to find a defense attorney. 
(4) If in the case of mandatory defense from Article 69 paragraph 1 
of the present Code the suspect fails to retain a defense attorney by 
himself/herself or the defense attorney fails to appear within four 
hours from being contacted by the suspect in the sense of paragraph 
3 of this Article, the State Prosecutor shall, by virtue of office, 
appoint a legal aid defense attorney from the Bar Chamber’s list of 
defense attorneys at his/her own discretion, and shall examine the 
suspect without any delay.   
(5) Exceptionally, upon the approval by the State Prosecutor, and 
with consent of the suspect and in the presence of the defense 
attorney, the police may examine a suspect. If the suspect fails to 
retain a defense attorney, the State Prosecutor shall, by virtue of 
office, appoint the defense attorney from the Bar Chamber’s list, 
and the police shall examine him/her without any delay. 
(6) A defense attorney appointed by virtue of office within the 
meaning of paragraphs 4 and 5 of this Article shall remain in the 
proceedings as long as there are conditions for mandatory defense, 
or until the defendant selects a defense attorney by himself/herself. 
(7) The interrogation of a suspect by the State Prosecutor or police 
shall be subject to the provisions of the present Code which govern 
the interrogation of the defendant.  
(8) A record shall be kept on the interrogation of a suspect. The 
record shall be read to the suspect and signed by the suspect, and 
any objections by the suspect shall be entered therein. The record of 
the interrogation of the suspect shall not be separated from the file 
and may be used as evidence in the criminal proceedings. 
(9) Should the State Prosecutor assess, after the interrogation of the 
suspect, that there is a reasonable suspicion that the suspect had 
committed the criminal offence from the charges, the State 
Prosecutor shall issue an order of investigation. 
(10) Upon issuing the order from paragraph 9 of this Article, the 
State Prosecutor may, if having assessed the conditions referred to 
in Article 267 paragraph 4 of the present Code to be met, issue a 
ruling on holding the suspect in custody, in which case the State 
Prosecutor shall propose to the investigative judge to order 
detention. The investigative judge shall act in compliance with 
Article 268 of the present Code.   
 
Examination of Witnesses in Preliminary Investigation 
Article 262 
(1) Should, in the course of preliminary investigation, the State 
Prosecutor find needed that a summoned citizen be heard in the 
capacity of a witness, the interrogation shall be performed by the 
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  120State Prosecutor in compliance with Article 113 of the present Code 
and prior to issuing an order of investigation. 
(2) While the action from paragraph 1 of this Article being taken, 
the suspect and the defense attorney shall be allowed to attend the 
interrogation, unless there is a risk of delay or this is impossible for 
other important reasons, where they may put questions to the 
witness and make objections.   
(3) The interrogation of a citizen in the capacity of a witness shall 
begin before the expiry of the time limit referred to in Article 259 
paragraph 2 of the present Code, but such time limit may be 
extended with the citizen’s consent thereto.  
(4)  A record shall be kept of the interrogation of a witness which 
shall be signed by the witness. The course of the interrogation may 
be recorded by an audio or audiovisual recording device. The record 
on the interrogation of witness shall not be separated from the file 
and may be used as evidence in the criminal proceedings.  
 
Provisional Seizure of Items, Crime Scene Investigation and 
Expert Witness Evaluation 
Article 263 
(1) If there is a risk of delay, the police may provisionally seize 
items pursuant to Article  85 paragraph 9 of the present Code and 
carry out a search of dwelling and persons under conditions from 
Article 84 of the present Code even before the investigation has 
been launched.    
(2) The police shall immediately return the provisionally seized 
items to the owner or holder if none criminal proceedings are 
instituted or if they fail to file a criminal charge with the State 
Prosecutor within three months. 
(3) If the State Prosecutor is unable to come immediately to the 
scene, the police may carry out a crime scene investigation by 
themselves and order necessary expert witness evaluations which 
allow no delay, except for autopsy and exhumation. If the State 
Prosecutor arrives to the crime scene while crime scene 
investigation is underway, s/he may take over the execution of those 
actions. 
(4) The police or the investigative judge shall notify the State 
Prosecutor on the actions referred to in paragraphs 1 to 3 of this 
Article without any delay.  
 
Deprivation of Liberty and Holding by the Police 
Article 264 
(1) Authorized police officers may deprive a person of liberty if any 
of the grounds for detention from Article 175 of the present Code 
exists, but they shall inform the State Prosecutor thereon without 
delay, draw up an official annotation that has to contain the time and 
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  121the place of the deprivation of liberty and to bring that person before 
the State Prosecutor without delay. On the occasion of the liberty-
deprived person’s appearance before the State Prosecutor, an 
authorized police officer shall submit the official annotation to the 
State Prosecutor and the State Prosecutor shall also enter in the 
record the deposition of the liberty-deprived person as to the time 
and place of his/her deprivation of liberty.  
(2) The person deprived of liberty shall be advised on the rights 
referred to in Article 5 of the present Code.   
(3)  If a person deprived of liberty is not escorted before the State 
Prosecutor within 12 hours from the deprivation of liberty, the 
police shall release the person.  
(4) A person deprived of liberty in compliance with paragraph 1 of 
this Article may not be deprived of liberty again for the same 
criminal offence.  
 
Deprivation of Liberty of a Person Caught in the Act of 
Committing Criminal Offence 
Article 265 
Anyone may deprive of liberty a person caught in the act of 
committing a criminal offence which is prosecuted by virtue of 
office. The person deprived of liberty shall immediately be brought 
to the State Prosecutor or police, and if this is not possible, one of 
the abovementioned authorities shall immediately be informed 
thereon. The police shall proceed pursuant to Article 264  of the 
present Code.   
 
Proceeding by the State Prosecutor upon Bringing a Person  
Deprived of Liberty 
Article 266 
(1) The State Prosecutor shall immediately advise a person deprived 
of liberty on his/her right to retain a defense attorney, and enable 
him/her to inform a defense attorney on his/her deprivation of 
liberty by phone or other means of electronic communication, either 
directly or through his/her family members or a third party whose 
identity must be relieved to the State Prosecutor, and shall where 
necessary assist him/her in retaining a defense attorney.  
(2)  If the person referred to in  paragraph 1 of this Article fails to 
ensure the presence of a defense attorney within 12 hours from the 
moment this was made available to him/her within the meaning of 
paragraph 1 of this Article, or if s/he declares waiver of the right to 
defense attorney, the State Prosecutor shall examine him/her with no 
delay, and not later within the next 12 hours. 
(3) If in a case of mandatory defense from Article 69 paragraph 1 of 
the present Code the person from paragraph 1 of this Article fails to 
retain a defense attorney within 12 hours from the moment he/she 
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  122was advised on that right, or declares the waiver of retaining a 
defense attorney, s/he shall be appointed a defense attorney by 
virtue of office and shall be examined without any delay.  
(4) The State Prosecutor shall release the person from paragraph 1 
of this Article immediately after the interrogation unless the State 
Prosecutor assesses there are reasons for the person’s detention. 
 
Holding by the State Prosecutor 
Article 267 
(1) Exceptionally, the suspect deprived of liberty may be held by the 
State Prosecutor, not longer than 48 hours from the moment of 
his/her deprivation of liberty, if the State Prosecutor finds that there 
is any of the reasons from Article 175 paragraph 1 of the present 
Code.  
(2) A person held and his/her defense attorney shall be issued and 
served a decision on holding immediately or within two hours the 
latest. The decision shall specify the offence which the suspect has 
been charged of, the grounds of suspicion, the reason of holding, 
date and hour of the suspect’s deprivation of liberty, and the 
moment from which the holding starts running.  
(3) The decision on holding may be subject to appeal by the suspect 
and defense attorney, the appeal being immediately submitted to an 
investigative judge together with the case file. The investigative 
judge shall decide on the appeal within four hours from the appeal’s 
receipt. The appeal shall not withhold the execution of the decision.  
(4) A suspect shall have a defense attorney as soon as the decision 
on holding is issued, in which case, accordingly, the provisions of 
Article 261 of the present Code shall be applicable. 
 
Ordering Detention in Preliminary Investigation 
Article 268 
(1) Where the State Prosecutor issues a decision on holding a 
suspect, and finds that there are still reasons for ordering detention, 
the State Prosecutor shall file a motion to the investigative judge for 
detention of the suspect.  
(2) The motion referred to in paragraph 1 of this Article shall be 
delivered to the  
investigative judge before the expiration of the 
holding time limit. Within that time limit the person held must be 
brought before the investigative judge. 
(3) The investigative judge shall, in the presence of the State 
Prosecutor, interrogate the person referred to in paragraph 1 of this 
Article regarding all the circumstances of significance for the 
rendering of the decision ordering detention. After interrogation, 
without delay and at the latest within 24 hours as of the moment that 
person was brought before him/her, the investigative judge shall 
order detention or reject the motion ordering detention. 
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  123(4) The person referred to in paragraph 1 of this Article shall have 
the right to have his/her defense attorney present during his/her 
interrogation by the judge. As regards the exercise of this right, 
provisions of Article 266, paras. 2 and 3 of the present Code shall be 
applied. 
(5) If the State Prosecutor did not bring and deliver to the court the 
order on conducting investigation in the course of holding a suspect, 
and does not perform this within 48 hours as of the moment of 
ordering detention, the investigative judge shall release the detainee.  
(6) Where a liberty-deprived person is brought to the State 
Prosecutor, that person, his/her defense attorney, family member, or 
partner in a customary marriage may request that the State 
Prosecutor allow a medical examination of the detainee. The 
decision on appointing a medical doctor who will perform the 
medical checks and the record on the detainee’s hearing shall be 
enclosed in criminal case file by the State Prosecutor.  
 
Ensuring Evidence by Court 
Article 269 
(1) If there is a risk that a person will not be available to court 
during the main hearing due to an older age, illness or other 
important reasons the State Prosecutor shall file a motion to the 
investigative judge to hear such person as witness in compliance 
with Article 114 of the present Code. 
 (2) If the investigative judge rejects the motion from paragraph 1 of 
this Article the Panel referred to in Article 24 paragraph 7 of the 
present Code shall render a decision on the matter.   
 
Filing of Criminal Charge by Police 
Article 270 
(1) On the basis of information gathered, the police shall draft a 
criminal charge and file it with the State Prosecutor, shall notify the 
State Prosecutor on the measures taken in the preliminary 
investigation and specify evidence learned of in the course of 
gathering of information. The items, sketches, photographs, audio 
and visual recordings, reports obtained, documents on the measures 
and actions taken, records, official annotations, depositions, and 
other materials which may be useful for a successful conduct of 
criminal proceedings shall be attached to the criminal charge.  
(2) Should the police learn of new facts, evidence or traces of a 
criminal offence after having filed a criminal charge, the police shall 
gather necessary information and to deliver a report thereon to the 
State Prosecutor as an amendment to the criminal charge.  
 
 
 
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  124Dismissals of and Amendments to Criminal Charges 
Article 271 
(1) The State Prosecutor shall, by a reasoned decision, dismiss a 
criminal charge if it arises from the charge that the act in question 
does not constitute a criminal offence or a criminal offence 
prosecuted by virtue of office , if the statutory limitation has come to 
effect, or if the offence is subject to amnesty or pardon, or if there 
are other circumstances disqualifying the prosecution.  
(2) Within eight days, the State Prosecutor shall deliver the act 
on the dismissal of a criminal charge to the informant, as well as 
to the injured party, compliant to Article 59 of the present Code.   
(3) If, based on the contents of the criminal charge, the State 
Prosecutor is unable to establish whether the allegations in the 
charge are probable, or if the facts from the charge are insufficient 
to issue either an order of investigation or decision on the dismissal 
of charge, and particularly if the offender is unknown, the State 
Prosecutor shall, either personally or through other  authorities, 
gather necessary information. For that purpose the State Prosecutor 
may summon the informant, the person subject to criminal charge, 
and other persons whom s/he assesses able to provide information 
relevant to deciding on the charge. If the State Prosecutor is unable 
to do it by himself/herself, s/he shall request the police authorities to 
obtain necessary information and take other measures in order to 
discover the criminal offence and its perpetrator, in compliance with 
Articles 257, 258 and 259 of the present Code.  
(4) Aimed at clarification of specific issues subject to an expert 
opinion, arising on the occasion of deciding on a criminal charge, 
the State Prosecutor may ask for relevant explanations from 
professionals in the field.    
(5) The State Prosecutor may at any time require information from 
the police regarding the measures taken. The police shall respond to 
the State Prosecutor without any delay.  
(6)  If, even after the undertaking of the actions from paragraphs 3, 4 
and 5 of this Article, there are some of the circumstances from 
paragraph 1 of this Article or if there is no reasonable suspicion that 
a suspect has committed a criminal offence which is prosecuted by 
virtue of office, the State Prosecutor shall dismiss the charge. 
(7) When gathering or giving information, the State Prosecutor and 
other state authorities, companies and other legal persons shall act 
with due caution, ensuring that no harm be inflicted on the honor 
and reputation of the person who is subject to the information.  
 
Laying off Criminal Prosecution 
Article 272 
(1) The State Prosecutor may decide to postpone criminal 
prosecution for criminal offences punishable by a fine or 
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  125imprisonment for a term up to five years, when s/he establishes that 
it is not functional to conduct criminal proceedings having in mind 
the nature of a criminal offence and the circumstances of its 
commission, the offender’s past and personal attributes, if the 
suspect accepts to fulfill one or several of the following obligations: 
        1) to eliminate a detrimental consequence or to compensate the 
damage caused by the criminal offence,  
        2) to fulfill obligations as to the payables for material support 
or other liabilities determined by a final judgment; 
        3) to pay a certain amount of money for the benefit of a 
humanitarian organization, fund or public institution; 
        4) to carry out some community service or humanitarian work,  
(2) The suspect shall fulfill the accepted obligation within six 
months the latest.  
(3) The obligations referred to in paragraph 1 of this Article shall be 
imposed upon the suspect by a decision of the State Prosecutor. The 
decision shall be served on the suspect, injured party, if any, or the 
beneficiary humanitarian organization or public institution.  
(4) Before issuing the decision referred to in paragraph 3 of this 
Article, the State Prosecutor may, assisted by specially trained 
persons – mediators, carry out the procedure of mediation between 
the injured party and the suspect, the process being subject to the 
provisions of the law regulating the rules of mediation procedure for 
the obligations referred to in paragraph 1 items 1 and 2 of this 
Article, or obtain the consent of the injured party for the measures 
referred to in paragraph 1 items 3 and 4 of this Article. 
(5) A more detailed manner of fulfilling obligations referred to in 
paragraph 1, items 1 to 4 of this Article, the contents of the decision 
referred to in paragraph 3 of this Article as well as a more detailed 
manner of implementing actions in the application of provisions of 
this Article shall be prescribed by the ministry competent for the 
affairs of the judiciary.  
(6) If the suspect executes the obligation referred to in paragraph 1 
of this Article, within the time limit referred to in paragraph 2 of this 
Article, the State Prosecutor shall dismiss the criminal charges. In 
this case, the provisions of Article 59 of the present Code shall not 
be applicable, of which the State Prosecutor shall advise the injured 
party before obtaining the consent referred to in paragraph 4 of this 
Article.  
 
Dismissal of Criminal Charge for Fairness 
Article 273 
In the cases of criminal offences punishable by a fine or prison 
sentence of up to 3 years, the State Prosecutor may dismiss a 
criminal charge if the suspect, expressing his/her true regret, has 
prevented a damage from occurring or has already compensated for 
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  126the entire damage, and the State Prosecutor has established that 
imposing a criminal sanction would not be in line with fairness. In 
such case, the provisions of Article 59 of the present Code shall not 
be applicable.   
 
B.  PRE-MAIN HEARING   PROCEEDINGS 
 
Chapter XVIII 
INVESTIG
ATION 
 
Purpose of Investigation 
Article 274 
(1) An investigation shall  be conducted based on an order of 
investigation and  against a specific person when there is a 
reasonable suspicion that the person has committed a criminal 
offence. 
(2)  In the course of an investigation, such evidence and information 
shall be gathered as are necessary for the State Prosecutor in 
rendering a decision as to whether to bring an indictment or 
discontinue the investigation, and  evidence for which there is a risk 
they may not be available for repetition at the main hearing or 
whose presentation may involve some difficulties, as well as other 
evidence which may be of use for the proceedings and which 
presentation is functional considering the circumstances of a case.  
 
Order of Investigation 
Article 275 
(1) A State Prosecutor shall order the launch of an investigation 
where s/he finds that the allegations in a criminal charge and its 
enclosures indicate reasonable grounds to believe that a suspect has 
committed the criminal offence charged with.  
(2) Before issuing the order referred to in paragraph 1 of this 
Article, the State Prosecutor shall examine the suspect unless the 
suspect has already been examined in the preliminary investigation 
in accordance with Article 261 of the present Code or if there is a 
risk of postponement. If special circumstances so require or if 
repeated interrogation of the suspect is required in order to gather 
evidence for the defense, the State Prosecutor may again examine 
the suspect already examined in the preliminary investigation, prior 
to ordering an investigation.  
(3)  The order of investigation shall contain: the personal data of the 
suspect, a description of the offence which result in its legal 
attributes, the statutory title of the criminal offence, and evidence as 
grounds for the reasonable suspicion. 
(4)  In the order of investigation, the State Prosecutor may suggest 
to the judge to impose on the defendant one or several measures 
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  127referred to in Article 166 paragraph 2 of the present Code or to order 
detention of the defendant who is held or deprived of liberty.  
(5) Order on the conduct of investigation shall be delivered to the 
accused person and his/her defense counsel. 
 
Competence in Conducting Investigation 
Article 276 
(1) The State Prosecutor shall conduct the investigation.  
(2) If so requested by the parties, certain actions of the evidence 
gathering process in the investigation may, under the rules of the 
present Code, be undertaken by an investigative judge, provided that 
special circumstances obviously indicate that it will not be possible 
to repeat such actions at the main hearing or that the presentation of 
evidence at the main hearing would be impossible or significantly 
more difficult.  
(3) If the investigative judge does not concur with the request 
referred to in paragraph 2 of this Article, the decision thereon shall 
be made by the Panel referred to in Article 24 paragraph 6, within 
24 hours.  
(4) An investigation may be conducted by one State Prosecutor’s 
Office for the territory of several Prosecutor’s Offices (the 
investigative center), in compliance with law.  
 
Entrusting Performance of Actions in Evidence Gathering 
Process 
Article 277 
(1)  The State Prosecutor may entrust performance of certain actions 
in the evidence gathering process to the State Prosecutor with 
territorial jurisdiction as to the performance of such actions, or to a 
single prosecutor vested with competences in conducting 
investigations for the territory of several prosecutors. 
(2) Upon request or approval of the State Prosecutor the police shall 
take photographs of the defendant, take his fingerprints or saliva 
sample for DNA analysis if needed for the purposes of criminal 
proceedings.    
(3)  The State Prosecutor entrusted with the performance of certain 
evidence gathering actions shall, where needed, carry out other 
evidence gathering actions connected to or arising from those 
entrusted with the State Prosecutor. 
(4) If the State Prosecutor entrusted with performance of certain 
evidence gathering actions is not competent in performing thereof, 
s/he shall forward the case to the competent State Prosecutor and 
notify thereabout the State Prosecutor who entrusted him with the 
case.  
 
 
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  128Actions of Evidence Gathering Process Exclusively Ordered by 
 Investigative Judge 
Article 278 
(1)  The order for a search of dwelling, other premises and persons, 
as well as the order for provisional seizure of objects shall be issued 
by the investigative judge upon a motion of the State Prosecutor.  
(2)  At the request of the State Prosecutor the investigative judge 
shall issue an order for a corpse exhumation.   
(3)  If the investigative judge does not approve the motion referred 
to in paragraph 1 of this Article or the request referred to in 
paragraph 2 of this Article, the decision thereon shall be made by 
the Panel referred to in Article 24 paragraph 7 of the present Code 
within 24 hours.  
  
Ordering Detention in Investigation 
Article 279 
(1)  Upon filing a motion for detention of a defendant pursuant to 
Article 275 paragraph 4 of the present Code, after being satisfied 
that other measures referred to in Article 163 paragraph 1 of the 
present Code cannot ensure the presence of the defendant or create 
conditions for an unimpeded conduct of the criminal proceedings, 
the State Prosecutor shall issue a decision on a temporary holding of 
the defendant in accordance with Article 267 of the present Code if 
the State Prosecutor has not ordered the holding of the suspect prior 
to issuing an order of  launching investigation.   
(2) Within the duration of holding, the investigative judge shall 
examine the accused person and decide whether to impose  
detention or dismissal the motion for having the defendant detained. 
(3) In the case referred to in paragraph 2 of this Article, if the 
investigative judge fails to issue a ruling ordering detention before 
the expiry of the holding time limit, the accused person shall be 
released without delay.  
 
Scope of Investigation 
Article 280 
(1)  An investigation shall only be conducted with respect to the 
criminal offence and against the accused person who is subject to 
the order on launching the investigation. 
(2)  If in the course of the investigation it becomes evident that it 
should be expanded to another criminal offence or another person , 
the State Prosecutor shall issue an order to that effect, subject to the 
provisions from Article 275 of the present Code.  
 
 
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  129Motions for Evidence Gathering Actions Filed by the Accused 
Person, Defense Attorney, Injured Party, and Proxy of the Party 
Injured in Investigation 
Article 281 
(1) In the course of an investigation, the accused person, defense 
attorney, injured party, and proxy of the injured party may file 
motions to the State Prosecutor for certain actions to be taken.  
(2)  The accused person, defense attorney, injured party, and proxy 
of the injured party may file motions referred to in paragraph 1 of 
this Article also to the State Prosecutor entrusted with the 
performance of certain evidence gathering actions. If the State 
Prosecutor disagrees with the motion, s/he shall notify the person 
who has filed the motion thereon, and this person may repeat filing 
the motion with the State Prosecutor referred to in paragraph 1 of 
this Article.   
 
Openness of Investigation 
Article 282 
(1) An injured party, proxy of the injured party and defense attorney 
may attend the interrogation of the accused person.  
(2) The injured party, proxy of the injured party, accused person and 
defense attorney may attend the crime scene investigation, 
reconstruction and hearing of an expert witness.  
(3) The injured party, proxy of the injured party and defense 
attorney may be present at the search of dwelling. 
(4) The accused person, defense attorney, injured party, and proxy 
of the injured party may be present at witness hearings. 
(5) The State Prosecutor shall notify in a convenient manner the 
defense attorney, the injured party, proxy of the injured party, and 
the accused person of the time and place of taking evidence 
gathering actions they are entitled to attend, unless there is a risk of 
delay. If the accused person retains a defense attorney, the State 
Prosecutor shall, as a rule, notify only the defense attorney. If the 
accused person is in detention and the evidence-related action is to 
be performed outside the court seat, the State Prosecutor shall 
decide whether the presence of the accused person is needed. 
(6)  The evidence gathering action may be carried out even in the 
absence of a duly notified person who fails to appear.  
(7)  Persons attending the evidence gathering actions may suggest 
that the State Prosecutor poses certain questions to the accused 
person, witness or expert witness for the purpose of clarification, 
and, upon the permission of the State Prosecutor, may pose 
questions personally. These persons are entitled to request that their 
objections as to carrying out certain actions be entered in the records 
and may propose that certain evidence be examined.  
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  130(8)   In order to clarify certain technical or other expert issues which 
arise in relation to the evidence gathered or at the interrogation of 
the accused person or in the course of undertaking other evidence-
related actions, the State Prosecutor may require that an expert in 
the relevant field give necessary explanations in regard to those 
issues.  If the parties are present while the explanation is being 
conveyed, they may request that the expert provide a more detailed 
explanation. Where necessary, the State Prosecutor may require a 
specialized institution to provide an explanation.  
(9)  The provisions of paragraphs 1 through 8 of this Article shall 
also be applied if the evidence-related action is undertaken before 
the order of investigation is rendered.   
 
Obligation to Assist in Investigation 
Article 283 
If, in conducting the investigation , the State Prosecutor or the 
investigative judge  requires police assistance (crime-investigation 
and technical assistance, etc) or from other state authorities, they 
shall provide this assistance upon his/her request. When it is 
estimated that an evidence-related action may not be delayed, the 
assistance from a company or other legal person may be requested.  
 
Obligation of Keeping a Secret Arising from Investigation 
Article 284 
Should it be in the interests of criminal proceedings, keeping 
information as secret, public order, moral or protection of personal 
or family life of the injured party or the accused person, the person 
acting in an official capacity who is undertaking an evidence 
gathering  action shall order the persons who are being examined or 
who are present while the abovementioned  actions are being carried 
out, or who inspect the files of the investigation, to keep as secret 
certain facts or information they have learned in the course of 
proceedings and shall advise them that any disclosure of a secret 
constitutes a criminal offence. This order shall be entered into the 
record on evidence-related  action or shall be noted in the inspected 
files, along with the signature of the person cautioned.  
 
Maintaining Order during Investigation 
Article 285 
(1)  During the course of the evidence gathering process, the State 
Prosecutor or investigative judge shall maintain order and protect 
participants in the proceedings from insults, threats and any other 
form of assault. 
(2)  A fine not exceeding €1,000 may be imposed on a participant in 
the proceedings or other person who, during the evidence gathering 
process and after given caution, has been disturbing order, giving 
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  131the participants of the proceedings offenses, or endangering their 
safety; The investigative judge shall impose the abovementioned 
fine at his/her own discretion or upon a motion by the State 
Prosecutor. If the presence of such person is not necessary, the 
person may be removed from the place where the evidence 
gathering action is being carried out.  
(3)  The accused person may not be fined but s/he may be taken 
away from the place where the evidence gathering action is being 
carried out. 
(4)  If the State Prosecutor disturbs the order, the investigative judge 
shall proceed pursuant to the provision from Article 321 paragraph 5 
of the present Code.   
 
