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CONSTITUTION OF THE REPUBLIC OF MONTENEGRO

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Legal remedy
Article 20
Everyone shall have the right to legal remedy against the decision ruling on the right or legally based interest thereof.

 

Legal aid
Article 21
Everyone shall have the right to legal aid.
Legal aid shall be provided by the bar, as an independent and autonomous profession, and by other services.
Legal aid may be provided free of charge, in accordance with the law.

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Dignity and inviolability of persona
Article 28
The dignity and security of a man shall be guaranteed.
The inviolability of the physical and mental integrity of a man, and privacy and individual rights thereof shall be guaranteed.
No person shall be subject to torture or inhumane or degrading treatment.
No person shall be held as a slave or in a position of slavery.

 

Deprivation of liberty
Article 29
Everyone shall have the right to personal liberty.
Deprivation of liberty shall be permitted only for the reasons and in the procedure
prescribed by the law.
Person deprived of liberty shall be notified immediately of the reasons for the
arrest thereof, in own language or in the language he/she understands.
Concurrently, person deprived of liberty shall be informed that he/she is not
obliged to give any statement.
At the request of the person deprived of his/her liberty, the authority shall
immediately inform about the deprivation of liberty the person of own choosing of the
person deprived of his/her liberty.
The person deprived of his/her liberty shall have the right to the defense counsel
of his/her own choosing present at his interrogation.
Unlawful deprivation of liberty shall be punishable.

Detention
Article 30
Person suspected with reasonable doubt to have committed a crime may, on the
basis of the decision of the competent court, be detained and kept in confinement only if
this is necessary for the pre-trial procedure.
Detainee shall be given the justified decision of detention at the time of being
placed in detention or no later than within 24 hours from being put in detention.
Detainee shall have the right of appeal against the decision of detention, upon
which the court shall decide within 48 hours.
The duration of detention shall be reduced to the shortest possible period of time.
Detention by the decision of first-instance court may last up to three months from
the day of detention, and by the decision of a higher court, the detention may be extended
for additional three months.
If no indictment is raised by time of expiry of those deadlines, the detainee shall
be released.
Detention of minors shall not exceed 60 days.

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Fair and public trial
Article 32
Everyone shall have the right to fair and public trial within reasonable time before
an independent, impartial court established by the law.


Principle of legality
Article 33
No one shall be punished for an act that, prior to being committed, was not
stipulated by the law as punishable, nor may be pronounced a punishment which was not
envisaged for that act.

More lenient law
Article 34
Criminal and other punishable acts shall be stipulated and the punishments for
them shall be pronounced in accordance with the law in force at the time when the act
was committed, unless the new law is more lenient for the perpetrator.


Presumption of innocence
Article 35
Every one shall be deemed innocent until the guilt thereof has been established by
an enforceable court decision.
The accused shall not be obliged to prove the innocence thereof.
The court shall interpret the doubt regarding the guilt to the benefit of the
accused.


Ne bis in idem
Article 36
No one may be trialed or convicted twice for one and the same punishable act.


Right to defense
Article 37
Every one shall be guaranteed the right to defense, and especially: to be informed
in the language he/she understands about the charges against thereof; to have sufficient
time to prepare defense and to be defended personally or through a defense attorney of
his/her own choosing.


Compensation of damage for illegal action
Article 38
Person deprived of liberty in an illegal or ungrounded manner or convicted
without grounds shall have the right to the compensation of damage from the state.

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