Recess of Investigation 
Article 286 
(1)  The State Prosecutor shall recess an investigation by an order in 
the following cases: 
(1) if the accused person develops a temporary mental illness 
or temporary mental disorder; 
(2) if the habitual residence of the accused person is 
unknown; 
(3) if the accused person has fled or is otherwise out of reach 
of the state authorities. 
(2) Prior to recessing the investigation from paragraph 1 of this 
Article, all the obtainable evidence on the criminal offence and the 
guilt of the accused person shall be gathered.  
(3)  The State Prosecutor shall continue the investigation as soon as 
obstacles which resulted in the recess cease to exist.  
 
Indictment  by Subsidiary Prosecutor 
Article 287 
(1) Where an injured party assumes prosecution in compliance with 
Article 59 of the present Code, s/he may a direct indictment.  
(2) If the injured party finds necessary to perform certain 
evidentiary actions prior to bringing the direct indictment, the 
injured party may file a motion to the investigative judge to take 
such actions.  
(3) If the investigative judge sustains the motion from paragraph 2 
of this Article, s/he shall take necessary evidentiary actions without 
delay and notify the injured party thereof. 
(4) If the investigative judge fails to sustain the motion from 
paragraph 2 of this Article, s/he shall require that the matter be 
decided by the Panel from Article 24 paragraph 7 of the present 
Code, which is obliged to issue a decision thereon within three days. 
(5) The decision of the Panel referred to in paragraph 4 of this 
Article may not be subject to appeal. 
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  132Bringing Direct Indictment 
Article 288 
The State Prosecutor shall not conduct an investigation if the 
gathered information referring to a criminal offence and the 
previously examined accused person provide sufficient grounds for 
bringing a direct indictment.  
 
Obtaining Information on the Accused Person 
Article 289 
(1)  Before the investigation is concluded, the State Prosecutor shall 
obtain information on the accused person referred to in Article 100 
paragraph 1 of the present Code if the information are missing or 
need a check, as well as information on the accused person’s 
previous convictions and, if s/he has still been serving a sentence or 
another sanction which is connected to deprivation of liberty – the 
information on his/her behavior while serving the sentence or other 
sanction. If necessary, the State Prosecutor shall obtain information 
on the accused person’s past, his living conditions as well as on 
other circumstances concerning his personality where needed. The 
State Prosecutor may order medical or psychological examinations 
of the accused person when this is needed in order to supplement 
information on the defendant’s personality.   
(2)  Where applicable to impose a cumulative sentence comprising 
the sentences from previous judgments as well, the State Prosecutor 
shall request certified copies of the final judgments.  
 
Completion of the Investigation 
Article 290 
(1)  The State Prosecutor shall conclude the investigation when s/he 
finds that the case has been sufficiently clarified and shall make an 
official annotation thereof. 
(2)  After the conclusion of the investigation, the State Prosecutor 
shall, within fifteen days, bring an indictment or discontinue the 
investigation.  
(3)  If the investigation has not been completed within six months, 
the State Prosecutor shall notify thereof the immediately superior 
prosecutor as to the reasons for not completing the investigation. 
The immediately superior State Prosecutor shall take such measures 
as may be necessary to complete the investigation.  
(4) The State Prosecutor shall order a  n investigation to cease if, 
during its course or after its completion, s/he finds that:  
1) the act the accused person is charged with is not a criminal 
offense or a criminal offense prosecuted by virtue of office;  
2) the act has been granted amnesty, pardon or statute of limitations; 
3) there are other obstacles that preclude prosecution; 
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  1334) there is no evidence which would back a reasonable suspicion 
that the accused person has committed a criminal offense. 
(5) Within eight days, the order from paragraph 4 of this Article 
shall be served on the injured party together with an instruction of 
his/her being entitled to initiate criminal prosecution by bringing a 
direct indictment within eight days from the date when s/he was 
served the order.  
 
Chapter XIX 
INDICTMENT AND REVIEW OF THE INDICTMENT 
 
Indictment 
Article 291 
After the investigation is completed, or when pursuant to this Code 
an indictment without investigation may be brought (Article 288), 
the proceedings before the court shall be conducted only on the 
basis of the indictment brought by the State Prosecutor or the 
subsidiary prosecutor.   
 
Contents of the Indictment 
Article 292 
(1)   The indictment shall contain: 
        1)  the name and surname of the accused person with his/her 
personal data referred to in Article 100 of the present Code, as well 
as data about whether and since when s/he has been in detention or 
whether s/he is at liberty, and if s/he was released from detention 
before the indictment was brought, for how long s/he had been 
detained, 
         2) a description of the act pointing out the legal elements 
which make it a criminal offense, the time and  place of  
commission of criminal offence, the object upon which and 
instrument by means of which the criminal offence was committed 
as well as other circumstances necessary for the precise description 
of the criminal offence,  
          3) the statutory title of the criminal offence accompanied by 
the relevant provisions of the law which according to the 
Prosecutor’s motion are to be applied, 
           4) an indication of the court before which the main hearing 
shall be held,  
           5) proposal of evidence to be presented at the main hearing, 
including the list of the names and addresses  of witnesses and expert 
witnesses, documents to be read and objects serving as evidence, 
           6) a statement of reasons describing the state of affairs 
according to the results of the investigation, indicating the evidence 
necessary to establish the relevant facts, presenting the accused 
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  134person’s defense and the Prosecutor’s position on the points of  
defense.    
(2)  If the accused person is at liberty, it may be proposed in the 
indictment that s/he be detained or that measures referred to in 
Article 166 of the present Code be ordered, and if the defendant is 
already detained, it may be proposed that s/he be released or that 
other measures referred to in Article 166 of the present Code be 
ordered. The indictment may contain a proposal to extend the 
detention of the accused person, in which case the prosecutor must 
show that other measures cannot serve the purpose for which the 
detention is ordered.   
(3)  Several criminal offences or several accused persons may be 
joined in one indictment only if, pursuant to the provisions of 
Article 31 of the present Code, a joinder is possible and if a single 
judgment may be rendered. 
 
Control of the Indictment 
Article 293 
(1)  The indictment shall be submitted to the Panel referred to in 
Article 24 paragraph 6 of the present Code for control and 
confirmation.  
(2)  When the Panel determines that there are errors or discrepancies 
in the indictment (Article 292) or in the proceedings itself or that a 
better clarification of the facts of the case is necessary in order to 
examine the grounds for the indictment, it shall return the 
indictment ordering the errors to be corrected or that the 
investigation be supplemented or carried out. The Prosecutor shall 
be bound, within a term of three days from the day the decision of 
the Panel is conveyed to him/her, to submit a properly composed 
indictment or to supplement or conduct an investigation within two 
months. For justifiable reasons, upon a Prosecutor’s request, the 
Panel may extend this term. If the State Prosecutor fails to comply 
with this term, s/he shall notify the higher State Prosecutor of the 
reasons of the failure. If the subsidiary prosecutor fails to comply 
with this term it shall be deemed that s/he withdraws from 
prosecution and the proceedings shall be discontinued. 
(3)   If matters need to be clarified further  in order to examine the 
grounds of the indictment of the subsidiary prosecutor, the Panel 
shall submit the indictment to the investigating judge to undertake 
certain evidentiary actions within two months. 
(4)  If the Panel determines that some other court has jurisdiction 
over the criminal offence that charges have been brought for, it shall 
declare that the court to which the indictment was submitted 
incompetent and after the ruling becomes final it shall refer the case 
to the competent court.  
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  135(5)  If the Panel determines that the files contain records or 
information referred to in Article 211 of the present Code it shall 
render a ruling that they be excluded from the files. This ruling shall 
be subject to a separate appeal which shall be decided by a Panel of 
immediately superior court. After the ruling becomes final the Chair 
of the Panel referred to in Article 24, paragraph 6 of the present 
Code shall make sure that the excluded records and information be 
sealed in a separate cover and be handed over to the investigating 
judge for the purpose of keeping them apart from other files. The 
excluded records and information shall not be examined or used in 
the criminal proceedings.  
 
Discontinuing Proceedings on the Basis of the Control of the 
Indictment 
Article 294 
(1)  When acting in accordance with Article 293 paragraph 1 of the 
present Code, the  Panel shall decide that there are no grounds for an 
indictment and shall discontinue the proceedings if it establishes 
that: 
       1) the act the defendant is charged with is not a criminal 
offence, 
       2) the statute of limitations for the initiation of prosecution has 
expired or that the offence is covered by amnesty or pardon or that 
there are other circumstances which permanently exclude 
prosecution; 
      3) there is no sufficient evidence supporting reasonable 
suspicion that the accused person has committed the offence s/he 
has been charged with. 
(2)  If the Panel ascertains that the request or the motion of an 
authorized Prosecutor or an approval for prosecution is lacking, or 
that there are other circumstances that temporarily bar prosecution, 
it shall dismiss the indictment by a ruling.    
  
Legal Qualification of the Offence not Binding 
Article 295 
When rendering a ruling referred to in Article 293, paragraph 3 and 
Article 294 of the present Code, the Panel shall not be bound by the 
legal qualification of the offence as stated by the Prosecutor in the 
indictment.  
 
Confirmation of the Indictment 
Article 296 
(1)  If the Panel does not render any of the rulings referred to in 
Articles 293 paragraph 4 and Article 294 of the present Code within 
8 days, and in complex cases within 15 days after the receipt of  the 
indictment,  it shall render a ruling confirming the indictment.   
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  136(2)  The indictment shall enter into force at the moment a ruling on 
confirmation is made.  
(3) By way of the same ruling the Panel shall decide on motions for 
a joinder or severance of the proceedings.   
 
Appeal against the Decision of the Panel 
Article 297 
(1)  An appeal may be filed against the Panel decision referred to in 
Article 292, paragraph 3 of the present Code, and an appeal may be 
filed by the Prosecutor and the injured party against the decisions 
referred to in Article 294 of the present Code. Other decisions of the 
Panel concerning a control of the indictment are not appealable.  
(2)  If only the injured party filed an appeal against the ruling of the 
panel and if this appeal is satisfied, it shall be deemed that s/he has 
assumed prosecution by filing the appeal.  
 
Bringing an Indictment and Detention 
Article 298 
(1)  If an indictment contains a motion to order detention against the 
accused person or a motion to release him/her, the  Panel performing 
control over the indictment shall decide on it immediately or within 
48 hours at the latest.  
(2)  If the accused person is in detention and the indictment does not 
contain the motion to release him/her, the Panel referred to in 
paragraph 1 of this Article shall, by a virtue of an office, and within 
a term of three days from the day of the receipt of the indictment, 
examine whether grounds for detention still exist and render a ruling 
by which a detention shall be extended or vacated. An appeal 
against this ruling does not stay its execution. 
 
Serving an Indictment on the Accused Person 
Article 299 
(1)  The Panel shall have the indictment served on the accused 
person who is not detained without delay, and on the defendant who 
is in detention within a term of 24 hours from the confirmation of 
the indictment.  
(2)  If detention is ordered against an accused person by a ruling of 
the Panel (Article 298), the indictment shall be served on the 
accused person at the moment of his/her deprivation of liberty, 
together with the ruling ordering detention.  
 
 
 
 
 
 
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  137Chapter XX 
 
AGREEMENT ON THE ADMISSION OF GUILT 
 
Plea Bargaining  
Article 300 
(1)  In the case of criminal proceedings for a criminal offence or 
concurrence of criminal offences for which a prison sentence of up 
to 10 years is envisaged, the State Prosecutor or the accused person 
and his/her defense attorney may propose that an agreement on the 
admission of guilt be concluded.  
(2)  When the proposal referred to in paragraph 1 of this Article has 
been made, the parties and the defense attorney may negotiate the 
conditions of admitting guilt for the criminal offence or criminal 
offences with which the accused person is charged.  
(3)  The agreement on the admission of guilt shall be made in 
writing and must be signed by the parties and the defense attorney, 
and can be submitted not later than the first hearing for the main 
hearing before the first instance court. 
(4)  If an indictment has not been brought yet, the agreement on the 
admission of guilt shall be submitted to the Chair of the Panel 
referred to in Article 24 paragraph 7 of the present Code and after 
the indictment has been brought, it shall be submitted to the Chair of 
the Panel.  
 
Subject-matter of the Agreement on the Admission of Guilt 
Article 301 
(1) By way of an agreement on the admission of guilt, the accused 
person fully confesses to the criminal offence or concurrence of 
criminal offences s/he is charged with, whereas the accused person 
and the State Prosecutor agree on the following: 
           1) on the penalty and other criminal sanctions which will be 
imposed on the accused person in accordance with the provisions of 
the Criminal Code; 
           2) on the costs of the criminal proceedings and claims under 
property law; 
           3) on denouncing the right of appeal by the parties and 
defense attorney against the decision of the court made on the basis 
of the agreement on the admission of guilt when the court has fully 
accepted the agreement.   
(2) Agreement on the admission of guilt shall also contain an 
obligation of the accused person to return the property gain acquired 
by the commission of the criminal offense as well as objects that 
have to be forfeited under the Criminal Code within a certain time 
limit. 
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  138(3)  The accused person may undertake by means of the agreement 
on the admission of guilt to perform the obligations referred to in 
Article 272 paragraph 1 of the present Code, provided that the 
nature of the obligations is such that it allows the accused person to 
perform or start performing them before the submission of an 
agreement on the admission of guilt. 
 
Deliberation on the Agreement on the Admission of Guilt 
Article 302 
(1) The court shall decide by a ruling whether an agreement on the 
admission of guilt should be rejected, dismissed or accepted. 
(2) If an agreement on the admission of guilt has been submitted 
before an indictment has been brought, the Chair of the Panel 
referred to in Article 24 paragraph 6 of the present Code shall 
decide on it. In such a case, a special clause of the agreement shall 
contain all the information listed in Article 292 of the present Code. 
(3)  If an agreement has been submitted after the indictment has 
been brought, the Chair of the first instance panel shall decide on it.  
(4) The Chair of the Panel shall reject an agreement on the 
admission of guilt submitted after the expiry of the term specified in 
Article 300 paragraph 3 of the present Code. The decision on 
rejection shall not be appealable.  
(5) The court shall decide on the agreement on the admission of 
guilt without delay at a hearing attended by the State Prosecutor, 
accused person and his/her defense attorney, while the injured party 
and his/her proxy shall be  informed of the hearing. 
(6) Provisions of Art. 313 to 316 of the present Code shall apply 
on the holding of a hearing referred to in paragraph 5 of this 
Article. 
(7)  The court shall dismiss an agreement on the admission of guilt 
by way of ruling if the duly summoned accused person does not 
appear at the hearing. The ruling dismissing the agreement on the 
admission of guilt cannot be appealed. (8)  The court shall accept an 
agreement on the admission of guilt and render a decision which is 
in line with the contents of the agreement, if it establishes the 
following:  
1) that the accused person confessed to the criminal offence or 
offences s/he is charged with voluntarily and consciously, that 
the confession is in line with the evidence contained in the 
case files and that there is no possibility that the confession 
was made as a consequence of an error; 
2) that the agreement was concluded in accordance with Article 
300 paragraph 1 item 1 of the present Code; 
3) that the accused person understands the consequences of the 
agreement, and particularly that s/he waives the right to a trial 
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  139and that s/he may not file an appeal against the decision of the 
court rendered on the basis of the agreement;  
4) that the agreement does not violate the rights of the injured 
party.  
5) that the agreement is in line with the interests of fairness and 
the sanction serves the purpose for which criminal sanctions 
are imposed. 
(9) If one or more conditions referred to in paragraph 8 of this 
Article have not been met, the court shall dismiss the agreement on 
the admission of guilt by a ruling, and the admission of guilt 
contained in the agreement cannot be used as evidence in criminal 
proceedings. The agreement and all supporting files shall be 
destroyed by the Chair of the Panel, of which records shall be made. 
(10) The court shall enter into the record the decision accepting, 
rejecting or dismissing the agreement on the admission of guilt. The 
decision accepting the agreement on the admission of guilt may be 
appealed by the injured party, whereas the decision dismissing the 
agreement may be appealed by the State Prosecutor and by the 
accused person. 
(11) The Panel referred to in Article 24 paragraph 7 of the present 
Code shall decide on the appeal referred to in paragraph 10 of the 
present Article, not including the judge who rendered the decision 
referred to in paragraph 10 of this Article. 
 
Judgment Rendered on Basis of the Agreement on the 
Admission of Guilt 
Article 303 
(1) When a ruling on accepting an agreement on the admission of 
guilt becomes final, the Chair of the Panel shall, without delay, and 
not later than within three days, render a decision to the effect that 
the defendant is found guilty in accordance with the accepted 
agreement.  
(2)  The decision referred to in paragraph 1 of this Article shall be 
appealable insofar as it is not in accordance with the concluded 
agreement.  
 
V  THE MAIN HEARING AND JUDGMENT 
 
Chapter XXI 
PREPARATIONS FOR THE MAIN HEARING 
 
Scheduling of the Main Hearing 
Article 304 
(1)  The Chair of the Panel shall schedule the day, hour and place of 
the main hearing by an order. 
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  140(2)  The Chair of the Panel shall schedule the main hearing at the 
latest within a term of two months from the day the indictment was 
confirmed in the court. If within this term no main hearing is 
scheduled, the Chair of the Panel shall inform the President of the 
Court of the reasons thereof. The President of the Court shall 
undertake the measures to schedule the main hearing, as appropriate.  
(3)  If the Chair of the Panel establishes that the files contain records 
or information referred to in Article 211 of the present Code, s/he 
shall render a ruling on their exclusion from the files before the 
scheduling of the main hearing and when the ruling becomes final, 
s/he shall seal those information and records in a separate cover and 
hand them over to the investigating judge for the purpose of keeping 
them apart from other files.  
 
Preparatory Hearing for the Main Hearing 
Article 305 
(1)   If s/he deems it necessary for the purpose of determining the 
future course of the main hearing and planning as to which 
evidence, in what manner and at what time shall be presented at the 
main hearing, the Chair of the Panel shall, within the period of time 
specified in Article 304 paragraph 2 of the present Code, summon to 
a preparatory hearing the parties, defense attorney, injured party, 
proxy of the injured party, and, as needs be, an expert witness and 
other persons. 
(2)   At the hearing referred to in paragraph 1 of this Article, which 
is held without the presence of the public and of which records are 
made and signed by the parties and other persons present, the Chair 
of the Panel shall inform the participants of the future course of the 
main hearing and ask for their comments thereon and for their 
proposals as to evidence, and shall invite them to state whether they 
are available to appear at the main hearing at the time planned by 
the Chair of the Panel.  
(3)  At the hearing referred to in paragraph 1 of this Article the 
parties shall particularly be cautioned that they must, as a rule, make 
all evidentiary proposals at the preparatory hearing and that if they 
submit new proposals at the main hearing they shall justify in detail 
why they did not do so at the preparatory trial, as well as that the 
court shall reject such proposals unless the parties demonstrate that 
at the time of the preparatory hearing they did not know or could not 
have known of certain evidence or facts that should be proven. 
(4)   Persons referred to in paragraph 1 of this Article may at the 
preparatory hearing be orally informed as to the time of holding one 
or more planned hearings of the  main hearing,  which shall be 
entered in the records, in which case these persons shall be 
considered duly summoned to the main hearing.  
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  141(5)  If a preparatory hearing has been held, the period of time 
specified in Article 304 paragraph 2 of the present Code shall start 
to run after the completion of the preparatory hearing.  
 
Place of Holding the Main Hearing 
Article 306 
(1)  The main hearing shall be held in the seat of the court and in the 
courthouse. 
(2)  If in certain cases the premises of the courthouse are considered 
inappropriate for the main hearing, the President of the Court may 
order the main hearing to be held in another building. 
(3)  The main hearing may also be held in another location within 
the jurisdictional territory of the competent court, provided that the 
President of the Higher Court expresses his/her consent following a 
substantiated motion from the President of the Court.   
 
Summoning to the Main Hearing 
Article 307 
(1)  The defendant and his/her defense attorney, the Prosecutor and 
the injured party and their proxies and representatives as well as the 
interpreter shall be summoned to the main hearing. The proposed 
witnesses and the expert witnesses shall also be summoned to the 
main hearing, except those whose examination at the main hearing 
is considered to be unnecessary according to Chair of Panel’s 
opinion.  
(2)  With regard to the contents of the summons for the defendant 
and the witnesses, the provisions of Articles 164 and 112 of the 
present Code shall be applied. When defense is not mandatory, the 
defendant shall be instructed in a summons on his/her right to retain 
a defense attorney, as well as that the main hearing will not be 
deferred if the defense attorney fails to appear at the main hearing or 
if the defendant engages a defense attorney at the main hearing.    
(3) A summons shall be served on the defendant in such a manner 
that between the moment it was served and the day of the main 
hearing there is sufficient time to prepare a defense, but not less than 
eight days. Upon the request of the defendant or the Prosecutor, and 
with the consent of the defendant, this term may be shortened. 
(4)  The injured party who is not summoned to appear as a witness 
shall be informed in the summons that the main hearing shall be 
held in his/her absence and that his/her statement on a claim under 
property law shall be read. The injured party shall be cautioned that 
his/her failure to appear shall be considered as unwillingness to 
assume prosecution in the case where the State Prosecutor 
withdraws the charge.  
(5) The subsidiary prosecutor and the private prosecutor shall be 
cautioned in the summons that if they fail to appear at the main 
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  142hearing or fail to send their proxy they shall be deemed to have 
withdrawn the charge.  
(6) The defendant, the witness and expert witness shall be cautioned 
in the summons about the consequences of failure to appear at the 
main hearing (Articles 324 and 327).  
 
Obtaining New Evidence 
Article 308 
(1)  Even after the scheduling of the main hearing, the parties and 
the injured party may request that new witnesses or expert witnesses 
be summoned to the main hearing and that other new evidence be 
obtained. The parties must state in their substantiated request which 
facts are to be established and by which of presented evidence.  
(2)  The Chair of the Panel may order the obtaining of additional 
evidence for the main hearing even if there is no motion by the 
parties.  
(3)  The parties shall be informed of the decision ordering additional 
evidence to be obtained before the commencement of the main 
hearing.  
 
Assignment of Alternate Judges 
Article 309 
If the main hearing is expected to last for a longer period of time, 
the Chair of the Panel may request the President of the Court to 
assign one or two judges to attend the main hearing in order to 
replace members of the Panel in case of their inability to perform 
their duties.  
 
Examination of Witnesses and Expert Witnesses outside the 
Main Hearing 
Article 310 
(1)  If it is known that a witness or expert witness summoned to the 
main hearing but not yet examined will not be able to appear at the 
main hearing due to a long-term illness or some other impediments, 
s/he may be examined in the place where s/he resides. 
(2)  A witness or expert witness shall be examined and, when 
necessary, be sworn in by the Chair of the Panel or a judge who sits 
as a member of the Panel, or s/he shall be examined by the 
investigating judge of the court in whose jurisdictional territory the 
witness or expert witness resides.  
(3)  The parties and the injured party shall be notified about the time 
and place of the hearing if this is possible due to urgency of the 
proceedings. If the defendant has been put in detention, the Chair of 
the Panel shall decide on the need for his/her presence at the 
hearing. When the parties and the injured party are present at the 
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  143hearing they shall have the rights guaranteed in Article 282, 
paragraph 7 of the present Code.   
 
Postponement of the Main Hearing 
Article 311 
The Chair of the Panel may, for important reasons and upon the 
motion of the parties and defense attorney or by virtue of an office, 
postpone the main hearing by an order for up to 15  days. All 
summoned persons shall immediately be informed of the 
postponement.  
 
Withdrawal from Indictment before Commencement of the 
Main Hearing 
Article 312 
(1)  If the State Prosecutor withdraws from indictment before the 
commencement of the main hearing, the Chair of the Panel shall 
notify thereof all persons who were summoned to the main hearing. 
The injured party shall particularly be instructed of his/her right to 
assume the prosecution (Articles 59 and 61).  
(2)  If the injured party does not assume the prosecution, the Chair 
of the Panel shall discontinue the criminal proceedings by a ruling 
and shall serve it to the parties and the injured party.  
(3)  If an injured party acting as a prosecutor has withdrawn from 
prosecution before the beginning of the main hearing, the Chair of 
the Panel shall discontinue criminal proceedings and deliver a ruling 
to such effect to the parties and defense attorney.  
 
Chapter XXII 
THE MAIN HEARING 
 
1.  PUBLIC NATURE OF THE MAIN HEARING 
 
General Public 
Article 313 
(1)  The main hearing shall be open to the public.  
(2)  Only adults may attend the main hearing. 
(3) Persons attending the main hearing shall not carry arms or 
dangerous tools, except the guards of the accused person who may 
be armed.  
 
Exclusion of Public 
Article 314 
From the opening of the session to the conclusion of the main 
hearing, the Panel may at any time, by virtue of an office or on the 
motion of the parties but always after hearing their statements, 
exclude the public from the entire main hearing or any part of it, if 
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  144that is necessary for keeping information secret, protecting public 
order, preserving morality,  protecting the interests of a minor or 
protecting the personal or family life of the accused person or the 
injured party.  
 
Limited Exclusion of Public 
Article 315 
(1)  Exclusion of the public shall not relate to parties, the injured 
party, their representatives and the defense attorney. 
(2)  The Panel may grant permission that certain officials and 
scholars, and upon the request of the defendant, his/her spouse or 
close relatives or his/her extra-marital partner, attend the main 
hearing in camera.  
(3)  The Chair of the Panel shall admonish the persons attending a 
main hearing in camera  that they shall keep secret information 
learned at the main hearing, and that failure to do so constitutes a 
criminal offence.   
 
Ruling on the Exclusion of Public 
Article 316 
(1)  The Panel shall decide on the exclusion of the public by a ruling 
which shall be substantiated and publicly pronounced. 
(2)  The ruling on the exclusion of the public may be contested only 
in the appeal against the judgment.  
 
 
2.   DIRECTION OF THE MAIN HEARING 
 
Mandatory Presence at the Mean Hearing 
Article 317 
(1)  The President, members of the Panel, the court clerk and 
alternate judges shall sit continuously during the main hearing. 
(2)   It is the duty of the Chair of the Panel to ensure that the Panel is 
composed according to law and whether reasons exist for the 
disqualification of members of the Panel and the court clerk (Article 
38, Items 1 to 5).  
 
Direction of the Main Hearing 
Article 318 
(1)  The Chair of the Panel shall direct the main hearing, examine 
the defendant, witnesses and expert witnesses and  shall give the 
floor to the members of the Panel, the parties, the injured party, the 
proxies, the legal representatives, the defense attorney and expert 
witnesses.  
(2) The parties shall have the right to make objections during the 
presentment of evidence. 
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  145(3) The Chair of the Panel shall decide on the motions and 
objections of the parties if the Panel does not decide on them. 
(4) The Panel shall decide on a motion about which the parties 
dissent and about concurring motions of the parties which are not 
accepted by the Chair of the Panel. The Panel shall also decide on 
an objection to measures undertaken by the Chair of the Panel in 
directing the main hearing. 
(5)  The rulings of the Panel shall always be pronounced and entered 
in the records of the main hearing along with a short statement of 
reasons.  
(6)  It shall be the duty of the Chair of the Panel to take care that the 
case is thoroughly examined, that the truth is established and that 
everything is eliminated that prolongs the proceedings but does not 
serve to clarify the matter.  
 
Course of the Main Hearing and Alteration of the Regular 
Course of the Main Hearing 
Article 319 
The main hearing shall be carried out in the order prescribed in this 
Code, but the Panel may order that the regular course of the trial be 
altered due to special circumstances and particularly due to the 
number of defendants, the number of criminal offences and the 
range of evidence.  
 
Protection of Honor of the Court and Participants in the 
Proceedings 
Article 320 
(1)  The court shall protect its honor, the honor of the parties and 
other participants in the proceedings from an insult, threat and any 
other assault.  
(2)  It shall be the duty of the Chair of the Panel to take care of 
maintenance of order in the courtroom. S/He may order a search of 
persons attending the main hearing, and immediately after the 
opening of the session s/he may admonish the present persons to 
behave properly and not to disturb the functioning of the court.  
(3)  The Panel may order that all those attending the main hearing as 
an audience be removed from the courtroom if the measures for 
maintaining order prescribed by this Code have proven to be 
ineffective in ensuring that the main hearing is not disrupted.  
(4)  Visual and radio recording shall not be allowed at the main 
hearing unless approved so by the President of the Supreme Court 
for a particular trial. If recordings at the main hearing are approved, 
the Panel may for justified reasons order that certain parts of the 
main hearing not be recorded.    
 
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  146Maintenance of Order and Imposition of Punishment due to 
Disruption of Order and Procedural Discipline 
Article 321 
(1) If the defendant, defense attorney, the injured party, proxy, legal 
representative, witness, expert witness, interpreter or other person 
attending the main hearing disrupts order, insults the court, parties 
and other participants to the proceedings or fails to comply with the 
directions of the Chair of the Panel concerning the maintenance of 
order, the Chair of the Panel shall warn him/her. If such a warning 
fails to be successful, the Panel may order the defendant to be 
removed from the courtroom, while other persons may not only be 
removed but also punished by a fine in the amount not exceeding € 
1.000.   
(2)  By a decision of the Panel, the defendant may be removed from 
the courtroom for a certain period of time, and if s/he has already 
been examined at the main hearing, than for the whole presentation 
of evidence. Before the presentation of evidence is completed, the 
Chair of the Panel shall call in the defendant and inform him/her 
about the course of the main hearing. If the accused continues to 
disrupt order and offend the dignity of the court, the Panel may 
remove him/her again from the courtroom. In such a case, the main 
hearing shall be concluded in the absence of the defendant, and the 
judgment shall be communicated to him/her by the Chair of the 
Panel or by a judge, who is the member of the Panel, in the presence 
of the court clerk.  
(3)  The Panel may deny further defense or representation at the 
main hearing to a defense attorney or proxy who after being 
punished continues to disrupt order, and in such a case the party 
shall be called on to retain another defense attorney or proxy. If it is 
impossible for the defendant who has not been examined at the main 
hearing to do so, or if in the case of mandatory defense it is 
impossible for the court to assign a new defense attorney without 
prejudicing the defense, the main hearing shall be recessed or a 
continuance of the main hearing shall be ordered, and the defense 
attorney shall be ordered to pay expenses incurred due to the 
interruption or postponement of the main hearing. If the private 
prosecutor or subsidiary prosecutor do not retain another proxy, the 
Panel may decide to continue the main hearing in the absence of a 
proxy, if it establishes that this would not prejudice the interests of 
the person whom s/he represents. A ruling thereon shall be entered 
into the records along with the statement of reasons. An 
interlocutory appeal may not be filed against this ruling.  
(4)  If the court removes the subsidiary prosecutor or the private 
prosecutor or their legal representative from the courtroom, the main 
hearing shall continue in their absence, but the court shall instruct 
them that they may retain a proxy.  
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  147(5)  If the State Prosecutor or a person acting on his/her behalf 
disrupts order, the Chair of the Panel shall notify the competent 
State Prosecutor thereof, and s/he may recess the main hearing and 
request the competent State Prosecutor to appoint other person to 
represent the prosecution. 
(6)  After punishing an attorney who disrupts order, the court shall 
notify about that the Bar Chamber of which s/he is a member.   
(7)  A ruling imposing punishment is subject to an appellate review, 
but the Panel may revoke such a ruling.  
(8) Other decisions concerning the maintenance of order and the 
direction of  the main hearing are not subject to an appellate review.  
 
3.  PREREQUISITES FOR HOLDING A MAIN HEARING 
 
Opening of the Session 
Article 322 
The Chair of the Panel shall open the session and announce the case 
of the main hearing and the composition of the Panel. Thereafter, 
s/he shall determine whether all summoned persons have appeared, 
and if not, shall check whether the summons were duly served and 
whether those absent have justified their absence.  
 
Failure of the Prosecutor to Appear at the Main Hearing 
Article 323 
(1) If the State Prosecutor or person acting on his/her behalf fails to 
appear at the main hearing scheduled upon an indictment brought by 
the State Prosecutor, the court shall order a continuance. The Chair 
of the Panel shall inform the competent State Prosecutor thereof.  
(2)  If a subsidiary prosecutor or a private prosecutor fails to appear 
at the main hearing although duly summoned, and their proxy also 
fails to appear, the Panel shall discontinue the proceedings by a 
ruling. 
 
Failure of the Defendant to Appear at the Main Hearing and 
Trying in Absence 
Article 324 
(1)   If a duly summoned defendant fails to appear at the main 
hearing without justifying his/her absence, the Panel shall issue a 
warrant to bring him/her to the court by force. If bringing him/her 
cannot be effected immediately, the court shall decide not to hold 
the main hearing and that the accused be brought to the court by 
force for the next session. If the defendant  justifies his/her absence 
before being brought to the court, the Chair of the Panel shall revoke 
the warrant for apprehension. 
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  148(2)  The defendant may be tried in absence only if s/he is a fugitive 
or otherwise unavailable to public authorities and if especially 
important reasons exist for trying him/her, although s/he is absent. 
(3) Upon a motion of the State Prosecutor, the Panel shall render a 
ruling on the trial in absence of the defendant. The appeal shall not 
stay the execution of the ruling. 
 
Failure of a Defense Attorney to Appear 
Article 325 
(1)  If a duly summoned defense attorney fails to appear at the main 
hearing without informing the court of the reason for his/her 
absence as soon as s/he learns about it, or if the defense attorney 
leaves the session without authorization, the defendant shall be 
called on to immediately retain other defense attorney. If the 
defendant fails to do so, the Panel may decide to hold the main 
hearing without defense attorney if the defendant agrees with that. If 
in the case of mandatory defense the defendant cannot immediately 
retain another defense attorney, or if the court cannot appoint a 
defense attorney without prejudicing the defense, the court shall 
order a continuance of the main hearing.    
(2)  The Panel shall punish by a fine in the amount not exceeding € 
1000 a duly summoned defense attorney whose failure to appear 
causes a postponement of the main hearing and shall order him/her 
to bear the costs incurred by the postponement of the trial. A ruling 
thereon accompanied by a brief statement of reasons shall be 
entered into the trial records.   
 
Holding of the Main Hearing while Expecting Rendering of a 
Judgment Rejecting the Charge 
Article 326 
If, pursuant to the provisions of Articles 321, 324 and 325 of the 
present Code, conditions for a postponement of the main hearing 
exist due to the absence of the defendant or the defense attorney, the 
Panel may nevertheless decide to hold the main hearing if, 
according to the evidence in the file, it is obvious that a judgment 
rejecting the charge or a ruling referred to in Article 367 of the 
present Code shall be rendered. 
 
Failure of a Witness and an Expert Witness to Appear 
Article 327 
(1)  If a duly summoned witness or expert witness fails to appear 
without justified reasons, the Panel may issue a warrant to bring 
him/her immediately to the court by force.  
(2)  The main hearing may commence even in the absence of a 
summoned witness or expert witness, and in such a case, the Panel 
shall decide in the course of the trial whether the main hearing 
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  149should be recessed or deferred due to the absence of the witness or 
expert witness. 
(3)  The Panel may punish by a fine in the amount not exceeding € 
1.000 a duly summoned witness or expert witness who fails to 
justify his/her absence and it may order that s/he be brought in by 
force for the next session. The Panel may revoke its decision on 
punishment for a justifiable reason.  
 
4.  DEFERRAL AND RECESS OF THE MAIN HEARING 
 
Deferral 
Article 328 
(1)  Except for cases envisaged by this Code, the Panel shall render 
a ruling ordering a deferral of the main hearing if it is necessary to 
obtain new evidence or if the court determines in the course of the 
main hearing that the defendant, after committing the criminal 
offence, has been struck by a temporary mental disorder or if other 
obstacles to the successful completion of the main hearing exist.  
(2)  A ruling on the deferral of the main hearing shall, as a rule, state 
the date and hour of the resumption of the main hearing.  
(3) In the ruling referred to in paragraph 2 of this Article, the Panel 
may order evidence to be obtained which is likely to disappear over 
a lapse of time.  
(4) The ruling referred to in paragraph 2 of this Article is not subject 
to an appellate review.  
 
Holding the Main Hearing that Has Been Deferred 
Article 329 
(1)  When a deferral of main hearing is ordered, the main hearing 
must be resumed if the composition of the Panel has changed. 
(2) Upon hearing the parties as referred to in paragraph 1 of this 
Article, the Panel may decide that in such a case the witness or 
expert witness shall not repeat his/her testimony and that the crime 
scene investigation shall not be conducted anew, but rather the 
statements of witnesses and expert witnesses given at the previous 
main hearing be read or that the records on the crime scene 
investigation be read.  
(3)  If the main hearing for which a deferral is ordered is held before 
the same Panel, it shall be resumed and the President of the Panel 
shall summarize the course of the previous main hearing, but even 
in such a case the Panel may order that the main hearing 
recommence.  
(4)  If the postponement lasted more than three months, or if the 
main hearing is held before other Chair of the Panel, it shall be 
recommenced and all evidence shall be presented anew.  
 
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  150Recess of the Main Hearing 
Article 330 
(1)  Except for cases envisaged by this Code, the Chair of the Panel 
may order a recess of the main hearing for purposes of rest or at the 
end of the working day or to obtain certain evidence within a short 
period of time or for preparation of prosecution or defense. 
(2)  A recessed main hearing shall always continue before the same 
Panel. 
(3)  If the main hearing may not be resumed before the same Panel, 
or if a recess lasts for more than eight days, it shall be proceeded 
pursuant to the provisions of Article 329 of the present Code.  
 
5.  RECORDS OF THE MAIN HEARING 
 
Manner of Keeping the Records 
Article 331 
(1)  Records shall be kept of the main hearing and it shall contain an 
essential summary of the entire contents and course of the main 
hearing.  
(2) The Chair of the Panel may order for the entire course of the 
main hearing or some parts of it to be recorded stenograhically. The 
stenographic records shall be translated, reviewed and appended to 
the records within 48 hours.  
(3) Regarding audio or audiovisual recording of the course of the 
main hearing, the provisions of Article 212 of the present Code shall 
apply. 
(4) The Chair of the Panel may, upon a motion of the party or by 
virtue of an office, order that statements s/he considers particularly 
important be entered into the records verbatim.  
(5) If necessary, and especially if a statement is entered in the 
records verbatim, the Chair of the Panel may order that this part of 
the records be read aloud immediately, and it shall always be read if 
the party, defense attorney or the person whose statement is entered 
into the records so requires.  
 
Corrections and Insight into the Records 
Article 332 
(1)  The records shall be completed simultaneously with the closing 
of the session. The records shall be signed by the Chair of the Panel 
and the court clerk. 
(2)  The parties and the defense attorney are entitled to review the 
completed records and its appendices, to make remarks regarding 
the contents of it as well as to request a correction of the records. 
After the closing of the session, the parties and defense attorney are 
entitled to be provided with a copy of the records in an electronic or 
print form, if they require so.  
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  151(3)  Corrections of incorrectly written names, numbers and other 
obvious errors in writing may be ordered by the Chair of the Panel 
upon a motion of the parties or the person examined or by virtue of 
an office. Other corrections and supplements of the records may be 
ordered only by the Panel.  
(4)  Remarks and motions of the parties regarding the records, as 
well as corrections and supplements made to the records, shall be 
noted in the supplement to the records. The reasons for not 
sustaining certain motions and remarks shall also be noted in the 
supplement to the records. The Chair of the Panel and the court 
clerk shall sign the supplement to the records, as well.  
 
Contents of the Records 
Article 333 
(1)  The introduction to the records shall indicate the court before 
which the main hearing is being held, the time and place of the 
session, the name and surname of the Chair of the Panel, members 
of the Panel, court clerk, Prosecutor, defendant and defense 
attorney, injured party and his/her proxy or legal representative, 
interpreter, the criminal offence in consideration, and whether the 
main hearing is being held in public or in camera .  
(2)  The records shall contain in particular the data on the indictment 
which was read or orally presented at the main hearing and on 
whether the Prosecutor amended or extended the charge, what 
motions were filed by the parties, and what decisions were rendered 
by the Chair of the Panel or the Panel, the evidence presented, 
whether records or other briefs were read, whether audio or other 
recordings were reproduced and what remarks the parties made 
regarding the records or briefs read or the recordings reproduced. If 
the main hearing was held in camera , the records shall indicate that 
the Chair of the Panel cautioned those present of the consequences 
of unauthorized disclosure of the classified information they learned 
about at the main hearing.  
(3) The statements of the defendant, witness and expert witness shall 
be entered into the records in such a manner as to present their 
substantive content. These statements shall be entered in the records 
only if they contain changes or supplements to their previous 
statements. Upon a motion of a party and after the examination of 
these persons, the Chair of the Panel shall order the records of their 
previous statement to be read in part or in whole.  
(4)  Upon a motion of a party, the court shall enter into the records a 
question and an answer which the Panel rejected as impermissible.  
 
 
 
 
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  152The Pronouncement of the Judgment 
Article 334 
(1) The records shall state the entire pronouncement of the judgment 
referred to in Article 379, paragraphs 3, 4 and 5 of the present Code, 
along with a note on whether the decision was pronounced in public. 
The pronouncement of the judgment entered in the records of the 
main hearing is considered to be the original one.   
(2)  If the court renders a ruling on detention referred to in Article 
376) of the present Code, it shall be entered into the records of the 
main hearing as well.  
 
6.  COMMENCEMENT OF THE MAIN HEARING AND 
EXAMINATION OF THE DEFENDANT 
 
Entering of a Judge and a Panel into the Courtroom 
Article 335 
(1)  All present shall rise while a judge or a Panel is entering or 
leaving the courtroom.  
(2) The parties and other participants in the proceedings shall stand 
up when addressing the court, except if this is not possible for 
justifiable reasons or if the examination is differently arranged. 
 
Verifying the Identity of the Defendant and Giving Directions 
Article 336 
(1)  When the Chair of the Panel establishes that all summoned 
persons have appeared, or when the Panel decides to hold the main 
hearing in the absence of some of the summoned persons or when 
the Panel decides to postpone a decision on such issues, the Chair of 
the Panel shall call on the defendant to give his/her personal data 
referred to in Article 100, paragraph 1 of the present Code in order 
to determine his/her identity.  
(2)  After the identity of the defendant is verified, the Chair of the 
Panel shall direct the witnesses and the expert witnesses to 
designated places outside the courtroom where they shall wait until 
called upon to testify. If necessary, the Chair of the Panel may allow 
the expert witnesses to remain in the courtroom to observe the 
course of the main hearing.  
(3) If the injured party is present and has not submitted his/her claim 
under property law yet, the Chair of the Panel shall instruct him/her 
that s/he may file such a claim in the criminal proceedings and shall 
instruct him/her of the rights laid down in Article 58 of the present 
Code.  
(4)  If the subsidiary prosecutor or private prosecutor has to be 
examined as a witness they shall not be removed from the 
courtroom and shall be examined immediately after the defendant 
has been examined. 
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  153(5)  The Chair of the Panel may undertake measures necessary to 
prevent communication of the witnesses, expert witnesses, accused 
person, subsidiary prosecutor or private prosecutor with each other.  
 
Instructions to the Defendant and the Defense Attorney 
Article 337 
(1)  The Chair of the Panel shall admonish the defendant to follow 
the course of the main hearing carefully and shall instruct him/her 
that s/he may present the facts and propose evidence in his/her 
favor, put questions to co-defendants, witnesses and expert 
witnesses, give objections and explanations regarding their 
statements.   
(2)  The Chair of the Panel shall admonish the parties, the injured 
party, the proxy of the injured party and the defense attorney that 
they shall communicate their proposals as to what evidence should 
be presented immediately, and no later than the termination of the 
main hearing, and shall particularly admonish them of the provision 
of Article 399 of the present Code.  
 
Commencement of the Main Hearing and Reading of an 
Indictment 
Article 338 
(1) The main hearing shall commence with the reading of the 
indictment referred to in Article 292, paragraph 1, items 1, 2 and 3 
of the present Code or with the reading of a private complaint. 
(2) As a rule, the Prosecutor shall read the indictment and the 
private complaint, but the Chair of the Panel may instead orally 
present the contents of the indictment brought by the subsidiary 
prosecutor or the private complaint. The Prosecutor shall be allowed 
to add his/her statement to the presentation of the Chair of the Panel.   
(3)  If the injured party is present, s/he may give reasons for his/her 
claim under property law and if s/he is absent, his/her motion shall 
be read by the Chair of the Panel.  
 
Clarification of the Indictment and Statement of Guilt 
Article 339 
(1)  After the indictment or the private complaint is read or its 
contents are orally presented, the Chair of the Panel shall ask the 
defendant  if s/he understands the charge. If the Chair of the Panel is 
convinced that the defendant has not understood the charge, s/he 
shall present its contents to him/her once again in a manner that is 
the easiest for the defendant to understand.  
(2)  Thereafter, the Chair of the Panel shall call on the defendant to, 
if s/he wish, enter his/her plea on each account of the charge, to state 
whether s/he admits that s/he has committed the crime s/he is being 
charged with and whether s/he pleads guilty, and if s/he pleads 
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  154guilty to present all facts and if s/he pleads not guilty to present 
his/her defense.  
(3)  The defendant is not bound to enter his/her plea or to present 
his/her defense. 
(4)  Co-defendants who have not been examined cannot be present 
during the 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. 
  
Examination of the Defendant and Reading of a Previous 
Statement 
Article 341 
(1) With regards to the examination of the defendant at the main 
hearing, the general provisions regulating examination of the 
accused person referred to in Articles 100 to 106 of the present 
Code shall apply accordingly. 
(2)  If the defendant does not answer the questions at all or does not 
answer to a particular question, his/her previous statement or a part 
of it shall be read.  
(3) If the defendant departs from his/her earlier statement, the earlier 
statement shall be read to him/her and s/he shall be asked to give 
reasons for making a different statement  and, if needs be, the record 
of his/her earlier statement shall be read to him/her. 
(4) After the examination is completed, the Chair of the Panel shall 
ask the defendant whether s/he has anything else to add to his/her 
defense.  
 
 
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  155Putting Questions to the Defendant 
Article 342 
(1)  After the defendant has presented his/her defense, questions 
may be put to him/her. The Prosecutor shall put the questions first 
and then the defense attorney shall put his/her questions. After them 
the Chair of the Panel and the members of the Panel may put their 
questions to the defendant with view to eliminating voids, 
contradictions and incoherence in his/her statement. The injured 
party, his/her proxy or legal representative, co-defendant and expert 
witness may directly put questions to the defendant subject to prior 
approval of the Chair of the Panel. The questions to the defendant, 
in the same consecutive order referred to in paragraph 1 of this 
Article may be put several times.  
(2)  The Chair of the Panel shall forbid a question or an answer to a 
question already asked if it is considered impermissible (Article 
101) or if it is not related to the case. If the Chair of the Panel 
forbids that a certain question be asked or an answer be given, the 
parties may request the Panel to decide on it. 
 
Examination of Other Defendants and their Confrontation 
Article 343 
(1)  When the examination of the first defendant is completed, the 
court shall begin to examine subsequently the others, if any. After 
each examination, the Chair of the Panel shall inform the examined 
person of the statements given by the previously examined co-
defendants and ask him/her whether s/he has anything to comment. 
The defendant who was previously examined shall be asked by the 
Chair of the Panel whether s/he has any comment regarding the 
statements of the defendant subsequently examined. Each defendant 
is entitled to put questions to other examined co-defendants.  
(2)  If the statements of some of the co-defendants differ regarding 
the same event, the Chair of the Panel may confront the co-
defendants. 
 
Temporary Removal of the Defendant due to Refusal of Co-
defendant and Witnesses to Make their Statements 
Article 344 
Exceptionally, the Panel may decide that the defendant be 
temporarily removed from the courtroom if the co-defendant or 
witness refuses to give a statement in his/her presence or if the 
circumstances indicate that they would not tell the truth in the 
presence of the defendant. Upon the return of the defendant to the 
courtroom, the statement of the co-defendant or witness shall be 
read to him/her. The defendant has the right to put  questions to the 
co-defendant or witness and the Chair of the Panel shall ask him/her 
whether s/he has anything to comment regarding their statements.  
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  156 
Consultation of the Defendant with Defense Attorney 
Article 345 
In the course of the main hearing the defendant may consult with 
his/her defense attorney upon the approval of the President of the 
Panel. 
 
7.  EVIDENTIARY PROCEDURE 
 
Presentation of Evidence 
Article 346 
(1)  After the examination of the defendant, the proceedings shall be 
continued with the presentation of evidence. 
(2)  Presentation of evidence comprise all facts deemed by the court 
to be important for a correct adjudication. 
(3)  The evidence shall be examined in the order determined by the 
Chair of the Panel. As a rule, the evidence proposed by the 
Prosecutor shall be presented first, and thereafter the evidence 
proposed by the defense, and at the end the evidence for which the 
court by virtue of an office ordered to be presented. If the injured 
party who is present should testify in the capacity of a witness, 
his/her examination shall be carried out immediately after the 
examination of the defendant.  
(4)  Until the conclusion of the main hearing the parties and the 
injured party may propose that new facts be clarified and new 
evidence be obtained and they may repeat motions already rejected 
by the Chair of the Panel or the Panel.    
(5)  The Panel may decide to present the evidence that has not been 
proposed by a motion or if such a motion has been withdrawn.  
(6)  If a preparatory hearing was held (Article 305 of the present 
Code), the parties and other persons submitting proposals referred to 
in paragraph 3 of this Article shall act in accordance with Article 
304 paragraph 3 of the present Code, and if the conditions specified 
in that provision are not met, the Chair of the Panel shall refuse to 
allow presentation of the proposed evidence.  
 
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.   
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  157(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.  
 
Presentation of Findings and Opinions of Expert Witnesses and 
Duties of Expert Witnesses 
Article 349 
(1) Before an expert witness is examined, the Chair of the Panel 
shall admonish him/her to give his/her expert findings and opinion 
to the best of his/her knowledge and caution him/her that giving 
false expert findings and opinion constitutes a criminal offence. 
(2)  The Chair of the Panel may call on the expert witness to take an 
oath before his/her expert evaluation if s/he has not already given an 
oath, and if s/he has already taken such an oath, the Chair of the 
Panel may remind him/her of this oath. 
(3) The expert witness shall present orally at the main hearing 
his/her expert findings and opinion. If before the main hearing the 
exert witness has put his/her expert findings and opinion in writing, 
s/he may be allowed to read them aloud, in which case his/her 
written report shall be added to the records.  
(4) Instead of summoning the expert of the institution or body 
assigned to provide an expert evaluation, the Panel may decide that 
findings and opinion shall only be read if, because of the nature of 
expert evaluation a more complete elaboration of their written 
findings and opinion is not likely to be expected. If it is deemed that 
this is necessary due to other evidence that has been presented as 
well as to objections of the parties (Article 358), the Panel may 
subsequently decide to directly examine experts who gave their 
expert evaluation.  
 
Putting Questions to Witnesses and Expert Witnesses 
Article 350 
(1) After the witness or expert witness has been heard, the parties, 
Chair of the Panel and members of the Panel may put questions to 
him/her directly, in the consecutive order as determined in Article 
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  158342, paragraph 1 of the present Code. The injured party, proxy, legal 
representative and expert witnesses may ask questions directly, 
subject to the approval of the Chair of the Panel. 
(2) The Chair of the Panel shall forbid a question or reject the 
answer to the question that has already been asked if the question is 
impermissible (Article 101), or if it does not relate to the case. If the 
Chair of the Panel forbids a certain question or an answer, the 
parties may request that a decision on it is taken by the Panel.  
 
Alteration of Statements of Witnesses and Expert Witnesses and 
Presentation of Previously Given Statements 
Article 351 
If during a previous hearing the witness or expert witness stated the 
facts which s/he is not able to recall, or if s/he changes his/her 
previous statement, the previous statement shall be presented to 
him/her or s/he shall be warned of the variance and asked to explain 
why s/he is not making the same statement as previously and, if 
necessary, his/her previous statement or part of it shall be read. 
 
Releasing, Temporary Removing and Calling on of Witnesses 
and Expert Witnesses 
Article 352 
(1) Witnesses or expert witnesses who have been examined shall 
remain in the courtroom unless the Chair of the Panel, upon hearing 
the parties, releases them or order that they be temporarily removed 
from the courtroom. 
(2)  Upon a motion of the parties or by virtue of an office, the Chair 
of the Panel may order that the witnesses or expert witnesses who 
have been heard be removed from the courtroom and be called on 
later to be heard again in the presence or absence of other witnesses 
or expert witnesses.  
 
Examination of Witnesses and Expert Witnesses outside the 
Courtroom 
Article 353 
(1) If it becomes known at the main hearing that a summoned 
witness or expert witness is unable to appear before the court or that 
his/her appearance involves considerable difficulties, the Panel may, 
if it deems his/her statement to be important, order that s/he be 
examined by the Chair of the Panel or judge of the Panel out-of-the 
main hearing, or that the examination be conducted by an 
investigating judge of the court within whose jurisdictional territory 
the witness or expert witness resides.   
(2) If it is necessary to carry out a crime scene investigation or 
reconstruction out-of-main hearing, it shall be carried out by the 
Chair of the Panel or judge of the Panel.  
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  159(3)  The parties, defense attorney and the injured party shall always 
be informed when and where the witness shall be examined and the 
crime scene investigation or reconstruction be performed, and they 
shall be instructed of their right to attend these actions. If the 
defendant is in detention, the Panel shall decide whether his/her 
presence at these actions is needed. The parties and the injured party 
who are present at the performance of these actions shall be entitled 
to rights laid down in Article 282, paragraph 7 of the present Code.   
 
Evidentiary Actions Undertaken by the Investigating Judge 
Outside the Main Hearing 
Article 354 
(1) In the course of the main hearing and after the examination of 
the parties, the Panel may decide to request from an investigating 
judge to undertake specific actions necessary to clarify certain facts, 
if undertaking of these actions at the main hearing would be 
connected with a considerable delay of the proceedings or other 
considerable difficulties.  
(2) When the investigating judge acts upon a request referred to in 
paragraph 1 of this Article, the provisions related to evidentiary 
actions shall apply.  
 
Reading of Records of Evidentiary Actions Undertaken Outside 
the Main Hearing and Insight into Documents and Objects 
Which Serve as Evidence 
Article 355 
(1) The records of an out-of-main hearing crime scene investigation, 
of a search of a dwelling and a person and of seizure of objects, as 
well as documents, books, files and other briefs of evidentiary value 
shall be read at the main hearing in order to establish their contents, 
and if so decided by the Panel, their contents may be orally 
summarized. If possible, documents of evidentiary value shall be 
submitted in their original form. 
(2) Objects which may serve to clarify the subject matter shall be 
shown to the defendant in the course of the main hearing and if 
needed to the witnesses and expert witnesses. If identification of 
objects is to be carried out at the main hearing, it shall be proceeded 
pursuant to Article 115 of the present Code.    
 
Exceptions to the Immediate Presentation of Evidence 
Article 356 
(1) Except for cases specified in this Code, records containing the 
statements of witnesses, the co-defendants or already convicted 
participants in the criminal offence as well as records and other 
documents regarding expert witness findings and opinion may be 
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  160read, if ordered so by the decision of the Panel, only in the following 
cases: 
1) if the interrogated person has deceased, developed a 
disease of the mind or can not be found or if his/her appearance 
before the court is impossible or significantly complicated due to 
old age, illness or for other important reasons;  
         2) if the witnesses or expert witnesses refuse to testify at the 
main hearing without legal grounds; 
         3) if the parties consent to reading of the records of the 
previous hearing of the witnesses or the records of written findings 
and opinion of the expert witness; 
         4)  if the accused person avails of the right to remain silent 
during the main hearing, the Panel can decide that the record of 
his/her statement given in the investigation be read and used as 
evidence at the main hearing only if the accused person was 
cautioned as prescribed by Article 100 paragraph 2 of the present 
Code during his/her examination in the investigation, but the 
judgment may not be founded solely on this evidence.  
(2)  Exceptionally, after having heard the parties who do not consent 
thereto, the Panel may decide that the records of the examination of 
a witness or expert witness during a previous main hearing be read, 
although the period of time referred to in Article 329, paragraph 3 
has expired, provided that the Panel finds that in connection with 
other examined evidence it is necessary to learn of the contents of 
the records or written findings and opinion. After the records or 
written findings and opinion have been read and objections of the 
parties heard, the Panel shall, taking into account other examined 
evidence, decide whether to examine the witness or expert witness 
directly.    
(3) In the case referred to in paragraph 1 of this Article, an audio or 
audiovisual record of the examination shall always be reproduced if 
the examination was recorded in such a manner.  
(4) Records of the previous examination given by persons granted 
exemption from the duty to testify (Article 109) may not be read if 
those persons have not been summoned to the main hearing at all or 
if, before the first examination at the main hearing, they have 
availed themselves of their right to refuse to testify. After the 
presentation of evidence, the Panel shall decide that such records be 
excluded from the files and be kept separately (Article 211). The 
Panel shall proceed in the same way with respect to other records 
and information referred to in Article 211 of the present Code if a 
decision on their exclusion has not been previously rendered. An 
interlocutory appeal may be filed against the ruling of the exclusion 
of the records. After the ruling becomes final, the excluded records 
and information shall be sealed in a separate cover and handed over 
to the investigating judge to keep them apart from other files and 
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  161they may not be examined or used in the course of the proceedings. 
The exclusion of records and information must be performed before 
the file is submitted to the Higher Court upon an appeal filed against 
the judgment.  
(5)  The reasons for reading the records shall be stated in the records 
of the main hearing, and in the course of reading, it shall be stated 
whether the witness or expert witness has taken an oath. 
 
Reproduction and Tape Recorded Hearing 
Article 357 
In the cases referred to in Articles 341, 351 and 356 of the present 
Code as well as in other cases when necessary, the Panel may decide 
that besides reading the records at the main hearing, a tape recorded 
hearing be reproduced (Article 212) as well. 
 
Comments of the Parties and the Injured Party 
Article 358 
After having heard the testimony of each of the witnesses or expert 
witnesses and after having read each of the records or other 
documents , or reproduced an audio or audiovisual record, the Chair 
of the Panel shall ask the parties and the injured party if they have 
any comments to make. 
 
Motions to Supplement the Evidentiary Proceedings 
Article 359 
(1) After the evidence procedure is completed, the Chair of the 
Panel shall ask the parties and the injured party whether they have 
additional evidentiary motions.  
(2)  If nobody has additional evidentiary motions or if the motion is 
rejected and the Panel finds that the subject matter has been 
sufficiently clarified, the Chair of the Panel shall announce that the 
presentation of evidence is completed. 
 
Amendments of the Charge 
Article 360 
(1) If the evidence presented at the main hearing indicate that the 
factual situation as described in the indictment has changed, the 
prosecutor may orally amend the indictment at the main hearing or 
may propose a recess of the main hearing for the purpose of the 
preparation of a new indictment. 
(2)  In case a new indictment is brought, the court shall ensure that 
the accused person and defense attorney have enough time to 
prepare the defense, and if necessary, upon their request, in the case 
of amended charge, as well. 
(3)  If the Panel allows a recess of the main hearing for the purpose 
of the preparation of a new indictment, it shall set the deadline 
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  162within which the Prosecutor must bring a new indictment. A copy of 
the new indictment shall be served on the defendant, but no 
objection against this indictment is allowed. If the Prosecutor fails to 
submit the indictment within the term that is set, the Panel shall 
continue to conduct the main hearing on the grounds of the previous 
one.  
 
9.  CLOSING ARGUMENTS 
 
Sequence of Closing Arguments 
Article 361 
After the presentation of evidence is completed, the Chair of the 
Panel shall call on parties, the injured party and defense attorney to 
present their closing arguments. The Prosecutor presents his/her 
closing arguments first, followed by the injured party and his/her 
proxy if s/he has one, defense attorney and eventually the defendant.  
 
Closing Arguments of the Prosecutor 
Article 362 
(1)  In the closing arguments, the Prosecutor shall present his/her 
assessment of the evidence presented at the main hearing and 
thereafter shall present his/her conclusions about the facts relevant 
to the decision and his/her substantiated motion as to culpability of 
the defendant, the provisions of the Criminal Code and other statutes 
that should be applied, as well as the aggravating and mitigating 
circumstances which should be taken into account in sentencing.  
(2)  The Prosecutor shall propose the punishment in his/her closing 
arguments, and may also propose a judicial admonition or 
suspended sentence or security measures in accordance with the 
Criminal Code.  
 
Closing Arguments of the Injured Party 
Article 363 
The injured party or his/her proxy may in his/her closing arguments 
make a statement of reasons to support a claim under property law 
and point out the evidence regarding the culpability of the 
defendant. 
 
Closing Arguments of the Defense Attorney 
Article 364 
(1)  In their closing arguments, the defense attorney or the defendant 
personally shall present the defense and they may comment on the 
statements made by the Prosecutor, injured party and proxy of the 
injured party.  
(2) Following the defense attorney, the defendant is entitled to 
present his/her closing argument himself/herself, to state whether 
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  163s/he concurs with the defense presented by his/her defense attorney 
as well as to supplement it.  
(3)  The Prosecutor, injured party and proxy of the injured party are 
entitled to respond to the defense while the defense attorney or the 
defendant are entitled to comment on these responses.  
(4)  The defendant shall always have the last word. 
 
Closing Arguments and Procedural Discipline 
Article 365 
(1) There shall be no time limits of the closing arguments of the 
parties, the defense attorney, injured party and proxy of the injured 
party. 
(2) The Chair of the Panel may, upon previously issued warning, 
interrupt a person who in his/her closing argument offends public 
order and moral, or offends another person, repeats himself/herself, 
or elaborates on obviously irrelevant matters. The records of the 
main hearing must give information on the interruption of the 
closing argument and the reasons for it. 
(3) When more than one person represent the prosecution or more 
than one defense attorney represent the defense, closing arguments 
may not be repeated. The representative of the prosecution or 
defense shall by mutual agreement select the issues about which 
each shall speak. 
(4) After all the closing arguments are completed, the Chair of the 
Panel shall ask whether anyone wishes to make any further 
statement.  
 
Closing of the Main Hearing 
Article 366 
(1) If, after having heard closing arguments from the parties, 
defense attorney, injured party and proxy of the injured party, the 
Panel finds that no additional evidence need to be presented, the 
Chair of the Panel shall declare that the main hearing is closed. 
(2)  If the Panel decides that additional evidence is to be presented, 
the Panel shall continue the presentation of evidence and after it is 
completed it shall again proceed pursuant to Article 361 of the 
present Code. The Prosecutor, the injured party, proxy of the injured 
party, the defense attorney and the defendant may only supplement 
their closing arguments with regard to the evidence subsequently 
presented.  
(3)  After having declared the main hearing closed, the Panel shall 
retire for deliberation and voting for the purpose of reaching a 
judgment. 
 
 
 
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  16410.  DISMISSAL OF THE CHARGE 
Article 367 
In the course of the main hearing or after the closing of the main 
hearing, the Panel shall dismiss a charge by a ruling if it establishes: 
         1) that the court lacks subject matter jurisdiction, 
         2) that the proceedings are conducted without the request of 
the competent Prosecutor, or the approval of the competent state 
authority or that the competent state authority has withdrawn the 
approval given, 
          3) that there are other circumstances that temporarily bar 
prosecution.     
 
Chapter XXIII 
THE JUDGMENT 
 
1.  PRONOUNCEMENT OF THE JUDGMENT 
 
Pronouncement and Announcement of the Judgment 
Article 368 
(1) Unless the court in the course of deliberation decides that the 
main hearing should be reopened in order to supplement the 
proceedings or to clarify specific issues, it shall render a decision. 
(2)  The decision shall be pronounced and announced in the name of 
the Republic of Montenegro.  
 
Identity of the Judgment and Charges 
Article 369 
(1) The judgment shall refer only to the defendant and to the offence 
the defendant is charged with as specified in the indictment that has 
been brought, amended or extended at the main hearing. 
(2) The court shall not be bound by the Prosecutor’s legal 
qualification of the offence. 
 
Evidence Which Serve as Grounds for the Judgment 
Article 370 
(1)  The court shall ground its decision only on facts and evidence 
which were directly presented at the main hearing or which are 
contained in the records or other documents and which were read 
and presented at the main hearing in accordance with this Code.  
(2) The judgment may not be based exclusively on the statement 
of the witness that is obtained in the manner prescribed in Article 
262 of the present Code and read in line with Article 356 
paragraph 1 of the present Code.  
(3) The court shall conscientiously evaluate every item of 
evidence individually and its correspondence to the rest of 
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  165evidence and, based on such evaluation, it shall reach a 
conclusion on whether a certain fact has been proved.  
 
2.  TYPES OF JUDGMENTS 
 
Judgments  on the Merits and Procedural Judgments 
Article 371 
(1) The court shall render a decision by which the charge shall be 
rejected or the defendant acquitted of the charge or found guilty. 
(2) If the charge contains more than one criminal offence, the 
decision shall specify whether and for which offence the charge is 
rejected or whether and for which offence the defendant is acquitted 
or whether and for which offence the defendant is declared guilty.  
 
Judgment Rejecting the Charges 
Article 372 
The court shall render a decision rejecting the charges: 
        1) if the Prosecutor withdrew the charges in the course of the 
main hearing,  
        2) if the defendant has already been convicted or acquitted for 
the same offence by a final judgment, or the charge was rejected by 
a final judgment or if the proceedings against him/her was 
discontinued by a final ruling. 
        3) if the defendant has been exempted from prosecution by an 
amnesty or pardon, or if the period of limitation for the institution of 
prosecution has expired, or if there are other circumstances that 
permanently bar prosecution.  
 
Judgment Acquitting the Defendant 
Article 373 
The court shall render a decision of acquittal: 
         1) if the offence for which the defendant is charged with is not 
a criminal offence according to law,  
         2) if it has not been proven that the defendant committed the 
offence s/he is charged with.  
 
Judgment Declaring the Defendant Guilty 
Article 374 
(1)  In a decision declaring the defendant guilty the court shall state:  
        1) the offence for which the defendant is found guilty, along 
with a citation of the facts and circumstances that constitute the 
elements of the criminal offence and those on which the application 
of a particular provision of the Criminal Code depends,  
        2) the statutory title of the criminal offence and the provisions 
of the Criminal Code that were applied, 
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  166        3) the punishment to which the defendant is sentenced to or 
released from punishment under the provisions of the Criminal 
Code, 
        4) a decision on a suspended sentence,  
        5) a decision on security measures and forfeiture of property 
gain, 
        6) a decision crediting detention or time already served under 
an earlier sentence, as well as any other deprivation of liberty in 
connection with the criminal offence.  
        7) the decision on costs of the criminal proceedings and on the 
claim under property law. 
(2)  If the defendant has been fined, the judgment shall indicate the 
deadline for payment, or way to substitute the fine in case the 
defendant is not able to pay. 
 
3.  PRONOUNCEMENT OF JUDGMENT 
 
Time, Place and Manner of Announcement of the Judgment 
Article 375 
(1) After the court renders a decision, the Chair of the Panel shall 
announce it immediately. If the court is unable to render a decision 
on the same day the main hearing has been completed, it shall 
postpone the announcement of the decision for not more than three 
days and shall set the time and place of the announcement. If the 
decision is not announced within the term of three days from 
termination of the main hearing, the Chair of the Panel shall inform 
the President of the Court and state reasons thereof immediately 
after the term has expired.   
(2) The Chair of the Panel shall, in the presence of the parties, their 
proxies, legal representatives and defense attorney, read out the 
ordering part of the judgement in open court and briefly state the 
reasons for such a decision.   
(3) The decision shall be announced even if the party, proxy, legal 
representative or defense attorney is absent. If the defendant is 
absent, the Panel may order that s/he be orally informed of the 
judgment by the Chair of the Panel or that the decision only be 
served on him/her. 
(4)  If the main hearing was in camera , the decision shall always be 
read out in a public session. The Panel shall decide on whether the 
announcement of reasons of the decision shall be closed to the 
public. 
(5)  All those present shall stand to hear the reading of the judgment. 
  
 
 
 
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  167Detention after Announcement of the Judgment 
Article 376 
(1) When the court imposes a punishment of imprisonment for a 
term of less than five years, the Panel shall order detention to the 
defendant who is at liberty if the reasons referred to in Article 175, 
paragraph 1, items 1 and 3 of the present Code exist, and it shall do 
the same for the defendant who was imposed an imprisonment 
sentence of five years or a more serious one by a first instance court 
if grounds exist referred to in Article 175, paragraph 1, item 4. The 
Panel shall vacate detention of the defendant who is in detention if 
the reasons for which detention was ordered do not exist any longer. 
(2) The Panel shall always vacate detention and order that the 
defendant be released if s/he is acquitted, or the charge is rejected, 
or if s/he is pronounced guilty but released from punishment or if 
s/he is sentenced only to a fine, or community service or judicial 
admonition or suspended sentence is imposed or s/he has already 
served a sentence due to inclusion of the detention or other 
deprivation of liberty or the charge has been dismissed (Article 
367), save in the case of lack of the subject-matter jurisdiction.   
(3) After the announcement of a judgment and until it becomes 
final, the detention shall be ordered or vacated pursuant to the 
provision of paragraph 1 of this Article. The decision thereon shall 
be made by the Panel of the first instance court (Article 24, 
paragraph 7). 
(4) In the cases referred to in paragraphs 1 and 3 of this Article, 
before rendering a ruling by which a detention is ordered or vacated, 
the opinion of the State Prosecutor shall be obtained if the 
proceedings are conducted upon his/her request.  
(5)  If the defendant is already in detention and the Panel establishes 
that the grounds for which detention was ordered still exist, or that 
the grounds referred to in paragraph 1 of this Article exist, it shall 
render a separate ruling on extension of detention. The Panel shall 
render the separate ruling when it is necessary to order or vacate 
detention, as well. An appeal against the ruling does not stay its 
execution, and the court shall decide on the appeal within a term of 
three days.   
(6)  Detention ordered or extended pursuant to the paragraphs 1 to 5 
of this Article may last until a judgment becomes final, but at the 
longest until the term of the sentence imposed by the judgment at 
first instance expires.  
(7) Upon the request of the defendant, who is in detention after 
being sentenced to imprisonment, the Chair of the Panel may render 
a ruling on his/her transfer to the penitentiary institution even before 
the judgment becomes final. 
 
 
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  168Instructions on the Right to Appeal and Other Warnings 
Article 377 
(1)  After the judgment is pronounced, the Chair of the Panel shall 
inform the parties of their right to appeal and of their right to 
respond to an appeal. 
(2)  If the defendant has been given a suspended sentence, the Chair 
of the Panel shall admonish him/her of the meaning of a suspended 
sentence and on the conditions s/he has to adhere to.  
(3)  The Chair of the Panel shall admonish the parties that they have 
to report to the court any change of address until the proceedings are 
concluded. 
 
4.  WRITTEN PRODUCTION AND DELIVERY OF THE 
JUDGMENT 
 
Written Production of the Judgment and Persons to Whom It is 
Delivered 
Article 378 
(1) The pronounced judgment shall be issued in writing and 
dispatched within a month as of its announcement, and in 
complicated matters and as an exception, within two months. If the 
judgment is not prepared within these terms, the Chair of the Panel 
shall inform in writing the President of the Court as to why this has 
not been done. The President of the Court shall undertake measures 
in order to have a judgment written as soon as possible. 
(2)  The judgment shall be signed by the Chair of the Panel and the 
court clerk. 
(3) A certified copy of the judgment shall be delivered to the 
Prosecutor and pursuant to Article 195 of the present Code to the 
defendant and defense attorney. If the defendant is in detention, 
certified copies of the judgment shall be sent within terms specified 
in paragraph 1 of this Article.  
(4)  An instruction regarding the right to appeal shall be sent to the 
defendant, private prosecutor and subsidiary prosecutor. 
(5)  The court shall send a certified copy of the judgment along with 
an instruction on the right to appeal to the injured party if s/he is 
entitled to appeal, to the person who owns an article forfeited under 
the judgment and to the legal entity against which the forfeiture of 
property gain was pronounced. A copy of the judgment shall be sent 
to the injured party who is not entitled to appeal in the case referred 
to in Article 60, paragraph 2 of the present Code with an instruction 
on his/her right to petition for reinstatement to the status quo ante . 
The final judgment shall be sent to the injured party if so requested 
by him/her. 
(6) If, by application of the provisions for imposing aggregate 
sentence for criminal offences committed in concurrence, the court 
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  169imposes a sentence taking into account the decisions rendered by 
other courts, a certified copy of the final judgment shall be sent to 
these courts.  
 
Contents of the Judgment 
Article 379 
(1) A written copy of the judgment shall correspond fully to the 
judgment which is announced. The judgment shall be composed of 
the introduction, pronouncement and the statement of reasons.   
(2)  The introduction of the judgment shall contain: the coat of arms 
of Montenegro, the indication of the court, the statement that the 
judgment is pronounced in the name of the people of Montenegro, 
the first name and surname of the Chair and the members of the 
Panel as well as the name of the court clerk, the first name and 
surname of the defendant, the criminal offence s/he is charged with, 
whether s/he was present at the main hearing, the date of the main 
hearing, whether the main hearing was open to the public, the first 
name and surname of the Prosecutor, defense attorney, proxy and 
legal representative present at the main hearing and the date on 
which the pronounced judgment was announced. 
(3)  The pronouncement of the judgment shall contain the personal 
data of the defendant (Article 100, paragraph 1) and the decision 
declaring the defendant guilty of the offence s/he is charged with or 
acquitting him/her of the charge, or rejecting the charge against 
him/her. 
(4)  If the defendant is found guilty, the pronouncement of the 
judgment shall contain the necessary information referred to in 
Article 374 of the present Code, and if s/he is acquitted or the 
charge is rejected, it shall contain a description of the offence s/he 
was charged with and the decision on the costs of the criminal 
proceedings, as well as the decision on the claim under property law 
if such a claim was submitted.  
(5)  In the case of concurrence of criminal offences, the court shall 
indicate in the pronouncement the punishments imposed for each 
individual offence and afterwards the aggregate punishment 
imposed for all the offences committed in concurrence. 
(6)  The statement of the reasons of the judgment shall present the 
reasons for each count of the judgment. 
(7)  The court shall clearly and thoroughly indicate which facts and 
for what reasons are considered to be  proven or not proven, with 
special emphasis on the credibility of contradictory evidence, the 
reasons for which the motions of the parties were rejected, the 
reasons for its decision not to examine directly a witness or expert 
witness but to read the written testimony or expert witness findings 
(Article 356), the reasons for its decision on legal issues, especially 
in ascertaining whether the criminal offense was committed and 
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  170whether the accused was criminally responsible and in applying 
specific provisions of the Criminal Code to the defendant and to 
his/her act, and the reasons for referring the injured party to the civil 
proceedings.   
(8)  If the defendant has been sentenced to punishment, the 
statement of reasons shall indicate the circumstances the court 
considered in fashioning the punishment. With special emphasize 
the court shall indicate the reasons for its decision to impose more 
severe punishment than the punishment prescribed, or for the 
decision that the punishment be reduced or the defendant be 
released from punishment, or for the decision that suspended 
sentence, security measure or forfeiture of property gain be imposed 
or parole be revoked.   
(9)  If the defendant is acquitted, the statement of reasons shall 
particularly indicate the reasons for such a decision referred to in 
Article 373 of the present Code.   
(10) In the statement of reasons for a judgment rejecting the charge 
and in the statement of reasons for the ruling dismissing the charge, 
the court shall not assess the main issue, but shall restrict itself 
solely to the grounds for rejecting the charge or dismissing the 
charge.  
 
Corrections in the Judgment 
Article 380 
(1) Errors in names and numbers and other obvious errors in writing 
and arithmetic, formal defects and disagreements between the 
written copy of the judgment and the original judgment shall be 
corrected through a special ruling by the Chair of the Panel, on the 
motion of the parties or by virtue of an office. 
(2)  If there is a discrepancy between the written copy of the 
judgment and the original of the judgment with respect to data 
referred to in Article 374, paragraph 1, Items 1 to 5 and Item 7 of 
the present Code, the ruling on the correction shall be delivered to 
the persons referred to in Article 378 of the present Code. In that 
case, the period allowed for appeal shall commence from the date of 
delivery of the ruling against which no interlocutory appeal is 
allowed.  
 
 
 
 
 
 
 
 
 
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  171G.  PROCEEDINGS UPON LEGAL REMEDIES 
 
Chapter XXIV 
REGULAR LEGAL REMEDIES 
 
1.  APPEAL AGAINST FIRST INSTANCE JUDGMENT 
1)  Right to Appeal 
 
Right to Appeal and Deadline for Appeal 
Article 381 
(1) An appeal against the first instance judgment may be filed within 
15 days from the date when the copy of the decision was delivered. 
(2)  An appeal filed in due time by an authorized person shall stay 
the execution of the judgment. 
 
Entities of the Appeal 
Article 382 
(1)  An appeal may be filed by the parties, the defense attorney, the 
legal representative of the defendant and the injured party. 
(2)  The spouse of the defendant, direct relative in blood, adoptive 
parent, adopted child, brother, sister, foster parent and his/her extra 
marital partner may file an appeal to the benefit of the defendant. In 
this case, the period allowed for the appeal shall run from the day 
when the defendant or his/her defense attorney was delivered a copy 
of the judgment. 
(3)  The State Prosecutor may file an appeal to the benefit or to the 
prejudice of the defendant.  
(4)  The injured party may contest a judgment only regarding the 
court’s decision on the costs of the criminal proceedings, but if the 
State Prosecutor assumed the prosecution from the subsidiary 
prosecutor (Article 62, paragraph 2), or if the judgment acquitting 
the defendant is rendered, the injured party may file an appeal for all 
the reasons for which the judgment may be appealed (Article 385). 
(5)  An appeal may be filed by a person from whom the object or the 
property gain obtained by a criminal offence was forfeited.  
(6)  The defense attorney and persons referred to in paragraph 2 of 
this Article may file an appeal without the special authorization of 
the accused, but not against his/her will, except when the most 
severe punishment of imprisonment is imposed on the accused. 
 
Waiving and Abandoning an Appeal 
Article 383 
(1)  The defendant may waive the right to appeal only after the 
judgment was delivered to him/her. The defendant may waive 
his/her right to appeal even before that if the Prosecutor and the 
injured party who is entitled to appeal for all the reasons for which 
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  172the judgment may be appealed (Article 382, paragraph 4) waive 
their right to appeal, unless the defendant must serve a prison 
sentence. The defendant may abandon an appeal already filed until 
the decision of the second instance court is rendered. The defendant 
may also abandon an appeal filed by his/her defense attorney or the 
persons referred to in Article 382, paragraph 2 of the present Code.   
(2)  The Prosecutor and the injured party may waive the right to 
appeal from the moment the judgment is announced until the expiry 
of the term for filing an appeal and they may abandon an appeal that 
has already been filed until the decision of the second instance court 
is rendered.  
(3)  A waiver and abandonment of an appeal may not be revoked. 
(4) The defendant may not waive his/her right to appeal or abandon 
an appeal that has already filed if the most severe prison sentence 
was pronounced on him/her.  
(5) If the defendant, prosecutor and an injured party entitled to file 
an appeal for reasons that go beyond reimbursement of the trial 
costs have waived their right of appeal before a written judgment 
has been made, the justification of the decision shall not contain all 
the information specified in Article 379 paragraphs 6 to 8 of the 
present Code, but only a short statement of reasons which have led 
the court to impose a certain sanction or penalty.    
 
 
2)  Contents of an Appeal 
Contents of an Appeal and Removing Shortcomings of an 
Appeal 
Article 384 
(1)  An appeal shall contain: 
       1) the indication of the judgment the appeal has been filed 
against, 
       2) the ground for contesting the judgment (Article 385), 
       3) the reasons for the appeal, 
       4) the motion to vacate or revise the challenged judgment in 
whole or in part, 
       5) the signature of the appellant. 
(2) If the defendant or other person referred to in Article 382, 
paragraph 2 of the present Code files an appeal and the defendant 
does not have a defense attorney or if the appeal is filed by the 
injured party, subsidiary prosecutor and private prosecutor without a 
proxy, or the proxy is not from among the members of the Bar, and 
if the appeal is not composed pursuant to the provisions of 
paragraph 1 of this Article, the first instance court shall call on the 
appellant to supplement the appeal within a specified term with a 
written submission or orally on the records at that court. If the 
appellant fails to comply with such a summons, the court shall 
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  173dismiss the appeal if it does not contain the signature of the 
appellant, and if the appeal does not contain the indication of the 
judgment the appeal has been filed against, it shall be dismissed 
only if it cannot be established to which judgment it relates.   
(3) If the appeal is filed by the State Prosecutor, defense attorney or 
the injured party, injured party as a prosecutor or a private 
prosecutor who has a proxy and the appeal does not contain the 
information specified in paragraph 1 of this Article, the court shall 
dismiss the appeal.  
(4)  New facts and new evidence may be presented in the appeal, but 
appellant shall cite the reasons for failing to present them earlier. 
The defendant who has admitted the grounds for charge in whole 
(Article 340) may present in the appeal only the new facts and 
evidence that are relevant to the decision on the punishment. When 
pointing to new facts, the appellant shall present evidence 
supporting these facts, and when proposing new evidence, s/he shall 
state the facts to be proven by this evidence.  
 
3)  Grounds for Contesting the Judgment 
Article 385 
A judgment may be contested on the grounds of: 
      1) substantive violation of the criminal proceedings provisions, 
      2) violation of the Criminal Code, 
      3) the state of the facts being erroneously or incompletely 
established, 
      4) the decision on criminal sanctions, forfeiture of property gain, 
costs of criminal proceedings, claims under property law.  
 
Substantive Violation of the Criminal Proceedings 
Article 386 
(1) The following constitute a substantive violation of the provisions 
of criminal procedure: 
       1) if the court was improperly composed or if a judge who did 
not participate in the main hearing or who was disqualified by a 
final decision participated in rendering of a judgment;  
       2) if the main hearing was held in the absence of a person 
whose presence at the main hearing was mandatory under law ;   
       3) if the court violated the provisions of the criminal 
proceedings related as to whether a charge of an authorized 
prosecutor or the approval of competent authority existed,  
       4) if the decision was rendered by the court which could not 
have rendered the decision due to the lack of subject matter 
jurisdiction,  
       5) if the charge has been exceeded as referred to in Article 369, 
paragraph 1 of the present Code,  
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  174       6) if the judgment violates the provision of Article 400 of the 
present Code,  
       7) if the judgment is grounded on evidence on which according 
to this Code it cannot be grounded, unless it is obvious, with regard 
to other evidence, that the same decision could have been rendered 
without that evidence, 
       8) if the judgment is incomprehensible, internally contradictory 
or contradicted to the statement of reasons of the judgment, if the 
judgment failed to state any reasons or failed to state reasons 
relating to the relevant facts or if these reasons are entirely unclear 
or contradictory to a considerable degree or if there is a significant 
factual contradiction between what has been stated in the statement 
of reasons of the judgment on the contents of certain documents or 
records on statements made in the proceedings and the documents or 
records themselves.  
(2) There is also a substantive violation of the provisions of the 
criminal proceedings if the court, in the preparation of the main 
hearing or in the course of the main hearing or while rendering the 
decision fails to apply or incorrectly applies any of the provisions of 
the present Code, provided that this affected the lawful and proper 
rendering of the judgment.  
 
Violation of the Criminal Code 
Article 387 
The following points shall constitute a violation of the Criminal 
Code: 
        1) as to whether the act for which the accused is being 
prosecuted constitutes a criminal offense, 
        2) as to whether the circumstances exist that preclude criminal 
prosecution, and especially as to whether the statute of limitation on 
criminal prosecution applies, or as to whether prosecution is 
precluded because of amnesty or pardon, or as to whether the cause 
has already been decided by a final verdict,   
        3) if a law that could not be applied has been applied to the 
criminal offense that is the subject matter of the charge, 
        4) if the decision pronouncing the criminal sanction, forfeiture 
of property gain or revocation of suspended sentence, has exceeded 
the authority the court has under the law,  
        5) if provisions have been violated concerning the crediting of 
detention, time served and any other deprivation of liberty in 
connection with the criminal offence.   
 
 
 
 
 
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  175Erroneously or Incompletely Established Facts 
Article 388 
(1)  The judgment may be contested on the grounds of erroneous or 
incomplete establishment of facts when the court has established a 
relevant fact erroneously or has failed to establish such a fact at all.  
(2)  It shall be taken that the state of facts has been incompletely 
established when new facts or new evidence so indicate.    
 
Challenging a Judgment with Regard to Decision on Criminal 
Sanctions, Forfeiture of Property Gain, Costs of the Criminal 
Proceedings and the Claim under Property Law 
Article 389 
(1)  The judgment or the ruling on judicial admonition may be 
challenged with regard to a decision on punishment, suspended 
sentence or judicial admonition when the court, in rendering this 
decision, does not exceed its statutory power referred to in Article 
387, Item 4 of the present Code, but has improperly fashioned the 
punishment in view of the circumstances that had a bearing on 
greater or lesser punishment, or when the court has applied or failed 
to apply provisions relating to the mitigation of punishment, release 
from punishment, suspended sentence, revocation of a suspended 
sentence or to a judicial admonition, although grounds for it existed.  
(2)  A decision on a security measure or forfeiture of property gain 
may be contested even though there is no violation of law referred 
to in Article 387, Item 4 of the present Code, if the court rendered 
this decision incorrectly or did not order a security measure or the 
forfeiture of property gain although legal conditions for it existed.  
(3)  A decision on costs of the proceedings may be challenged when 
it is rendered incorrectly or in breach of statutory provisions.  
(4) A decision on the claim under property law may be contested if 
it has been rendered in breach of statutory provisions. 
 
4)  Appellate Proceedings 
Filing an Appeal 
Article 390 
(1)  An appeal shall be filed with the court which rendered the 
decision at first instance in a sufficient number of copies for the 
court, the opposing party and the defense attorney.  
(2)  A belated and impermissible appeal as referred to in Articles 
404 and 405 of the present Code shall be dismissed by a ruling of 
the Chair of the first instance Panel. 
 
 
 
 
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  176Response to an Appeal 
Article 391 
If the appeal has not been dismissed, the first instance court shall 
deliver a copy of the appeal to the opposing party in accordance 
with Articles 195 and 196 of the present Code who may within a 
term of eight days from receiving the copy submit a response to the 
court. The appeal and the response, together with all the files, shall 
be delivered by the first instance court to the second instance court.  
 
 
Proceeding Before a Second Instance Court 
Article 392 
(1)  When the file and an appeal reach the second instance court, the 
judge rapporteur is assigned immediately in the prescribed manner. 
If a criminal offence that is automatically prosecuted on the grounds 
of the charge brought by the State Prosecutor is involved, the judge 
rapporteur shall deliver the file to the State Prosecutor, who shall 
review it, submit his/her motion or declare that s/he shall submit the 
motion at the Panel session and return the file to the court without 
delay.  
(2) When the State Prosecutor returns the file, the Chair of the Panel 
shall schedule the session of the Panel and notify the State 
Prosecutor, accused person and his/her defense attorney thereof.  
(3) The judge rapporteur may, as appropriate, obtain a report on the 
violations of the criminal proceedings provisions from the first 
instance court, and may also, through the same court or through the 
investigating judge of the court in whose jurisdictional territory the 
action is to be undertaken, or in other way, check on the allegations 
stated in the appeal regarding new evidence and new facts or obtain 
necessary reports or files from other authorities or organizations.  
(4)  If the judge rapporteur establishes that the files contain records 
and information referred to in Article 211 of the present Code, s/he 
shall deliver the files to the first instance court before the session of 
the second instance Panel is held so that the Chair of the first 
instance Panel may render a ruling on their exclusion from the file, 
and when the ruling becomes final s/he shall seal them in a separate 
cover and hand them over to the investigating judge for the purpose 
of keeping them apart from other files.  
 
Session of the Panel 
Article 393 
(1) The defendant and his/her defense attorney, subsidiary 
prosecutor or private prosecutor who, within the term for appeal or 
for a reply to an appeal, requested that they be notified of the 
session or proposed that a hearing be held before the second 
instance court in accordance with Articles 395 of the present Code 
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  177shall be notified of the Panel  session.  The Chair of the Panel or the 
Panel may decide that the parties be notified of the Panel session, 
even if they have not so requested, or that a party who has not 
requested so, be notified of the Panel session if their presence would 
be beneficial to the clarification of the case. 
(2)  If the defendant who is in detention or serving a sentence is 
notified of the Panel session, the Chair of the Panel shall order that 
his/her presence be ensured.  
(3)  The session of the Panel shall begin with the report of the judge 
rapporteur on the facts of the case. The Panel may request from the 
parties present at the session necessary explanations as to allegations 
of the appeal. The parties may propose that certain files be read in 
order to supplement the report and may, subject to the approval of 
the Chair of the Panel, give necessary explanations of their positions 
stated in the appeal or the response to the appeal, without repeating 
contents of the report.   
(4)  The session may be held in the absence of the parties who were 
duly summoned. If the defendant did not report to the court changes 
of his/her temporary or permanent residence, the Panel session may 
be held although s/he was not informed of the session. 
(5)  The court may exclude or restrict the public from the session 
at which the parties are present in accordance with the conditions 
set forth in Articles 314 and 315 of the present Code .  
(6)  The records of the Panel session shall be enclosed to the files 
from the first and second instance court.  
(7)  The rulings referred to in Articles 404 and 405 of the present 
Code may be rendered even without the notification of the parties of 
the Panel session.  
 
Deciding at the Panel Session or at the Hearing 
Article 394 
(1) The second instance court shall render a decision either at the 
session of the Panel or at a hearing. 
(2) The second instance court shall decide at the session of the Panel 
whether to hold a hearing, unless otherwise regulated by this Code.  
 
Second Instance Hearing and Summoning of Certain Persons 
Article 395 
(1) A main hearing before a second instance court shall be held only 
if it is necessary to present new evidence or to repeat already 
presented evidence due to erroneous or incomplete establishment of 
the facts, and if there are justifiable reasons not to refer the case to 
the first instance court for a retrial.  
(2) The following persons shall be summoned for the hearing before 
a second instance court: the defendant and his/her defense attorney, 
the Prosecutor, the injured party, the proxies and legal 
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  178representatives of the injured party, the subsidiary prosecutor and 
private prosecutor, as well as those witnesses and expert witnesses 
the court decided to examine. 
(3)  If the defendant is in detention, the Chair of the second instance 
court Panel shall take necessary steps to ensure the accused is 
present at the hearing. 
(4) If the subsidiary prosecutor or the private prosecutor fails to 
appear at the hearing before the second instance court, the provision 
of Article 323, paragraph 2 of the present Code  shall not be applied. 
 
 
Sequence of Actions at a Hearing Before a Second Instance 
Court 
Article 396 
(1) A hearing before a second instance court shall begin with the 
report of the judge rapporteur, who shall present the facts of the case 
without expressing his/her opinion as to whether the appeal is 
founded.  
(2) Upon a motion or by virtue of an office, the judgment or part of 
the decision which the appeal pertains to shall be read out and, if 
appropriate, the records of the main hearing shall be read out as 
well.  
(3) After that, the appellant shall be called on to substantiate his/her 
appeal and then the opposing party shall be called on to reply to 
him/her. The defendant and his/her defense attorney shall always 
have the last word. 
(4)  The parties may present new evidence and facts at the hearing.   
(5) A Prosecutor may, with regard to the result of the hearing, 
withdraw the charge completely or partially or amend the charge to 
the benefit of the defendant. If the State Prosecutor completely 
withdraws the charge, the injured party is entitled to the rights set 
forth in Article 60 of the present Code.   
 
Relevant Application of the Provisions Governing Main Hearing 
to Proceedings before a Second Instance Court 
Article 397 
Unless otherwise provided by the provisions of Articles 395 and 396 
of the present Code, the provisions regulating the main hearing 
before a first instance court shall be applied accordingly to the 
hearing before a second instance court.  
 
 
 
 
 
 
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  1795)  Scope of Appellate Review of the First Instance Decision 
Scope of Reviewing the Judgment 
Article 398 
 
(1) A second instance court shall review the part of the decision 
contested by the appeal, but it shall always review by virtue of an 
office the following points: 
        1) as to whether there has been a violation of the provisions of 
the criminal proceedings set forth in Article 386, paragraph 1 of the 
present Code,   
         2) as to whether the Criminal Code has been violated to the 
detriment of the defendant as referred to in Article 387 of the 
present Code.  
(2) If an appeal filed to the benefit of the defendant does not contain 
the data referred to in Article 385 of the present Code and the 
statement of reasons of the appeal, the second instance court shall 
limit its review to the violations stated in paragraph 1, Items 1 and 2 
of this Article, and to the review of the decision on punishment, 
security measures and the forfeiture of property gain referred to in 
Article 389 of the present Code.  
 
Limitation on the Right to Invoke an Appellate Reason 
Article 399 
Reasons referred to in Article 388, paragraph 2 of the present Code 
can be invoked as grounds for an appeal only if the appellant 
establishes that at the time of the main hearing s/he did not know of 
the evidence on which his/her appeal is based or that s/he did 
propose that certain evidence be presented immediately upon 
learning of it at the main hearing but his/her proposal was rejected 
by the Chair of the Panel.  
 
Prohibition of Modification of the Judgment to the Prejudice of 
the Defendant 
Article 400 
If an appeal has been filed only in favor of the defendant the 
decision may not be modified to the detriment of the defendant with 
regard to a legal qualification of the criminal offence and criminal 
sanction.  
 
Extended Effect of an Appeal 
Article 401 
An appeal filed in favor of the defendant due to the state of the facts 
being erroneously or incompletely established or due to the violation 
of the Criminal Code shall be deemed to contain an appeal against 
the decision concerning the criminal sanction and forfeiture of the 
property gain referred to in Article 389  of the present Code.  
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  180 
Benefit of Coherence ( Beneficium Cohaesionis) 
Article 402 
If the second instance court, upon anybody’s appeal, finds that the 
grounds on which the decision was rendered in favor of the 
defendant, are also of benefit to any of the co-defendants who did 
not file an appeal or did not file an appeal along the same lines, it 
shall proceed by virtue of an office as if such an appeal has been 
filed. 
 
6)  Decisions of a Second Instance Court on the Appeal 
Article 403 
(1)  A second instance court may, at the session of the Panel or upon 
the hearing: 
1) dismiss an appeal as belated or inadmissible; 
2) reject an appeal as unfounded and confirm the first instance 
decision; 
3) vacate the first instance decision and remand the case to the first 
instance court for retrial; 
4) modify the first instance decision. 
(2)  The second instance court shall decide a single decision on all 
the appeals that have been filed against the same decision. 
 
Dismissal of a Belated Appeal 
Article 404 
A ruling shall be rendered to reject the appeal for being late if it is 
found that it was filed after the lawful date. 
 
Dismissal of an Inadmissible Appeal 
Article 405 
A ruling shall be rendered to reject the appeal as inadmissible if it is 
found that the appeal was filed by a person not authorized to file an 
appeal or a person who waived the right to appeal, or if it is found 
that the appeal was abandoned or if after the abandonment the 
appeal was filed again or the appeal is not allowed under the law. 
 
Rejection of an Appeal 
Article 406 
When it establishes that the grounds for an appeal and that the 
violations of law referred to in Article 398 , paragraph 1 of the 
present Code do not exist, the second instance court shall by a 
decision reject the appeal as unfounded and confirm the first 
instance decision.  
 
 
 
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  181Vacating the First Instance Decision and Remanding the Case 
for Retrial 
Article 407 
(1) A second instance court shall, when honoring an appeal or by 
virtue of an office, vacate the first instance decision by a ruling and 
remand the case for retrial if it establishes a substantial violation of 
provisions of the criminal proceedings, save in cases referred to in 
Article 409, paragraph 1 of the present Code or if it considers that, 
for reasons of the state of the facts being erroneously or 
incompletely established, a new main hearing should be held before 
the first instance court. 
(2) A second instance court may order that a new main hearing 
before the first instance court be held before a completely different 
Panel. 
(3) A second instance court may also partially revoke the first 
instance decision if the certain parts of the decision can be severed 
out without causing a detriment to a rightful decision. 
(4) If the defendant is in detention, a second instance court shall 
review whether the reasons for detention still exist and render a 
ruling on the extension or termination of detention. This ruling is 
not subject to an appellate review.  
(5) When a first instance judgment was overruled twice, the 
second instance court will render a judgment on its own, at a 
court session or after the held hearing. 
 
Other Decisions of the Second Instance Court 
Article 408 
(1) If a second instance court establishes that some of the reasons 
referred to in Article 367 of the present Code exist, it shall vacate 
the first instance decision by a ruling and dismiss the charge.  
(2) If, while reviewing an appeal, the second instance court 
establishes that it has subject matter jurisdiction over the case as a 
first instance court, it shall vacate the first instance decision, remand 
the case to its Panel and notify the first instance court thereof.  
(3)  If only an appeal in favor of the defendant has been filed, and if 
it is established that a Higher Court has jurisdiction over the case as 
a first instance court, the decision may not be vacated only for this 
reason.  
 
Revision of the First Instance Decision 
Article 409 
(1) A second instance court shall, when honoring an appeal or by 
virtue of an office, revise the first instance decision by a decision if 
it establishes that the decisive facts have been correctly ascertained 
in the first instance, and that in view of the state of the facts 
established, a different decision must be rendered when the law is 
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  182properly applied, and, according to the state of the facts, also in the 
case of violations referred to in Article 386, paragraph 1, Items 3, 5 
and 6 of the present Code.   
(2) If a second instance court establishes that legal conditions for 
imposing a judicial admonition are met, it shall revise the first 
instance decision by a ruling and impose a judicial admonition.  
(3) If, due to the revision of the first instance decision, conditions 
are met for ordering or termination of detention pursuant to Article 
175, paragraph 1 item 4  and Article 376 paragraph 2 of the present 
Code, the second instance court shall render a separate ruling 
thereon against which the appeal shall not be allowed.  
 
Statement of Reasons in a Second Instance Decision 
Article 410 
(1) In the statement of reasons in its decision or in its ruling, the 
second instance court shall assess the allegations in the appeal and 
cite the violations of law which it took into account. 
(2) When the first instance decision is vacated due to substantial 
violations of provisions of the criminal proceedings, the statement 
of reasons shall indicate which provisions have been violated and 
what these violations referred to in Article 386 consist of. 
(3) When the first instance decision is vacated for the reasons of the 
state of the facts being erroneously or incompletely established, the 
failures in establishing the state of the facts shall be stated as well as 
why new evidence and facts are important for rendering a correct 
decision, and omissions of the parties that influenced the first 
instance decision may also be indicated.  
 
Returning the Files to the First Instance Court 
Article 411 
(1) The second instance court shall return all files to the first 
instance court, together with sufficient number of copies of its 
decision required for delivery to the parties and other persons 
concerned.  
(2) The second instance court shall deliver its decision together with 
the files to the first instance court within a term of four months at 
the latest, and if the defendant is in detention, at the latest within a 
term of three months from the day it received the files from that 
court.  
 
Retrial before the First Instance Court 
Article 412 
(1)  The first instance court to which the case was remanded for trial 
shall proceed on the basis of the previous indictment.  If the first 
instance decision was partially vacated, the first instance court shall 
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  183proceed on the basis of the part of the indictment to which the 
vacated part of the decision relates.  
(2) At the retrial the parties may present new facts and new 
evidence.  
(3) The first instance court shall undertake all procedural actions 
and consider all disputed issues which were specified by the 
decision of the second instance court.  
(4) When rendering a new decision, the first instance court shall be 
bound by the prohibition referred to in Article 400 of the present 
Code.  
(5) If the defendant is in detention, the Panel of the first instance 
court shall proceed pursuant to the provision of Article 179, 
paragraph 2 of the present Code.   
 
2.  APPEAL AGAINST THE SECOND INSTANCE DECISION 
 
Appeal Filed with a Third Instance Judgment 
Article 413 
(1)  An appeal may be filed against the decision of a second instance 
court with a third instance court only in the following cases: 
        1) if the second instance court has imposed the most severe 
punishment of imprisonment or if it has confirmed the first instance 
decision that imposed such a punishment,  
        2) if the second instance court, upon conducting the main 
hearing, has established the state of facts differently from the first 
instance court and has based its decision on the newly established 
state of the facts,  
        3) if the second instance court has revised the decision of 
acquittal rendered by the first instance court and rendered a decision 
declaring the defendant guilty. 
(2)  A third instance court shall decide on the appeal filed against 
the second instance decision pursuant to the provisions of the 
present Code regulating the second instance proceedings. 
(3)  Provisions of Article 402 of the present Code shall be applied to 
the co-defendant who was not entitled to file an appeal or did not 
file an appeal against the second instance decision.  
 
3.   AN APPEAL AGAINST THE RULING 
 
Admissibility of the Appeal against a Ruling 
Article 414 
(1)   Parties and persons whose rights have been violated may file an 
appeal against a ruling of the investigating judge and against other 
rulings of the first instance court, unless the appeal is explicitly 
declared to be inadmissible by this Code.   
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  184(2)  Unless otherwise prescribed by this Code, rulings rendered by 
the Panel prior to and in the course of the investigation are not 
subject to an appellate review. 
(3) The investigating judge shall decide on appeals against the 
rulings of the State Prosecutor, if otherwise not provided by this 
Code.    
(4) Rulings rendered for the purpose of preparing the main hearing 
and the decision may be contested solely in an appeal against the 
decision. 
(5) Rulings rendered by the Supreme Court are not subject to an 
appellate review. 
 
General Deadline for Filing an Appeal 
Article 415 
(1)  An appeal shall be filed with the court that rendered the ruling. 
(2) Unless this Code stipulates otherwise, an appeal against the 
decision shall be filed within three days from the day the ruling was 
delivered. 
 
Stay of Execution of a Ruling 
Article 416 
Unless otherwise prescribed by this Code, an appeal taken against a 
ruling shall stay the execution of the ruling. 
 
Deciding on an Appeal against a Ruling 
Article 417 
(1) Unless otherwise prescribed by this Code, the second instance 
court shall decide at a session of the Panel on an appeal against a 
ruling of the first instance court. 
(2) Unless otherwise prescribed by this Code, an appeal against the 
ruling of an investigating judge shall be decided by the Panel 
referred to in Article 24, paragraph 7 of the present Code. 
(3)  When deciding on an appeal, the court may, by a ruling, dismiss 
the appeal as belated or inadmissible or reject the appeal as 
unfounded or may honor the appeal and revise or vacate the ruling 
and, if necessary, remand the case for retrial. 
 (4)  When reviewing an appeal, the court shall by virtue of an office 
establish whether the first instance court had subject matter 
jurisdiction or whether the ruling was rendered by an authorized 
authority.  
 
Appropriate Application of Other Provisions 
Article 418 
(1)  The provisions of Articles 382, 384, 390 and 392, paragraphs 1, 
3 and 4 and Articles 400 and 402 of the present Code shall apply 
accordingly to the proceedings on an appeal against a ruling. 
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  185(2)  If an appeal is filed against the ruling referred to in Article 471 
of the present Code, the State Prosecutor shall be notified of the 
Panel’s session while other persons shall be notified  under the 
conditions referred to in Article 393 of the present Code.  
(3)  Unless otherwise prescribed by this Code, the court shall deliver 
its decision on the appeal together with the files to the court that 
rendered the ruling at the latest within one month from the day it 
received the files from that court.  
 
Appropriate Application of the Provisions of the present Code 
Article 419 
Unless otherwise prescribed by this Code, the provisions of Articles 
414 and 418 of the present Code shall be applied accordingly to all 
other rulings rendered pursuant to this Code.  
 
Chapter XXV 
EXTRAORDINARY LEGAL REMEDIES 
 
1. REOPENING OF CRIMINAL PROCEEDINGS 
 
General provision 
Article 420 
A criminal proceeding that was completed with a final ruling or 
final judgement may be repeated at the petition of an authorized 
person only in cases and under the conditions provided by this 
Code.  
 
Reversing a  Judgement without a New Trial  
(Quasi Criminal Rehearing) 
Article  421 
(1) A final judgment may be reversed without a criminal 
rehearing, if: 
1) in two or more judgements against the same sentenced 
person, a number of sentences were imposed with final force and 
effect, without having applied provisions on fixing a single 
sentence for concurrent criminal offences; 
2) while imposing a single sentence, by means of applying 
provision on concurrent criminal offences, the sentence already 
covered in the sentence imposed on basis of provisions on 
concurrent criminal offences in a previous judgement was 
considered as determined; 
3) the final judgement imposing a single sentence for 
several criminal offences could partly not be enforced due to 
amnesty, pardon or for other reasons. 
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  186(2) In case referred to in paragraph 1, item 1 of this Article, the 
court shall reverse the previous judgements by means of a new 
judgement as regards the decisions on the sentence and impose a 
single sentence. For the adoption of a new judgement, a first 
instance court shall be competent that has adjudicated in the 
matter in which the most severe type of sentence was imposed, 
and in congenial sentences – the court that has imposed the 
highest sentence, and if the sentences are equal – the court which 
was the last to impose a sentence. 
(3) In case refererred to in paragraph 1, item 2 of this Article, a 
court shall reverse its judgment if it has wrongfully considered 
the sentence already included in a previous judgement while 
imposing a single sentence. 
(4) In case refererred to in paragraph 1, item 3 of this Article, a 
court that has adjudicated in the first instance shall reverse its 
previous judgment and impose a new sentence or it shall 
establish how much of the sentence imposed by means of a 
previous judgment is to be enforced. 
(5) A new judgement shall be rendered by the court sitting in a 
Panel, at the motion of the State Prosecutor or of the sentenced 
person, after the opposing party has been heard. 
(6) In case referred to in paragraph 1, items 1 and 2 of this 
Article, if judgements of other courts were considered while 
imposing a sentence, a certified copy of the new final judgement 
shall be delivered to those courts as well. 
 
Resuming Proceedings 
Article 422 
(1) If the indictment was dismissed due to the lack of an 
authorized prosecutor’s request or a required approval of a state 
authority or some other circumstances existed which temporarily 
precluded the Prosecutor, criminal proceedings shall be resumed 
as soon as the reasons for rendering the afore noted decision 
cease to exist.   
(2) If the indictment was dismissed by a final ruling  in line with 
Article 367, paragraph 1, item 1 of the present Code because the 
court lacked subject-matter jurisdiction, the proceedings shall be 
resumed before the competent Court upon the request of an 
authorized prosecutor. 
 
Reopening of the Proceedings Completed by the Ruling 
Article 423 
(1) If, besides the cases defined in Article 422 of the present 
Code, the criminal proceedings were suspended by final ruling 
during the investigation or prior to the commencement of the 
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  187trial, the reopening of the criminal proceedings may be granted 
in line with Article 428, paragraph 3 of the present Code if new 
evidence is submitted on the basis of which the court may 
establish that the conditions are met for the reopening of the 
criminal proceedings. 
(2) The criminal proceedings suspended by a final ruling prior to 
commencement of the trial may be reopened when the State 
Prosecutor waives the Prosecutor, and the injured party has not 
assumed Prosecutor, if it is proven that the waiver resulted from 
the criminal offence of misuse of power by the State Prosecutor. 
With regards to proving the criminal offence by the State 
Prosecutor provisions of Article 424, paragraph 2 of the present 
Code, shall be applied. 
(3) If the proceedings are suspended because the subsidiary 
Prosecutor waived the Prosecutor, or it is considered pursuant to 
this Code that the subsidiary Prosecutor has waived the 
Prosecutor, the injured party as a subsidiary Prosecutor cannot 
request the reopening of the proceedings.   
 
Reopening of the Proceedings in Favour of the Accused Person 
Article 424 
(1) The criminal proceedings completed by a final judgment may 
be reopened in favour of the accused person if:  
1) the decision is based on a false document or false 
testimony of a witness, expert witness or interpreter, 
2) the decision resulted from a criminal offence committed 
by the judge or person who undertook evidentiary actions, 
3) if new facts or new evidence are presented which on their 
own or in relation to previous evidence appear likely to bring 
about the acquittal of the person who was convicted or to his/her 
conviction on the basis of a less severe criminal law, 
4) if a person was tried more than once for the same 
criminal offence or if more than one person was convicted of the 
criminal offence which could have been committed only by one 
person or by some of them,    
5) if, in the case of a conviction for a continuing criminal 
offence or any other offence which under law includes several 
acts of the same kind or several acts of a different kind, new 
facts or new evidence are presented indicating that the convicted 
person did not commit an act covered by the adjudicated offence, 
provided that these facts are likely to lead to the application of a 
less severe law or are likely to affect substantially the fixing of 
punishment,    
6) if the European Court of Human Rights or another court 
established by  a ratified international treaty finds that human 
rights and freedoms have been violated in the course of the 
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  188criminal proceedings and that the judgment is based on such 
violations, provided that the reopening of the proceedings can 
remedy such violation,  
(2) In the cases referred to in paragraph 1, Items 1 and 2 of this 
Article, it must be proven by a final judgment that the 
abovementioned persons were found guilty of the cited criminal 
offences. If the proceedings against these persons cannot be 
conducted due to their death or circumstances barring 
prosecution, the facts under paragraph 1, items 1 and 2 of this 
Article, may be established by presenting other evidence as well.  
 
Reopening of the Proceedings to the Detriment of the Accused 
Person 
Article 425 
(1) The criminal proceedings completed by a final judgment may 
be reopened to the detriment of the accused person  if: 
1) it is proven that the decision resulted from the criminal 
offence committed by the judge, or person who undertook 
evidentiary  actions, 
2) the decision dismissing the charge was rendered because 
the State Prosecutor waived the prosecution, and it is proven that 
this waiver resulted from the criminal offence of misuse of power 
by the State Prosecutor, 
3) new facts are presented or evidence submitted, which 
alone, or in relation to the previous evidence, can bring about the 
conviction of the acquitted person or the  punishment of the 
convicted person under more severe criminal law,   
(2) Reopening of the criminal procedure to the detriment of the 
acquitted or convicted person shall not be allowed if more than 
six months have passed from the day when the Prosecutor 
learned the new facts or received the new evidence. 
 
Persons Entitled to Submit a Request for Reopening of 
Criminal Proceedings  
Article 426 
(1) A request for the reopening of criminal proceedings may be 
submitted by the parties and defense attorney and, after the death 
of the convicted person, in his favor, by the State Prosecutor and 
the persons referred to in Article 382, paragraph 2 of the present 
Code. 
(2) The request for the reopening of the criminal proceedings to 
the benefit of the accused person may also be submitted after the 
convicted person has served a sentence, notwithstanding the 
statute of limitation, amnesty or pardon. 
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  189(3) If the court competent to decide on the reopening of the 
criminal proceedings referred to in Article 427 of the present 
Code  learns that reason for the reopening of the criminal 
proceedings exists, it shall notify the convicted person or person 
entitled to submit a request in favor of the convicted person 
thereon.  
 
Contents of Request and the court Competent to Decide on the 
Request  
Article 427 
(1) The Panel (Article 24, paragraph 6) of the court that tried the 
case at first instance in the previous proceedings shall decide on 
the request for the reopening of the criminal proceedings. 
(2) The request shall state the legal grounds on which the 
reopening of the trial is sought and what evidence substantiate 
the facts on which the request is founded. If the request fails to 
contain this information, the court shall call on the person who 
submitted the request to supplement his request within a specified 
term. 
(3) If possible, a judge who participated in rendering the decision 
in the previous proceedings shall not sit as a member of the Panel  
that decides on the request.  
 
Deciding on a Request for Reopening of Criminal Proceedings 
Article 428 
(1) The court shall dismiss a request by a ruling if it determines 
on the basis of the request itself and the file of the previous 
proceedings that the request was submitted by an unauthorized 
person, or that there are no legal grounds for reopening of the 
proceedings, or that the facts and evidence on which the request 
is founded have already been presented in a previous request for 
retrial which was rejected by a final Court’s ruling, or that the 
facts and evidence presented are clearly inadequate to allow for 
the reopening, or that the person submitting the request did not 
proceed in accordance with Article 427, paragraph 2 of the 
present Code. 
(2) If the court does not dismiss the request, it shall serve a copy 
of the request to the opposing party who is entitled to reply to the 
request within a term of eight days. Upon receipt of the reply or 
when the term for the reply expires, the Chair of the Panel shall 
order that facts be clarified and evidence be obtained that were 
called upon in the request and the reply thereto. 
(3) After the clarification of facts and obtaining the evidence 
referred to in paragraph 2 of this Article, the court will decide 
immediately by a ruling on the request to reopen the proceedings 
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  190pursuant to Article 423 of the present Code. In other cases, in 
regard with the criminal offences that are automatically 
prosecuted, the Chair of the Panel shall order that the file be 
delivered to the State Prosecutor, who shall return the file with 
his opinion without delay or within a term of one month at the 
latest. 
 
Permission to Reopen the Proceedings 
Article 429 
(1) When the State Prosecutor returns the files, the court shall, 
unless it orders that the clarification of facts and the obtaining of 
evidence referred to in Article 428, paragraph 2 of the present 
Code be supplemented, either accept the request for the 
reopening of criminal proceedings or reject the request. 
(2) If the court establishes that the reasons for which it allowed 
the reopening of the proceedings also exist for other co-accused 
who did not submit the request, it shall proceed by virtue of 
office as if such a request exists. 
(3) In the ruling granting the reopening of the criminal 
proceedings, the court shall decide that a new main hearing be 
scheduled immediately, or that the case be referred back for 
investigation, or it shall order that an investigation be conducted 
if there was no investigation before. 
(4) If the request to reopen a criminal proceedings has been filed on 
behalf of a convicted person, and the court deems in view of the 
evidence submitted that in the reopened proceedings the convicted 
person may receive such a punishment that would call for his/her 
release once time already served had been credited, or that s/he 
might be acquitted of the charge, or that the charge might be 
rejected, it shall order that execution of the decision be postponed or 
terminated.  
(5) When a ruling granting retrial becomes final, the execution of 
the punishment shall be stayed, but the court shall, upon the 
motion of the State Prosecutor, order detention if the conditions 
referred to in Article 175 of the present Code exist. 
 
Rules of the Reopened Proceedings 
Article 430 
(1) The new proceedings conducted on basis of a ruling granting the 
criminal rehearing shall be conducted in accordance with the same 
provisions of the law that have been applied in the previously 
completed procedure with final force and effect. In the course of the 
new proceedings, the court shall not be bound by rulings rendered in 
the previous proceedings.  
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  191(2) If the new proceedings are discontinued before the beginning of 
the trial, the court shall vacate the previous decision by a ruling 
discontinuing the proceedings.   
(3) When the court renders a decision in a new proceedings, it shall 
pronounce that the previous decision is partially or entirely revoked 
or that it remains in force.  When fixing the punishment pronounced 
in the new decision, the court shall make allowance for time served 
under the earlier sentence and if the reopening was permitted only 
for some of the offences for which the accused person was 
convicted, the court shall pronounce a new aggregate sentence 
pursuant to the provisions of the Criminal Code.   
(4) If the request for the reopening of the proceedings is 
submitted in favor of the convicted person, in the new 
proceedings, the court shall be bound by the prohibition referred 
to in Article 400 of the present Code. 
 
New Trial in Cases the Trial was Conducted in the Accused 
Person’s Absence  
Article 431 
(1) The criminal proceedings within which a person has been 
convicted while absent, pursuant to Article 324, paras. 2 and 3 of the 
present Code, shall be reopened notwithstanding the requirements 
prescribed by Article 424 of the present Code if:  
1) the convicted person and his/her defense attorney submit a 
request for the reopening of the proceedings within six months from 
the day the conditions are met for trial in the presence of the 
convicted person or  
2) a foreign state approves the issuance of the request 
provided the proceedings is reopened.  
(2) Upon the expiry of the term referred to in paragraph 1, item 1 of 
this Article, the reopening of the proceedings shall be granted solely 
under the conditions referred to in Art. 424 and 426 of the present 
Code. 
(3) Within the ruling granting the reopening of criminal proceedings 
in cases referred to in paragraph 1 of this Article, the court shall 
order that the indictment be served to the convicted person in case it 
has not been served before, or the court may order the case to be 
remanded for further inquiry, or to conduct investigation in case it 
has not been conducted. 
(4) When rendering a new decision, in cases referred to in paragraph 
1 of this Article, the court shall be bound to proceed pursuant to the 
prohibition referred to in Article 400 of the present Code.  
 
 
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  192Relevant Application 
Article 432 
The provisions of the present Code referring to the criminal 
rehearing shall be applied accordingly also in the case where a 
request is submitted to alter a final judicial decision based on a law 
or other regulation which has ceased to be valid on basis of a 
decision of the Constitutional Court of Montenegro (hereinafter: 
Constitutional Court).  
 
2. EXTRAORDINARY MITIGATION OF PUNISHMENT 
Permissibility of Request 
Article 433 
Mitigation of a punishment pronounced by a final judgment which 
has not been executed or served, shall be permitted when, after the 
decision becomes final, circumstances appear which did not exist at 
the time the decision was rendered or did exist but were unknown to 
the court, provided that they would clearly lead to a less severe 
sentence.  
 
Persons Authorized to Submit the Request  
Article 434 
(1) A request for extraordinary mitigation of punishment may be 
submitted by a State Prosecutor, convicted person and his/her 
attorney, as well as the persons referred to in Article 382 
paragraph 2 of the present Code.  
(2) A request for extraordinary mitigation of punishment shall 
not stay the execution of punishment.  
 
Deciding on a Request for Extraordinary Mitigation of 
Punishment 
Article 435 
(1) A Court designated by law shall decide on a request for 
extraordinary mitigation of punishment. 
(2) A request for extraordinary mitigation of punishment shall be 
submitted to the court which rendered the first instance 
judgement. 
(3) The Chair of the Panel of the First instance court shall dismiss 
by a ruling a request submitted by an unauthorized person. 
(4) The First instance court shall inquire whether grounds for 
mitigation exist and, after having obtained the opinion of the 
State Prosecutor if the proceedings was conducted upon his 
request, it shall deliver the files along with its substantiated 
motion to the Competent Court to decide on the request for 
extraordinary mitigation of punishment. 
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  193(5) If a criminal offence for which the proceedings were 
conducted upon the request of the State Prosecutor is involved, 
the court that decides on a request for extraordinary mitigation of 
punishment, before rendering a ruling, shall deliver the files to 
the competent State Prosecutor. The State Prosecutor may submit 
a written motion to the court. 
(6) The court shall reject a request by a ruling if it establishes 
that legal conditions for extraordinary mitigation of punishment 
are not met. If the request is honored, the court shall by a 
judgement revise the final judgement regarding the decision on 
punishment. 
 
Revocation of Judgement 
Article 436 
The court shall revoke a judgement by which it honored the 
request for extraordinary mitigation of punishment if it is proved 
(Article 425, paragraph 2) that the judgement was based on a 
false document or the false testimony of a witness or expert 
witness.  
 
3. REQUEST FOR THE PROTECTION OF LEGALITY 
 
Reasons for Submitting the Request for the Protection of 
Legality 
Article 437 
(1) The Supreme State Prosecutor may submit a request for the 
protection of legality against final judgments and against the 
judicial proceedings which preceded such final decisions, if the 
law has been violated.   
(2) The Supreme State Prosecutor may submit the request 
referred to in paragraph 1 of this Article if the European Court of 
Human Rights or another court established by a ratified 
international treaty has found that human rights and freedoms 
have been violated in the course of the criminal proceedings and 
that the judgment was based on such violations, and the 
competent court did not allow reopening of the criminal 
proceedings, or if the violation done by the judgment can be 
removed through the quashing of the decision or its reversal 
without retrial. 
(3) The Supreme State Prosecutor may also submit the request 
referred to in paragraph 1 of this Article if a judgment is based 
on the law or other enactment which has been declared invalid 
by the Constitutional Court, in which case the request for the 
protection of legality may be submitted if the competent court 
did not allow reopening of the criminal proceedings, of if the 
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  194violation done by the judgment can be removed through the 
quashing of the decision or its reversal without retrial.   
 
Accused Person’s Proposal for the Submission of the 
Request for the Protection of Legality 
Article 438 
(1) The accused person who is sentenced to an unsuspended 
penalty of imprisonment of a year or more or to juvenile detention 
and the defense attorney of such an accused person may, within a 
month of receiving the final judgment, request from the Supreme 
State Prosecutor’s Office, in a written and well-grounded 
proposal, to file a request for the protection of legality against the 
final judgment if they deem that the Criminal Code has been 
violated to the detriment of the accused person by that judgment 
or if in the criminal proceedings which preceded the judgment a 
right of the accused person to defense was violated and this 
violation affected the rendering of a lawful and proper judgment.   
 (2) The proposal referred on paragraph 1 of this Article may not 
be submitted by the accused person who has not filed an appeal 
against the judgment, except where the second instance Court has 
imposed imprisonment of a year or more instead of exemption 
from a penalty, court admonition, suspended sentence or a fine, or 
juvenile detention instead of an educational measure. 
(3) The Supreme State Prosecutor shall dismiss by a ruling the 
proposal referred to in paragraph 1 of this Article if s/he finds  
there is no reason to file a request for the protection of legality.  
(4) The accused person and their attorney may file an appeal with 
the Supreme Court against the decision referred to in paragraph 3 
of this Article within eight days of the receipt of the decision.  
(5) The appeal referred to in paragraph 4 of this Article shall be 
decided by a three-judge Panel of the Supreme Court which shall 
either dismiss the appeal as groundless and confirm the decision 
referred to in paragraph 3 of this Article 3 or shall allow the 
appeal if it establishes that the reasons invoked by the accused 
person or the defense attorney are likely to exist.   
(6) If the Panel of the Supreme Court allows the appeal referred to 
in paragraph 5 of this Article, it shall proceed as if a request for 
the protection of legality has been submitted, in which case the 
Supreme State Prosecutor has both the right and the duty to 
participate in the proceedings as if it were them who submitted 
the request for the protection of legality.  
 
 
 
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  195The Competent Court 
Article 439 
(1) The Supreme Court shall decide on the request for the 
protection of legality.  
(2) The request for the protection of legality shall not be allowed 
against a judgement by which the Supreme Court decided on a 
request for the protection of legality.  
 
Deciding on the Request for the Protection of Legality 
Article 440 
(1) The court shall decide on a request for the protection of 
legality at a Panel session.  
(2) Prior to presenting a case for the decision, the judge 
rapporteur shall deliver a copy of the request to the accused 
person and his defense attorney, and if necessary, s/he may 
obtain additional information on the violation of law alleged in 
the request. 
(3) The State Prosecutor shall always be notified of the session. 
(4) The Supreme Court may, taking into account the contents of 
the request, order the execution of a final decision be postponed 
or stayed. 
(5) The Supreme Court shall be bound to deliver its decision along 
with the files to a First instance court or a Higher Court within four 
months from the day the request was submitted at the latest.  
 
Confinement to Deciding, Privilege of Cohesion and Ban on 
reformatio in peius  
Article 441 
(1) When deciding on a request for the protection of legality, the 
Supreme Court shall confine itself to reviewing those violations 
that the State Prosecutor set forth in their request. 
(2) If the court establishes that the grounds on which it rendered a 
decision in favor of the convicted person also exist for any co-
accused regarding whom a request for the protection of legality 
was not submitted, it shall proceed by virtue of an office as if 
such a request was submitted. 
(3) When rendering a decision, the court shall be bound by the 
prohibition referred to in Article  400 of the present Code. 
 
Rejection of the Request for the Protection of Legality 
Article 442 
The Supreme Court shall by its judgement reject as groundless a 
request for the protection of legality if it establishes that the 
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  196violation of law which the State Prosecutor stated in their request 
does not exist. 
 
Accepting the Request for the Protection of Legality 
Article 443 
(1) If the Supreme Court establishes that a request for the 
protection of legality is well-grounded, it shall render a 
judgement whereby it shall, according to the nature of the 
violation of law, either reverse the final decision or vacate in 
whole or in part both the decisions of the first instance court and 
the second instance court or only the decision of the Second 
instance court and remand the case for a new decision or retrial 
to the first instance court or the second instance court, or it shall 
confine itself only to establish the violation of law.   
(2) If a request for the protection of legality was submitted to the 
detriment of the accused person and the Supreme Court 
establishes that it was well grounded, it shall only establish that 
the violation of law existed, without affecting the final decision. 
(3) If, pursuant to the provisions of the present Code, the second 
instance court was not authorized to remove the violation of law 
made by the first instance decision or in the court proceedings 
that preceded it, and the court deciding on the request for the 
protection of legality which was submitted in favor of the 
accused person establishes that the request was well grounded 
and that, in order to remove the violation of law which occurred, 
the first instance decision should be vacated or reversed, it shall 
vacate or reverse the decision at second instance as well, 
although the latter did not violate the law. 
 
Reopening of Criminal Proceedings on a Request for the 
Protection of Legality 
Article 444 
If, while the Supreme Court decides on a request for the 
protection of legality, submitted in favor of the accused person, a 
grounded suspicion arises as to the accurateness of the relevant 
facts established in the decision against which the request was 
submitted, so that it is not possible to decide on the request for 
the protection of legality, the Supreme Court shall by rendering 
the judgment in which it decides on the request for the protection 
of legality vacate such a decision and order that a new main 
hearing be held before the same Court or another first instance 
court having subject matter jurisdiction. 
 
 
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  197Retrial  
Article 445 
(1) If the final judgement is vacated and the case is remanded for 
retrial, the previous indictment or the part of it which relates to 
the vacated part of the judgement shall be taken as the basis for 
trial. 
(2) The court shall be bound to undertake all procedural actions 
and discuss all issues pointed out by the Supreme Court which 
decided on the request. 
(3) Parties may present new facts and new evidence before the 
first instance court as well as before the second instance court. 
(4) When rendering a new decision, the court shall be bound by 
the prohibition set forth in Article 400 of the present Code.   
(5) If, in addition to the decision of the first instance court, the 
decision of the second instance court is also vacated, the case 
shall be remanded to the first instance court through the second 
instance court.  
 
D. SPECIAL PROVISIONS ON SUMMARY 
PROCEEDINGS, PROCEEDINGS ON THE 
IMPOSITION OF CRIMINAL SANCTIONS 
WITHOUT HOLDING A TRIAL, AND 
PROCEEDINGS ON THE IMPOSITION OF 
JUDICIAL ADMONITION  
 
Chapter XXVI 
SUMMARY PROCEEDINGS 
 
Cases where Summary Proceedings are Applied 
Article 446 
In the proceedings for criminal offences punishable by fine or 
imprisonment for a term not exceeding five years as a principal 
punishment, the provisions of Articles 447 to 460 of the present 
Code shall be applied, and unless these provisions provide 
otherwise, other provisions of the present Code shall be applied 
accordingly.  
 
Motions to Indict in the Summary Proceedings 
Article 447 
(1) The criminal proceedings shall be instituted upon the bill of 
indictment of the State Prosecutor, a subsidiary Prosecutor or 
upon a private action. 
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  198(2) A bill of indictment and a private action shall be submitted in 
the number of copies as needed for the court and for the accused 
person. 
 
Detention in the Course of the Summary Proceedings 
Article 448 
(1) For the purpose of an uninterrupted conduct of the criminal 
proceedings a detention may be ordered against a person against 
whom there is a grounded suspicion of having committed an 
offence if: 
1) ili s/he is in hiding or his/her identity cannot be 
established or if there are other circumstances indicating a risk of 
flight,  
2) if special circumstances indicate that s/he shall 
complete the attempted criminal offence or perpetrate the 
criminal offence he threatens to commit. 
(2) Before a bill of indictment is submitted, a detention may last 
only for the time necessary to conduct evidentiary actions, but no 
longer than eight days. The Panel (Article 24, paragraph 7) shall 
decide on an appeal against a ruling on detention.   
(3) From the moment a bill of indictment is submitted until the 
conclusion of the trial, the provisions of Article 179 of the 
present Code shall be applied accordingly in respect with 
detention, and the Panel shall review every month whether the 
grounds for detention still exist. 
(4) When the accused person is in detention, the court shall 
proceed as expeditiously as possible.  
 
Instituting Prosecution 
Article 449 
(1) If a criminal charge was submitted by an injured party and 
the State Prosecutor fails within a term of one month to prefer a 
motion to indict, or to notify the injured party of the dismissal of 
the criminal charge, the injured party shall be entitled to institute 
a prosecution in the capacity of a prosecutor by submitting a bill 
of indictment to the court. 
(2) If in the case defined in paragraph 1 of this Article, the 
injured party waives the prosecution, or it is considered 
according to law that the injured party has waived the 
prosecution, the State Prosecutor may, irrespective of the 
conditions prescribed for the reopening of the proceedings, 
reopen the proceedings, if the criminal charge of the injured party 
has not been dismissed. 
  
 
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  199Contents of the Motion to Indict 
Article 450 
(1) Bill of indictment or a private action shall state: the name and 
surname of the accused person along with his/her personal data if 
known, a brief description of the criminal offence, an indication 
of the court before which the main hearing shall be held, a 
motion on the evidence to be presented at the main hearing and 
the motion that the accused person be pronounced guilty and 
convicted under the law. 
(2) A bill of indictment may contain a motion to order detention 
against the accused person. If the accused person is in detention 
or was in detention while evidentiary actions were undertaken, 
the bill of indictment shall state for how long s/he was in 
detention.  
(3) When the State Prosecutor finds that the main hearing is not 
required he may include in the bill of indictment a proposal that 
a decision on penalizing, or pronouncing a criminal sanction be 
issued in accordance with Articles 461 and 462 of the present 
Code.  
 
Preliminary Examination of the Bill of Indictment 
Article 451 
(1) When the court receives a bill of indictment or a private 
action, the judge shall first examine whether the court has 
jurisdiction to try the case and whether there are grounds for the 
dismissal of the bill of indictment or the private action.  
(2) If the judge does not render any of the rulings referred to in 
paragraph 1 of this Article, they shall deliver the charge to the 
accused person and immediately schedule the main hearing. If 
the main hearing is not scheduled within a term of one month 
from the day of receipt of the bill of indictment or the private 
action, the judge shall inform the President of the Court on the 
reasons thereof, who will undertake measures for the main 
hearing to be held as soon as possible.  
 
Referring a Case to a Competent Court  
Article 452 
(1) If the judge establishes that another court has jurisdiction 
over the case, s/he shall declare him/herself incompetent and 
refer the case to the competent court after the ruling becomes 
final, and if s/he establishes that a Higher Court has jurisdiction 
over the case, s/he shall refer the case to the competent State 
Prosecutor representing the prosecution before the Higher Court 
for further action. If the State Prosecutor considers that the court 
which referred the case to him/her has jurisdiction to try the case, 
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  200s/he shall request disposition from the Panel of the court before 
which he represents the prosecution. 
(2) After the trial is scheduled, the court may not by virtue of an 
office declare the lack of territorial jurisdiction.    
 
Rejection or Dismissal of Bill of Indictment 
Article 453 
(1) The judge shall reject a bill of indictment or a private action 
if s/he establishes that the reasons referred to in Article 294, 
paragraph 1, items 1 and 2 of the present Code exist, and if 
evidentiary actions have been undertaken, s/he shall do the same 
for the reason prescribed by  item  3 of that Article. 
(2) The judge shall dismiss by a ruling a bill of indictment or a 
private action if s/he establishes  that reasons for the 
discontinuance of proceedings referred to in Article 294, 
paragraph 2 of the present Code exist.  
(3) A ruling with a concise statement of reasons shall be 
delivered to the State Prosecutor, subsidiary prosecutor or private 
prosecutor as well as to the accused person. 
 
Summons to the Main Hearing 
Article 454 
(1) The judge shall summon to the main hearing the accused 
person and his/her defense attorney, the Prosecutor, the injured 
party and their legal representatives and proxies, witnesses, 
expert witnesses and an interpreter, and if necessary s/he shall 
obtain objects that should serve as evidence at the main hearing.  
(2) The summons served on the accused person shall state that 
s/he may appear at the main hearing with evidence in his/her 
favor, or that s/he should propose presentation of evidence to 
the court in a timely manner so that it can be obtained for the 
purposes of the main hearing. The accused person shall be 
admonished in the summons that the main hearing will be held 
even in his/her absence if conditions for such trial are met 
referred to in Article 457 of the present Code. Along with the 
summons the accused person shall also be served a copy of the 
bill of indictment or the private action, and s/he shall be 
instructed that s/he is entitled to retain the defense attorney, but 
in the case of a non-mandatory defense, a continuance of the 
main hearing need not be granted due to absence of the defense 
attorney from the main hearing or due to the fact that a defense 
attorney has been engaged at the main hearing.  
(3) A summons shall be served on the accused person in such a 
way as to leave him/her an adequate time between the serving 
of the summons and the day of the main hearing for the 
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  201preparation of the defense, but not less than eight days. Upon 
the accused person’s consent, this term may be shortened. 
 
Place of Holding the Main Hearing 
Article 455 
The main hearing shall be held in the seat of the court. In urgent 
cases, particularly when a crime scene investigation should be 
carried out, or when this is necessary to facilitate the 
presentation of evidence, the main hearing may, with approval 
of the President of the Court, also be held at the place of the 
commission of the criminal offence, or at the place where the 
crime scene investigation should be carried out if these places 
fall within the jurisdictional territory of the court in question.    
 
Objection Regarding Jurisdiction as to Place 
Article 456 
(1) Objection regarding jurisdiction as to place may be raised 
until the commencement of the main hearing at the latest. 
(2) The judge who has undertaken evidentiary actions shall not 
be disqualified from participation in the main hearing. 
 
Accused Person’s Failure to Appear 
Article 457 
If the accused person fails to appear at the main hearing, even 
though s/he was duly summoned or if the summons could not be 
delivered to him/her for failure to report to the court his/her 
change of address or residence, the court may decide that the 
main hearing be held in his/her absence as well, under the 
condition that his/her presence is not necessary and that s/he was 
interrogated beforehand.  
 
The Course of a Trial 
Article 458 
(1) The main hearing shall commence with the announcement 
of the main contents of the bill of indictment or private action. 
If conceivable, the main hearing shall proceed in an 
uninterrupted sequence. 
(2) In the case of the accused person’s complete confession 
made in the course of the main hearing, the court shall, along 
with the mutual motion of the parties, recess the presentation of 
evidence and impose a criminal sanction unless there is a 
suspicion as to the truthfulness of the confession. 
(3) Subject to the conditions referred to in paragraph 2 of this 
Article, the court may impose the following criminal sanctions: 
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  202judicial admonition, suspended sentence, fine, community 
service and imprisonment for a term not exceeding one year, 
and along with those - one or several of the following measures: 
seizure of objects, prohibition to drive a motor vehicle and 
forfeiture of property gain.  
(4) If in the course of the main hearing or after its conclusion 
the judge establishes that a Higher Court has subject matter 
jurisdiction to try the case, he shall refer the case to the 
competent State Prosecutor. If the judge establishes that some 
other reason referred to in Article 367 of the present Code 
exists, he shall dismiss the charge by a ruling.  
(5) After the conclusion of the main hearing, the court shall 
pronounce a judgement immediately, and announce it followed 
by substantial reasons thereof. A written copy of the judgement 
shall be issued within eight days from the day of its 
announcement.  
(6) An appeal may be filed against the judgement within eight 
days from the day the copy of the judgement is served. 
(7) Immediately upon the announcement of the judgement, the 
parties and injured party may waive the right to appeal. In such a 
case a copy of the judgement shall be delivered to the party and 
injured party only if they so require. If, after the announcement 
of the judgement, both parties and the injured party waive their 
right to appeal and if none of them has required that the 
judgement be served on them, the written copy of the judgement 
need not contain a statement of reasons. 
(8) After the verdict has been pronounced, provisions of Article 
376 of the present Code shall be applied accordingly also in 
regard with vacation of detention. 
(9) When the court imposes an imprisonment sentence, it may 
order detention to the accused person, or prolongation of 
detention, provided that the grounds referred to in Article 448, 
paragraph 1 of the present Code exist. In such a case detention 
may last until the judgment becomes final, but at the longest 
until the term of the sentence imposed to the accused person by 
the first instance court expires. 
 
Reconciliation Hearing 
Article 459 
(1) Before scheduling a main hearing for criminal offences 
subject to private prosecution, the judge may summon only the 
private Prosecutor and the accused person to a hearing for the 
preliminary clarification of the matter if s/he considers it 
expedient for the prompt termination of the proceedings. Along 
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  203with the summons, the accused person shall be served a written 
copy of the private complaint. 
(2) If a reconciliation of the parties and the withdrawal of the 
private action do not take place, the judge shall take statements 
from the parties and call on them to submit their motions 
regarding the evidence to be obtained. 
(3) If the judge does not establish that conditions exist for the 
dismissal of the charge, he shall render a decision with regard to 
the evidence to be examined at the main hearing and shall, as a 
rule, immediately schedule the main hearing and notify the 
parties thereon.   
(4) If a private prosecutor and the accused person do not propose 
evidence neither before appearing in court nor when they appear 
before the court and the  judge considers that obtaining evidence 
is not necessary and no other reasons exist for the explicit 
scheduling of the main hearing, he may immediately open the 
main hearing and after presenting the available evidence, render 
a decision on the private action. The private prosecutor and the 
accused person  shall explicitly be admonished of this possibility 
in the summons.   
(5) If the private prosecutor fails to appear upon summoning 
pursuant to paragraph 1 of this Article, the provision of Article 
57 of the present Code shall be applied.  
(6) If the accused person fails to appear, the provision of Article 
457, paragraph 3 of the present Code shall be applied, provided 
that the judge decided to open the main hearing. 
 
Presence of the Parties at the Session of an Appeal Panel 
Allowed Only in Exceptional Cases  
Article 460 
(1) When a second instance court decides on an appeal against a 
judgement of the first instance court rendered in the summary 
proceedings, both parties shall be notified of the session of the 
Panel of the second instance court only if the Chair of the Panel 
or the Panel considers that the presence of the parties or one of 
the parties would be advantageous for the clarification of the 
matter.   
(2) Before the session of the Panel the Chair of the Panel shall 
submit the files to the State Prosecutor if a criminal offence is 
involved for which the proceedings are carried out upon his 
request, and the State Prosecutor may submit his written motion. 
 
 
 
 
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  204Chapter XXVII 
PROCEEDINGS FOR ISSUANCE OF A PENAL ORDER 
WITHOUT HOLDING A MAIN HEARING 
 
Penal Order 
Article 461 
(1) For criminal offences punishable by a fine or the sentence of 
imprisonment for a maximum term not exceeding three  years as a 
principal punishment, upon a motion of the State Prosecutor, and 
with the consent of the accused person, the judge may issue a 
penal order even without holding a main hearing.  
(2) The motion for the issuance of a penal order referred to in 
paragraph 1 of this Article, the State Prosecutor shall submit in a 
bill of indictment if he finds that it is not necessary to hold a 
main hearing.   
(3) If a property law claim is submitted, an authorized person 
shall be directed to the civil proceedings. 
 
Pronouncement of Sanctions and Measures 
Article 462 
(1) By way of the order  referred to in Article 461, paragraph 1 of 
the present Code, the judge may impose a fine, community 
service, suspended sentence or a court admonition, and one or 
more of the following measures: seizure of objects and 
prohibition to drive a motor vehicle. 
(2) A fine may be pronounced in the amount not exceeding 
€3.000, and prohibition to drive a motor vehicle may be 
pronounced for a maximum term not exceeding two years. 
 
Prerequisites for Issuance and Contents of the Penal Order 
Article 463 
(1) Prior to determining whether the prerequisites are met for the 
issuance of the penal order, the judge shall examine the bill of 
indictment pursuant to Article 451, paragraph 1 and determine 
whether grounds for proceeding referred to in Art. 452 and 453 
of the present Code exist. If the judge determines that 
prerequisites for the issuance of a penal order are not met, s/he 
shall submit the charge report to the accused person and schedule 
the main hearing immediately. 
(2) If the judge concurs with the motion of the State Prosecutor, 
he shall obtain information on previous convictions and, if 
necessary, on the accused person’s personality, and thereafter he 
shall, subsequent to the interrogation of the accused person, and 
with his consent, issue a penal order 
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  205(3) The penal order shall state the following: that the State 
Prosecutor’s motion is satisfied; personal data of the accused 
person; the criminal offence for which he is found guilty with 
stating the facts and circumstances which constitute elements of 
the criminal offence and on which depends the application of a 
particular provision of the Criminal Code; the statutory title of 
the criminal offence and the provisions of the Criminal Code and 
other statutes that have been applied; the decision on a fine or 
measure pronounced as well as the decision on directing the 
authorized person to the civil proceedings in regard with his 
property law claim; the statement of reasons for the 
pronouncement of a punishment or measure.   
 
Serving the Penal Order and the Right to Appeal 
                                             Article 464 
(1) The penal order shall be delivered to the State Prosecutor and 
the accused person.  
(2) An appeal against the penal order may be filed within a term 
of eight days. The appeal may be filed only against the decision 
on punishment and due to the violation of the provisions of 
Article 461 of the present Code. 
 
SPECIAL PROVISIONS ON IMPOSITION OF JUDICIAL 
ADMONITION 
 
Imposition of Judicial Admonition 
Article 465 
(1) Judicial admonition is imposed by a ruling. 
(2) Unless otherwise provided in this Chapter, the provisions of 
the present Code concerning the judgement of conviction shall 
accordingly apply to the ruling on judicial admonition.  
 
Contents of the Ruling on Judicial Admonition 
Article 466 
(1) The ruling on judicial admonition, together with essential 
reasons, shall be announced immediately after the completion of 
the main hearing. On this occasion, the accused person shall be 
admonished that a punishment is not imposed on him for the 
criminal offence he has committed, because it is expected that a 
judicial admonition shall influence him to the sufficient extent 
not to commit criminal offences any more. If the ruling on 
judicial admonition is announced in the accused person’s 
absence, the court shall include such a warning in the statement 
of reasons. The provisions of Article 458, paragraph 7 of the 
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  206present Code shall apply to the waiver of the right to appeal and 
to the issuance of a written copy of the ruling. 
(2) Beside the personal data of the accused person, the 
pronouncement of the ruling on judicial admonition shall only 
state that judicial admonition is imposed on the accused person 
for the offence he is charged with and the statutory title of the 
criminal offence. The pronouncement of the ruling shall also 
state the data required and referred to in Article 374, paragraph 
1, items 5 and 7 of the present Code.   
(3) In the statement of reasons for the ruling, the court shall state 
the reasons it was guided by in the imposition of judicial 
admonition 
 
Grounds for Contesting the Ruling on Judicial Admonition 
Article 467 
(1) The ruling on judicial admonition may be contested for the 
reasons referred to in Article 385, items 1 to 3 of the present 
Code, but also because the circumstances which justify the 
imposition of judicial admonition do not exist. 
(2) If the ruling on judicial admonition contains a decision on 
security measures, on the forfeiture of property gain, on the costs 
of criminal proceedings, or on a property law claim, this decision 
may be contested because the Court did not correctly apply the 
security measure or the forfeiture of property gain, or because it 
rendered a decision on the costs of criminal proceedings or on a 
property law claim in violation of the legal provisions. 
 
Violations of Criminal Code 
Article 468 
Violation of the Criminal Code shall exist in the case of the 
imposition of judicial admonition if the Criminal Code was violated 
concerning the issues referred to in Article 387, items 1 to 4 of the 
present Code.   
 
Second Instance Court’s Decision on Appeal 
Article 469 
(1) If an appeal against the ruling on judicial admonition is filed 
by the prosecutor to the detriment of the accused person, the 
second instance court may find the defendant guilty and impose 
a punishment or suspended sentence if it establishes that the first 
instance court correctly established the relevant facts, and that 
upon the correct application of the law punishment or suspended 
sentence may be imposed. 
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  207(2) Upon an appeal against the ruling on judicial admonition, the 
second instance court may render a ruling dismissing the charge, 
or a judgement dismissing the charge or acquitting the accused 
person if it establishes that the first instance court correctly 
established the relevant facts and that the rendering of one of 
these decisions is conceivable upon the correct application of the 
law.   
(3) When the conditions referred to in Article 406 of the present 
Code are met, the second instance court shall render a ruling 
rejecting the appeal as unfounded and confirm the ruling of the 
first instance court on judicial admonition. 
 
Part Three 
SPECIAL PROCEEDINGS 
Chapter XXIX 
PROCEEDINGS FOR IMPLEMENTATION OF SECURITY 
MEASURES, FORFEITURE OF PROPERTY GAIN, 
CONSFISCATION OF PROPERTY WHOSE LEGAL ORIGIN 
IS NOT PROVED, AND REVOCATION OF A SUSPENDED 
SENTENCE 
 
1. PROCEEDINGS FOR IMPLEMENTATION OF 
SECURITY MEASURES 
 
General provisions on the imposition of the measure of 
mandatory treatment and confinement to a mental 
institution, or of out-patient psychiatric treatment    
Article 470 
(1) If a accused person committed a criminal offence in the state 
of mental incapacity, the State Prosecutor shall submit to the 
court a motion to impose a security measure of compulsory 
psychiatrist treatment and confinement of that perpetrator in a 
medical institution or motion for compulsory psychiatric 
treatment of the perpetrator at liberty, if conditions for the 
imposition of such a measure prescribed by the Criminal Code 
are fulfilled. 
(2) In the case of paragraph 1 of this Article, the accused person  
who is in detention shall not be released but shall be temporarily 
placed in an appropriate medical institution or in some other 
suitable premises until the completion of the proceedings for 
implementation of the security measures. 
(3) After the motion referred to in paragraph 1 of this Article is 
submitted, the accused person must have a defense attorney.    
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  208Imposition of Measures of Mandatory Treatment and 
Confinement to a Mental Institution, or of Out-Patient 
Psychiatric Treatment and Discontinuance of Proceedings for 
the Application of Such Measures 
Article 471 
(1) The competent court to decide at first instance shall, upon 
holding the trial, decide on the imposition of the security 
measures of compulsory psychiatrist treatment and confinement 
in a medical institution or compulsory psychiatrist treatment out 
of the institution.  
(2) Along with the persons who must be summoned for the 
trial, physiatrists from the medical institution entrusted to 
testify on mental capacity of the accused person shall also be 
summoned as expert witnesses. The accused person shall be 
summoned if s/he is capable to be present at the trial.  The 
spouse of the accused person, his parents or legal guardian shall 
be notified of the trial, and with respect to the circumstances, 
other close relatives as well.  
(3) If the Court, upon the presentation of evidence, establishes 
that the accused person has committed a certain criminal 
offence and that at the time of the perpetration of the criminal 
offence s/he was not mentally capable, it shall decide, after 
interrogation of the summoned persons and upon findings and 
opinions of the expert witnesses, whether to impose on the 
accused person a security measure of compulsory psychiatrist 
treatment and confinement in a medical institution or 
compulsory psychiatrist treatment out of the institution. When 
deciding which of these security measures to impose, the court 
shall not be bound by the motion of the State Prosecutor.    
(4) If the Court establishes that the accused person was not 
mentally incapable when s/he committed the offence, it shall 
discontinue the proceedings for the implementation of security 
measures. 
(5) Except for the injured party, all other persons referred to in 
Article 382 of the present Code are entitled to file an appeal 
against the ruling of the court within eight days from the day the 
ruling is served.    
 
Imposition of Measures after Amendment of the Motion to 
Indict at the Trial 
Article 472 
The security measures referred to in Article 470, paragraph 1 of 
the present Code, may also be imposed when, at the trial, the 
State Prosecutor amends the indictment or the bill of indictment 
by submitting a motion for the imposition of those measures.    
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  209 
Imposition of Punishment and Security Measures 
Article 473 
When the court imposes a punishment on a person who has 
committed a criminal offence in the state of diminished mental 
capacity, it shall also impose a security measure of compulsory 
psychiatric treatment and confinement in a medical institution 
by the same judgement, provided that it establishes that the 
statutory conditions, prescribed by the Criminal Code, are met.    
 
Submitting Final Decision to the Competent Court to Decide on 
Deprivation of Legal Capacity 
Article 474 
The final decision by which the security measure of compulsory 
psychiatric treatment and confinement in a medical institution 
or compulsory psychiatric treatment out of the institution is 
imposed from Articles 471  and 473 of the present Code, shall 
be submitted to a competent court to decide on a deprivation of 
legal capacity. The juvenile welfare authority shall also be 
notified of the decision.   
  
Examining Justification of Imposed Measures 
Article 475 
(1) Every nine months, the Court which imposed a security 
measure shall, by virtue of an office, review whether the 
treatment and confinement in a medical institution are still 
necessary. The medical institution, the juvenile welfare 
authority and person against whom the security measure is 
imposed may submit a motion to such court to take decision on 
discontinuance of the measure. After the State Prosecutor is 
heard, the Court shall discontinue the application of this 
measure and order the perpetrator be released, provided that it 
establishes, upon the opinion of a physician, that a necessity for 
the treatment and confinement in a medical institution cease to 
exist, or it may order his/her compulsory treatment out of the 
institution. If the motion for discontinuance of the measure is 
dismissed, it may be submitted again within six months from 
the day the decision has been rendered.  
(2) When the perpetrator with diminished mental capacity is 
being released from the institution in which s/he spent less time 
than a term of the imprisonment s/he has been sentenced to, the 
Court shall by a ruling decide whether this person is to serve 
the rest of the punishment or shall be released on parole. 
Against the perpetrator who is released on parole, the security 
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  210measure of compulsory psychiatric treatment out of the 
institution may be imposed if the statutory conditions are met. 
(3) After the State Prosecutor is being heard and by virtue of an 
office or upon a motion of the medical institution in which the 
accused person  is treated or should have been treated, the Court 
may impose on the perpetrator against whom the security 
measure of compulsory psychiatric treatment out of the 
institution is applied the security measure of compulsory 
psychiatric treatment and confinement in a medical institution, 
provided that it establishes that the perpetrator fails to undergo 
the treatment or discontinues it willfully, or that 
notwithstanding the treatment s/he still poses a danger for other 
people so that his compulsory treatment and confinement in a 
medical institution is needed. If necessary, before it renders a 
decision, the Court shall also obtain an opinion of the 
psychiatrist and interrogate the accused person, provided that 
his/her condition allows for such interrogation. 
(4) The Court shall render the decisions referred to in 
paragraphs 1, 2 and 3 of this Article at the Panel session 
referred to in Article 24, paragraph 7 of the present Code. The 
State Prosecutor and the defense attorney shall be notified of 
the Panel session. Before rendering a decision, if necessary and 
possible, the perpetrator shall be interrogated.  
 
Proceedings in Case of Motion to Impose Security Measure 
of Compulsory Treatment of Alcohol Addiction and 
Security Measure of Compulsory Treatment of Drug 
Addiction 
                                          Article 476 
(1) After it obtains the findings and opinion of an expert 
witness, the Court shall decide on the imposition of the security 
measure of compulsory treatment of alcohol and drug addiction. 
The expert witness shall also give a statement regarding 
possibilities for the accused person’s treatment.  
(2) If the compulsory treatment out of the institution is ordered 
against the perpetrator by a suspended sentence, and if he fails to 
undergo the treatment or discontinues it by his own decision, 
after having heard the State Prosecutor and the perpetrator, the 
Court may by virtue of an office or upon a motion of the 
institution in which the perpetrator is treated or should have been 
treated, order the revocation of the suspended sentence or the 
enforcement of the security measure of compulsory treatment of 
alcohol and drug addicts in a medical institution or other 
specialized institution. If deems necessary, before rendering a 
decision, the Court shall obtain an opinion of the expert witness. 
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  211 Proceedings for the Imposition of the Security Measure of 
Seizure of Objects 
Article 477 
(1) Objects which must be seized according to the Criminal 
Code shall also be seized when the criminal proceedings are not 
terminated with a conviction, provided that this is required by 
considerations of public safety or by ethical reasons. 
(2) The authority before which proceedings has been held at the 
time it was terminated or discontinued shall render a separate 
ruling thereon. 
(3) The ruling on the seizure of objects referred to in paragraph 1 
of this Article shall also be rendered by the Panel referred in 
Article 24 paragraph 7 of the present Code when a conviction 
does not include such a decision. 
(4) A certified copy of the decision on the seizure of objects shall 
be delivered to the owner of the object if he is known.  
(5) The owner of the object is entitled to file an appeal against the 
decision referred to in paragraphs 2 and 3 of this Article if he 
considers that there is no legal ground for the seizure of the 
object. If the ruling referred to in paragraph 2 of this Article is 
not rendered by a court, the Panel of the competent court  
referred to in Article 24, paragraph 7 to try at first instance shall 
decide upon the appeal. If the decision on the seizure is made by 
the Panel of the first instance court referred to in Article 24 
paragraph 7  concerning the case referred to in paragraph 3 of 
this Article, the appeal shall be decided by the Panel of the 
immediately superior Court.  
 
2. PROCEEDINGS FOR THE CONFISCATION OF 
PROPERTY GAIN 
 
General Provisions on Confiscation of Property Gain 
Article 478 
(1) Property gain obtained as a result of the commission of a 
criminal offence shall be established as such in the investigatory 
proceedings, preliminary proceedings and at the trial  by virtue of an 
office.  
(2) In the course of the investigatory proceedings, preliminary 
proceedings and at the trial, the court and other authorities shall 
obtain evidence and investigate circumstances that are relevant to the 
establishment of property gain. 
(3) If the injured party submits a property law claim regarding the 
recovery of items acquired in consequence of the commission of a 
criminal offence or regarding the amount which corresponds to the 
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  212value of the items, the property gain shall only be established for the 
part which exceeds the property law claim.  
 
Confiscation of Property Gain from Third Persons who have 
been Transferred the Property Gain  
Article 479 
(1) When the confiscation of property gain obtained as result of 
the commission of a criminal offence from other persons is being 
considered, the person to whom the property gain was 
transferred or the person for whom it was obtained, or the 
representative of the legal entity shall be summoned for 
interrogation in the pre-trial proceedings and at the trial. The 
summons shall contain an admonition that the proceedings will 
be held even in his/her absence. 
(2) The representative of the legal entity shall be heard at the 
trial after the interrogation of the accused person. The court shall 
proceed in the same manner regarding other person referred to in 
paragraph 1 of this Article, unless s/he is summoned as a 
witness. 
(3) The person to whom the property gain was transferred or the 
person for whom it was obtained or the representative of the legal 
entity is entitled to propose presentation of evidence concerning 
the establishment of the property gain and, upon the authorization 
of the Chair of the Panel, to pose questions to the accused person, 
witnesses and expert witnesses.   
(4) Exclusion of the public from the trial shall not relate to the 
person to whom the property gain was transferred or for whom it 
was obtained or the representative of the legal entity. 
(5) If the Court establishes that the confiscation of property gain 
comes into consideration while the trial is in progress, it shall 
recess the trial and summon the person to whom the property 
gain was transferred or for whom it was obtained, or the 
representative of the legal entity. 
 
Determining the Amount of Property Gain by Free 
Evaluation 
                                           Article 480 
The amount of property gain shall be determined at the discretion 
of the court if its assessment entails disproportionate difficulties 
or a significant delay in the proceedings.  
 
Imposing Provisional Security Measures 
Article 481 
When the conditions for the confiscation of property gain are met , 
the court shall, by virtue of an office or upon the proposal of the 
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  213State Prosecutor, impose provisional security measures, pursuant to 
the provisions governing the enforcement proceedings. In such a 
case, the provisions of Article 243 of the present Code shall 
accordingly apply.   
 
Imposing Confiscation of Property Gain 
Article 482 
(1) Court may order the confiscation of property gain by a 
conviction, by a penal order issued without trial, by a ruling on a 
judicial admonition or by a ruling on the application of a corrective 
measure, as well as by a ruling on the imposition of a security 
measure of compulsory psychiatric treatment and confinement in a 
medical institution, or compulsory psychiatric treatment out of the 
institution. 
(2) In the pronouncement of the judgement or the ruling the court 
shall state which valuable item, money amount, or other property 
gain is to be confiscated. 
(3) A certified copy of the judgement or the ruling shall also be 
delivered to the person to whom the property gain was transferred or 
for whom it was obtained, as well as to the representative of the legal 
entity, provided that the court orders the confiscation of property 
gain from such a person or a legal entity. 
 
Request for Retrial Regarding the Confiscation of Property 
Gain 
Article 483 
The person referred to in Article 479 of the present Code may 
submit a request for retrial regarding the decision on the 
confiscation of property gain.  
 
Appropriate Application of Provisions Regulating an Appeal 
Article 484 
The provisions of Article 383, paragraphs 2 and 3 and Articles 391 
and 395 of the present Code shall be applied accordingly in regard 
to an appeal filed against the decision on the confiscation of 
property gain. 
 
Appropriate Application of other Provisions of the present Code 
Article 485 
Unless otherwise provided by the provisions of this Chapter, in 
regard with the implementation of security measures or the 
confiscation of property gain, other provisions of the present Code 
shall be applied accordingly.  
 
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  214 
3. CONFISCATION OF PROPERTY WHOSE LEGAL 
ORIGIN HAS NOT BEEN PROVED 
 
Request for Confiscation of Property and Contents of 
Request 
Article 486 
(1) After the finality of the judgement finding the accused person 
guilty of the criminal offence for which the Criminal Code 
prescribes the possibility of extended confiscation of property 
from the convicted person, his/her legal successor or the person 
to whom the convicted person has transferred the property and 
who cannot prove the legality of its origin, the State Prosecutor 
shall, at the latest within one year, submit the request for the 
confiscation of the property of the convicted person, his/her legal 
successor or a person to whom the convicted person has 
transferred the property for which there is no evidence on the 
legality of its origin.   
(2) The request from paragraph 1 of this Article shall contain the 
data on the convicted person, his/her legal successor or the 
person to whom the convicted person has transferred the 
property, indication of property to be confiscated, evidence on 
the property owned by the convicted person, his/her legal 
successor or the person to whom the property has been 
transferred, and on their legal proceeds, as well as circumstances 
indicating the obvious discrepancy between the total property 
and the legal proceeds of the convicted person, his/her legal 
successor and the person to whom the convicted person has 
transferred the property.  
(3) The request from paragraph 1 of this Article shall be served 
without delay to the convicted person, his/her legal successor or 
the person to whom the convicted person has transferred the 
property, along with a warning stating that s/he shall prove the 
legal origin of the property at the Panel session referred to in 
Article 24, paragraph 7 of the present Code, as well as that the 
property will be confiscated if its legal origin has not been 
proved. 
 
 Deciding on the Request for the Confiscation of Property 
Article 487 
(1) Pursuant to Article 314 of the present Code, the Panel 
referred to in Article 24, paragraph 7 of the present Code shall 
decide on the request referred to in Article 486 of the present 
Code at the session from which the public may be excluded.  
(2) The following shall be invited to the Panel session: State 
Prosecutor, convicted person, his/her legal successor or a person 
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  215to whom the convicted person has transferred his/her property, 
and his/her proxy.  
(3) If the convicted person, his/her legal successor or the person 
to whom the convicted person has transferred his/her property 
does not prove by plausible documents or in absence of plausible 
documents, in some other manner, the legal origin of the 
property, the Panel shall issue a ruling on the confiscation of the 
property.  
(4) If the convicted person, his/her legal successor or the person 
to whom the convicted person has transferred his/her property 
proves by plausible documents or in some other manner the 
legality of the property origin or of the part of property, the Panel 
shall issue a ruling on total or partial dismissal of the request 
referred to in Article 486, paragraph 1 of the present Code. 
(5) The panel referred to in Article 24, paragraph 7 of the present 
Code shall dismiss the request if it was submitted after the expiry 
of the deadline referred to in Article 486, paragraph 1 of the 
present Code. 
 
Contents of the Request on Confiscation of Property 
                                           Article 488 
(1) The ruling referred to in Article 487, paragraph 3 of the 
present Code shall contain the data on the convicted person, 
his/her legal successor or the person to whom the convicted 
person has transferred his/her property, on the property being 
confiscated, and the decision on the costs of safekeeping and 
administration of the provisionally seized property referred to in 
Article 96 of the present Code. If the confiscation of the property 
would bring into question the sustenance of the convicted 
person, his/her legal successor or the person to whom the 
convicted person has transferred his/her property or the persons 
who they are legally obliged to support, the ruling shall indicate 
that a portion of the property is exempted from confiscation.  
(2) The ruling on property confiscation shall be delivered to the 
convicted person, his/her legal successor or the person to whom 
the convicted person has transferred his/her property, his/her 
proxy, State Prosecutor, and the state authority which, pursuant 
to the law, shall administrate the confiscated property.  
 
 Appeal against the Ruling on Confiscation of Property 
Article 489 
(1) Convicted person, his/her legal successor of the person to 
whom the convicted person has transferred his/her property and 
his/her proxy may appeal against the ruling referred to in Article 
487, paragraph 3 of the present Code within eight days; the State 
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  216Prosecutor may appeal against the ruling referred to in Article 
487, paragraph 4 of the present Code. 
(2) An immediately superior court shall decide on the appeal 
referred to in paragraph 1 of this Article. 
 
4. PROCEEDINGS FOR REVOCATION OF SUSPENDED 
SENTENCE 
 
Article 490 
(1) When a court orders in a suspended sentence that the punishment 
will be imposed if the convicted person does not restore property 
gain, does not make compensation for damages or does not fulfill 
other obligations, and if the convicted person fails to fulfill these 
obligations within a specified term, the court which tried the case at 
first instance shall conduct the proceedings for the revocation of the 
suspended sentence upon a motion of the authorized prosecutor or by 
virtue of an office. 
(2) The judge assigned to the case shall interrogate the convicted 
person, if he is available, and conduct the necessary actions for the 
purpose of establishing facts and obtaining evidence important for 
the decision. 
(3) Thereafter, the Chair of the Panel shall schedule a session of the 
Panel and notify the prosecutor, the convicted person and the injured 
party thereon. If the duly notified parties and the injured party fail to 
appear, this shall not prevent the session of the Panel from being 
held. 
(4) If the court establishes that the convicted person has failed to 
fulfill an obligation ordered by the judgement, the court shall 
render a judgement revoking the suspended sentence and 
ordering the punishment determined in the suspended sentence to 
be imposed, or ordering a new term within which the obligation 
must be fulfilled, or discharging the convicted person of 
obligation or replacing the obligation with other obligation. If the 
court determines that there are no grounds for rendering any of 
these decisions, it shall by a ruling discontinue the proceedings 
for the revocation of the suspended sentence. 
(5) An appeal against the judgment referred to in paragraph 4 of 
this Article may also be filed by the injured if his/her interests 
have been affected by the judgment.    
 
 
 
 
 
 
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  217Chapter XXX 
PROCEEDINGS FOR REHABILITATION, FOR TERMINATION 
OF LEGAL CONSEQUENCES OF CONVICTION AND 
SECURITY MEASURES 
 
Rendering a Ruling on Legal Rehabilitation by Virtue of an 
Office 
Article 491 
(1) When, under the Criminal Code, rehabilitation occurs by the 
lapse of a certain period of time and provided that the convicted 
person within that period does not commit a new criminal 
offence the authority in charge of keeping criminal records shall 
by virtue of an office render a ruling on rehabilitation, except for 
the case of imposing a suspended sentence.  
(2) Before rendering a ruling on rehabilitation, the necessary 
inquires shall be conducted and, in particular, data shall be obtained 
on whether the criminal proceedings are pending against the 
convicted person for any new criminal offence committed before the 
completion of the rehabilitation proceedings. 
 
Rendering a Ruling on Legal Rehabilitation at the Request of 
the Convicted Person 
Article 492 
(1) If the competent authority does not render a ruling on 
rehabilitation, the convicted person may request that a 
determination be made that the rehabilitation has occurred by 
force of Criminal Code.   
(2) If the competent authority fails to comply with the request of 
the convicted person within a term of thirty days from the day of 
receipt of the request, the convicted person may request that the 
court which rendered the verdict at first instance render a ruling 
on the rehabilitation. 
(3) The court shall decide on the request of the convicted person 
after receiving the opinion of the State Prosecutor. 
 
Rehabilitation of a Person on whom a Suspended Sentence is 
Imposed 
Article 493 
If the suspended sentence is not revoked even one year after the 
lapse of the probation period, the court which tried the case at 
first instance shall render a ruling on the rehabilitation. This 
ruling shall be served on the convicted person, the State 
Prosecutor and the authority in charge of keeping the criminal 
records. 
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  218 
Rehabilitation on the Basis of a Judgment 
Article 494 
(1) The proceedings for the judicial rehabilitation shall be 
instituted upon a petition of the convicted person. 
(2) The petition shall be submitted to the court that tried the case 
at first instance. 
(3) The judge assigned to the case shall inquire whether the term 
prescribed by law has elapsed, and thereafter he shall conduct the 
necessary inquiries to determine the facts indicated by the 
petitioner and obtain evidence on all circumstances important for 
the decision.    
(4) The court may request records on behavior of the convicted 
person from the police authority in whose region s/he has resided 
after serving the sentence, and may request such a records from 
the administration of the institution in which the convicted 
person has served the sentence. 
(5) After the inquiries referred to in paragraph 3 of this Article 
have been made, and after having heard the State Prosecutor, the 
judge shall submit the files with a substantiated motion to the 
Panel of the court which tried the case at first instance. 
(6) The petitioner and the State Prosecutor may appeal against 
the decision of the court on the rehabilitation rendered upon the 
petition. 
(7) If the court rejects the petition because the convicted person 
does not deserve the rehabilitation due to his behavior, the 
convicted person may again submit a petition after one year from 
the day the ruling on the rejection of the petition becomes final.    
 
Prohibition of Disclosing the Data on Rehabilitation and 
Discontinuance of Legal Consequences of Conviction 
Article 495 
A certification issued to the citizens upon the criminal record 
must not state the rehabilitation and the discontinued legal 
consequences of conviction. 
 
Discontinuance of Security Measures 
Article 496 
(1) A petition for discontinuance of the security measure of 
prohibiting the engagement in a profession, activity or duty or the 
security measure of prohibiting the operation of a motor vehicle 
or a petition for discontinuance of the legal consequence of 
conviction regarding the acquirement of certain rights shall be 
submitted to the court which tried the case at first instance.  
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  219(2) The judge assigned to the case shall inquire whether the term 
prescribed by law has expired, and thereafter he shall conduct the 
necessary inquiries to determine the facts indicated by the 
petitioner and obtain evidence on all circumstances important for 
the decision.   
(3) The court may request a record on behavior of the convicted 
person from the police authority in whose region he has resided 
after the principal sentence is served, remitted or purged by the 
statute of limitations, and may request such a record from the 
administration of the institution in which the convicted person 
has served the sentence. 
(4) After conducting the inquiries referred to in paragraph 2 of 
this Article and after obtaining the opinion of the State 
Prosecutor, the judge shall submit the files with a substantiated 
motion to the Panel of the court which tried the case at first 
instance. 
New Petition for Discontinuance of Security Measures 
Article 497 
When the court rejects the petition for discontinuance of the 
security measures or the legal consequences of conviction, a new 
petition may be submitted only after one year from the day the 
ruling on the rejection of the previous petition becomes final.   
 
Chapter XXXI 
PROCEEDINGS FOR COMPENSATION OF DAMAGES, 
REHABILITATION AND EXERCISE OF OTHER RIGHTS OF 
UNJUSTIFIABLY CONVICTED PERSONS, PERSONS 
ILLEGALLY OR GROUNDLESSLY DEPRIVED OF LIBERTY 
 
Persons Entitled to Seek Compensation of Damages for 
Unjustifiable Conviction 
Article 498 
(1) The right to compensation of damages for unjustifiable 
conviction shall be held by a person against whom a criminal 
sanction was imposed by a final decision or who was 
pronounced guilty but whose punishment was remitted, and 
subsequently, upon an extraordinary legal remedy, the new 
proceedings was finally discontinued or the convicted person 
was acquitted by a final decision or the charge was rejected, 
except in the following cases: 
1) if the proceedings was discontinued or the charge was 
dismissed because in the new proceedings the subsidiary 
prosecutor or private prosecutor waived the prosecution, 
provided that the waiver occurred on the basis of an agreement 
with the accused person,   
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  2202) in the new proceedings the charge was dismissed by a 
ruling because the court lacked jurisdiction and the authorized 
prosecutor has initiated prosecution before the competent court. 
(2) A convicted person i.e. an acquitted person, is not entitled to 
compensation of damages if he caused the criminal proceedings 
through a false confession in the investigatory procedure or 
otherwise, or caused his conviction through such statements 
during the proceedings, unless he was forced to do so. 
(3) In the case of conviction for offences committed in 
concurrence, the right to compensation of damages may also 
relate to respective criminal offences in regard to which the 
conditions for approving compensation are met. 
 
Statute of Limitations of Compensation Claim 
                                              Article 499 
(1) The right to compensation of damages becomes time-barred 
within three years from the day of effectiveness of the judgement 
at first instance acquitting the accused person or dismissing the 
charges, or from the day of effectiveness of the ruling at first 
instance discontinuing the proceedings, and, if a Higher Court 
decided on an appeal - from the day of receipt of the decision of 
a Higher Court.    
(2) Before bringing a compensation claim to the court, the 
injured party shall submit his/her request to the ministry 
competent for the affairs of the judiciary in order to reach a 
settlement on the existence of damage and the type and amount 
of compensation. 
(3) In the case referred to in Article 498, paragraph 1, item 2 of 
the present Code, the request may be heard only if the authorized 
prosecutor has not initiated prosecution before a competent court 
within a term of three months from the day of receipt of the final 
decision. If, after this term has elapsed, the authorized prosecutor 
initiates prosecution before the competent court, the proceedings 
for compensation of damages shall be discontinued until the 
conclusion of the criminal proceedings.   
 
Compensation Claim 
Article 500 
(1) If the request for the compensation of damages is not 
accepted or if a ministry competent for the affairs of the judiciary 
does not render a decision within a term of three months from 
the day the request is submitted, the injured party may bring a 
compensation claim to the competent court. If a settlement was 
only reached on one part of the claim, the injured party may file 
a compensation claim regarding the rest of the claim. 
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  221(2) While the proceedings referred to in paragraph 1 of this 
Article are pending, the period of limitation referred to in Article 
499, paragraph 1 of the present Code, does not run. 
(3) The compensation claim shall be filed against  Montenegro.   
 
Inheritance of the Right to Compensation of Damages 
Article 501 
(1) Heirs shall inherit only the right of the injured party to 
compensation of property damage. If the injured party has 
already filed a claim, the heirs may resume the proceedings 
within the limits of the already filed compensation claim. 
(2) Pursuant to the rules on the compensation of damages 
specified by the Law on Torts, after the death of the injured party, 
his heirs may resume the proceedings for the compensation of 
damages or institute the proceedings provided that the injured 
party died before the period of limitation expired and provided 
that the injured party did not waive this claim. 
 
Persons Entitled to Compensation of Damages 
Article 502 
(1) Entitled to compensation of damages shall also be the person: 
1) who was detained or deprived of liberty by the police or 
the State Prosecutor or his/her liberty was limited by a court 
decision as a consequence of a criminal offence, but criminal 
proceedings were not instituted or were discontinued by a final 
ruling or such person was acquitted by a final judgement or the 
charge was dismissed;  
2) who served a sentence of imprisonment, and upon the 
request for retrial, or a request for the protection of legality a 
sentence of a shorter duration than the sentence served was 
imposed on him/her, or non-custodial criminal sanction was 
imposed or s/he was pronounced guilty but the punishment was 
remitted; 
3) who, due to an error or an unlawful action of state 
authorities, was deprived of liberty without legal grounds, or 
kept in detention or penitentiary institution for a longer period of 
time than prescribed; 
4) whose time in detention exceeded his/her sentence.  
(2) A person deprived of liberty pursuant to Article 264 of the 
present Code without legal ground is entitled to compensation of 
damages if detention was not ordered against him/her or if the 
time during which s/he was deprived of liberty was not included 
in the punishment for the criminal offence or misdemeanor. 
(3) A person who caused his/her deprivation of liberty, i.e. 
detention, by illicit acts is not entitled to compensation of 
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  222damages. In the cases referred to in paragraph 1, item 1  of this 
Article, a person is not entitled to compensation of damages, 
despite the existence of circumstances referred to in Article 498, 
paragraph 1 of the present Code, or if  the proceedings were 
discontinued pursuant to Article 249 of the present Code. 
(4) In the damages proceedings regarding the cases referred to in 
paragraphs 1 and 2 of this Article, the provisions of this Chapter 
shall apply accordingly.  
 
Making Public the Decision Declaring Previous Conviction 
Unjustified 
Article 503 
(1) If the case related to unjustifiable conviction or illegal 
deprivation of liberty of some person is announced in the media 
and the reputation of that person is damaged thereby, the court 
shall, upon his/her request, publish in newspapers or through 
other media the announcement on a decision declaring that the 
previous conviction was unjustified or that the deprivation of 
liberty was illegal. If the case is not announced in the media, 
such an announcement shall, upon this person’s request, be 
delivered to a state authority, local government authority, 
company, other legal entity or physical person or his/her 
employer, and, if necessary for his/her rehabilitation – to other 
organizations. After the death of a convicted person, his spouse, 
children, parents, brothers and sisters are entitled to submit such 
a request.  
(2) The request referred to in paragraph 1 of this Article may also 
be submitted if the compensation claim was not submitted. 
(3) Besides the conditions referred to in Article 493 of the 
present Code, the request referred to in paragraph 1 of this 
Article may also be submitted when the legal qualification of the 
offence was altered upon an extraordinary judicial remedy if, due 
to the legal qualification in the original judgement, the reputation 
of the convicted person was seriously damaged. 
(4) The request referred to in paras. 1, 2 and 3 of this Article 
shall be submitted to the court which tried the case at first 
instance within six months from the day the decision referred to 
in Article 499, paragraph 1 of the present Code becomes final. 
The Panel referred to in Article 24, paragraph 7 of the present 
Code shall decide on the request. While deciding on the request, 
the provisions of Article 498, paras. 2 and 3, and Article 502, 
paragraph 3 of the present Code, shall apply accordingly.    
 
 
 
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  223Annulment of Entry of an Unjustified Conviction into the 
Criminal Record 
Article 504 
The court which tried the case at first instance shall by virtue of an 
office issue a ruling which annuls the entry of an unjustified 
conviction into the criminal record. The ruling shall be delivered to 
an authority in charge of the criminal record. Data from the criminal 
record concerning the annulled entry shall not be available to 
anyone.  
 
Limitation on Reviewing, Transcribing or Copying Files 
Article 505 
A person allowed to inspect, transcribe and copy files (Article 203) 
concerning unjustifiable conviction or illegal deprivation of liberty 
may not use data from such files in a manner which would be 
detrimental to the rehabilitation of the person against whom the 
criminal proceedings were conducted. The President of the court 
shall remind the person allowed to inspect, transcribe or copy the 
files thereon, and this shall be noted on the file and signed by this 
person.  
 
Recognition of Employment Related Rights 
Article 506 
(1) A person whose employment or social security was 
terminated due to an unjustifiable conviction or illegal 
deprivation of liberty shall have the same years of service or 
years of social security recognized as if s/he had been employed 
during the time of the loss of years of service due to an 
unjustifiable conviction or illegal deprivation of liberty. A period 
of unemployment shall also be included in the years of service or 
social security if caused by the unjustifiable conviction or illegal 
deprivation of liberty but not by the guilt of this person. 
(2) When deciding on a right affected by the length of years of 
service or years of social security, the competent authority or 
institution shall take into account the years of service or social 
security recognized by the provision of paragraph 1 of this 
Article. 
(3) If the authority or institution referred to in paragraph 2 of this 
Article does not take into account the years of service or social 
security recognized by the provision of paragraph 1 of this 
Article, the injured party may request that the court referred to in 
Article 500, paragraph 1 of the present Code establishes that the 
recognition of such a period occurred by force of law. A civil 
action shall be brought against the authority or institution which 
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  224contests the recognition of years of service, and against 
Montenegro.    
(4) Upon the request of the authority or institution competent for 
the realization of the right referred to in paragraph 2 of the 
present Code, the specified contribution shall be paid out from 
budget funds for the period of time for which the person is 
entitled pursuant to paragraph 1 of this Article.    
(5) The years of social security recognized pursuant to the 
provision of paragraph 1 of this Article shall be fully included in 
the years of pension.  
 
Chapter XXXII 
PROCEEDINGS FOR THE ISSUANCE OF A WANTED NOTICE 
AND PUBLIC ANNOUNCEMENT 
 
Finding the Accused Person and Notification of his/her Address 
Article 507 
If permanent or temporary residence of the accused person is 
unknown, when it is necessary pursuant to the provisions of the 
present Code, a court or the State Prosecutor shall request the police 
authority to look for the accused person and inform them on his/her 
address.  
 
Conditions for the Issuance of Wanted Notice 
Article 508 
(1) The issuance of a wanted notice may be ordered if the 
accused person  is in flight and that  criminal proceedings are 
instituted against him/her for a criminal offence subject to public 
prosecution and punishable by imprisonment for a term of three 
years or a more severe punishment, provided that a warrant for 
apprehension or a ruling on detention exists. 
(2) The issuance of a wanted notice shall be ordered by the court 
before which the criminal proceedings are pending. 
(3) The issuance of a wanted notice shall also be ordered if the 
accused person escapes from the administrative institution 
competent for the execution of criminal sanctions where s/he is 
serving the sentence, regardless of the severity of the 
punishment, or escape from the institution where s/he is serving 
an institutional measure. In such a case, the order shall be issued 
by the head of the institution. 
(4) The order of the court or the head of the institution for the 
issuance of a wanted notice shall be delivered to the police 
authorities for execution.   
 
 
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  225Issuance of Public Announcement 
Article 509 
(1) When  information concerning particular objects in relation 
to a criminal offence are required or if these objects need to be 
located, and in particular if this is necessary to determine the 
identity of unknown corpse, the issuance of a public 
announcement shall be ordered, containing a request that the 
required information be communicated to the authority 
conducting the proceedings. 
(2) The police authority may publish photographs of corpses and 
missing persons if grounds for suspicion exist that the death or 
disappearance of such persons occurred because of a criminal 
offence. 
 
Withdrawal of the Order on the Issuance of a Wanted notice or 
Public Announcement 
Article 510 
The authority which ordered the issuance of a wanted notice or a 
public announcement shall withdraw it immediately after the wanted 
person or the object has been found, or after the period of limitation 
for the institution of the prosecution or punishment has expired, or 
when other reasons appear indicating that wanted notice or the 
public announcement is no longer necessary.  
 
Issuance of Wanted Notice and Public Announcement 
Article 511 
(1) Wanted notice and public announcement shall be issued by 
the police. 
(2) Media may be used in order to inform the public of the wanted 
notice or public announcement. 
(3) If it is likely that the person in regard to whom a wanted notice 
has been issued is abroad, an international wanted notice may also 
be issued, provided that the approval of the Ministry of Justice is 
obtained.   
(4) Upon a request of a foreign authority, a wanted notice may also 
be issued in regard with the person for whom a suspicion exists that 
s/he is in Montenegro, provided that the request contains the 
statement that his/her extradition shall be requested in the case s/he 
is founded.  
 
 
 
 
 
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  226Chapter XXXIII 
TRANSITIONAL AND FINAL PROVISIONS 
 
Specific Provision on the Counting of Terms 
Article 512 
If on the day when this Code enters into force any term is still 
running, such a term shall be counted pursuant to the provisions of 
the present Code, except if the term was longer pursuant to the 
provisions of the previous regulations.   
 
Application of the Provisions of the Previously Valid Code 
Article 513 
(1) If a request for the opening of an investigation has been 
submitted under the provisions of the Criminal Procedure Code 
(Official Gazette of RoM, No. 71/03 and 47/06) up to the day the 
present Code starts to be applied, the investigation shall be 
completed in accordance with those provisions.   
(2) If a decision has been rendered before the day the present Code 
enters into force against which, according to the provisions of the 
Criminal Procedure Code ("Official Gazette of RoM", No. 71/03 
and 47/06) a legal remedy was allowed, and if such a decision is not 
yet delivered or the term for submitting the legal remedy is still 
running, or the legal remedy has been submitted but the decision has 
not been rendered yet, the provisions of that Code  shall apply 
regarding the right to legal remedy and the proceedings on legal 
remedy. 
 
Adoption of Bylaws 
Article 514 
The bylaws envisaged by this Code shall be adopted within a 
term of nine months from the day of the present Code’s entry 
into force.  
 
Cessation of Validity of a Previous Act 
Article 515 
By entry into force of the present Code, the Criminal Procedure 
Code (Official Gazette of RoM, No. 71/03 and 47/06) shall cease 
to be valid except for the provisions of Chapter XXIX which 
shall apply until the adoption of a law regulating the proceedings 
against minors and other issues related to the position of juvenile 
offenders. 
 
 
 
 
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  227Implementation of Certain Provisions  
Article 516 
(1) Provisions of Articles 90, 486, 487, 488 and 489 of the present 
Code will be enforced from the day of enforcement of the provisions 
of the Criminal Code which will govern the extended confiscation 
of property.  
(2) Provisions of Chapter XX of the present Code shall be 
applied after six months as of the entry into force of the present 
Code. 
(3) Provisions of Art. 109, 158, 272, 273 and 461 of the present 
Code shall be applied as of the day of entry into force of the 
present Code. 
(4) In procedures for criminal offences of organized crime, 
corruption, terrorism and war crimes, the present Code shall be 
applied as of 26th August 2010. 
 
Entry into Force 
   
                                        Article 517 
This Code shall enter into force eighth days from the day of 
publication in the “Official Gazette of Montenegro”, and it will be 
enforced as of 1st September 2011.  
 
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