The Law on International Legal Assisstance in Criminal Matters

8/11/2019 The Law on International Legal Assisstance in Criminal Matters

1/14

THE LAW ON INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

I. GENERAL PROVISIONS

Article 1

The purpose of this Act is to regulate conditions and procedures of provision ofinternational legal assistance in criminal matters (hereinafter: international legal assistance).

Article 2

(1) International legal assistance shall be provided in accordance with an international

agreement.(2) If there is no international agreement or if certain issues are not defined by aninternational agreement, international legal assistance shall be provided pursuant to this Act, under

the condition that there is a statement of reciprocity or that it may be expected that a foreign state

would perform a request for international assistance from the national judicial authorities.

Article 3

International legal assistance under this Act contains: extradition of accused and sentenced

persons, surrender and acceptance of criminal proceedings, execution of criminal sentences of

foreign states, submission of acts, written materials and other subject matters concerning the

criminal procedure in a foreign state, as well as performance of certain procedural due activitiessuch as: hearing of the sentenced person, witness and court appointed expert, judicial examination

of the spot, search of premises and persons and provisional seizure of property.

Article 4

(1) National judiciary authorities shall pass requests for international legal assistance on toforeign judiciary authorities and receive requests for international assistance from foreign judiciary

authorities through the competent ministry in charge of judiciary affairs (hereinafter: Ministry).

(2) If there is neither international agreement nor reciprocity, the Ministry shall submit and

receive international legal assistance by means of diplomatic channels.(3) If the aforementioned procedure is stipulated by an international agreement or if there is

reciprocity, the Ministry shall submit and receive requests for international legal assistance via the

authorized organ of a foreign state serving as the central organ of communication.(4) Exceptionally, when stipulated by an international agreement, the national judiciary

authority may directly submit a request for international legal assistance to a foreign judiciary

authority or receive it from a foreign judiciary authority, if it commits to submit a copy of therequest to the Ministry.

(5) In urgent cases, if there is reciprocity, the request for international legal assistance may

be submitted and received via the National Central Bureau of the INTERPOL.

(6) Courts and the State Prosecutors Office shall provide for the international legalassistance in criminal matters in accordance with the law.

Article 5


2/14

2

International legal assistance may be provided if an act, which is a subject to international

legal assistance, is considered a criminal offence according to both the national legislation and the

legislation of a foreign state whose judiciary organs submitted the request for international legal

assistance.

Article 6

(1) Unless otherwise prescribed by an international agreement or this Act, along with the

request for international legal assistance from the national or foreign judiciary authority, a

translation of a request shall be enclosed in the language of the state to which the request isdirected or in one of official languages of the Council of Europe, if it is acceptable by the

aforementioned state. Responses to the requests of foreign judiciary authorities shall not be

translated.

(2) The national judiciary authorities shall act upon a request for international legal

assistance from a foreign judiciary authority even if the request is submitted in an electronic formor via other telecommunication means, which provide for the acknowledgment of receipt of the

request, if it is possible to prove its authenticity, and if the foreign judiciary authority is ready tosubmit the original version of the request within 15 days.

Aricle 7

Unless otherwise prescribed by an international agreement or this Act, the signed and

notarized request for international legal assistance contains the following:1) The name and seat of the authority that referred the request;

2) the name of the authority to which the request is referred, and in case its official name is

unknown, it should contain the designation competent judiciary authorities, followed by thename of the state,

3) Legal grounds for provision of international legal assistance;

4) Form of an international legal assistance requested and justification of the request;

5) Legal classification of a committed criminal offence and its short factual description,

except for the case when the request refers to the submission of legal documents (briefs,instruments and others);

6) Citizenship and other personal information of the sentenced person, who is a subject to

international legal assistance and his/her position in a procedure;7) Type of legal document, in case of its submission.

Article 8

Unless otherwise prescribed by an international agreement or this Act, the costs associated with

the provision of international legal assistance in criminal matters, shall be covered by the state to

which the request for international legal assistance is referred, subject to the condition thatreciprocity is guaranteed in this respect.

Article 9

The terms used in this Act shall be defined as follows:

1) National judiciary authorities the court and state prosecutor who are determined by

the law to be in charge of the provision of international legal assistance;


3/14

3

2) Foreign judiciary authority the state organ, which is according to the regulations of a

foreign state, authorized for the provision of international legal assistance;

3) Requesting state a foreign state whose competent judiciary authority sent a request

for international legal assistance;

4) Requested state a foreign state to which a request for international legal assistance is

referred;

5) Request an act by which an international legal assistance is asked for;

6) National law the law of Montenegro.

II. EXTRADITION OF ACCUSED AND SENTENCED PERSONS

Article 10

The extradition of accused or sentenced persons shall be exercised pursuant to this Act,

unless otherwise prescribed by an international agreement.

Article 11

(1) Conditions for extradition based on the request of the Requesting state shall be the

following:

1) That the person sought for extradition is not a Montenegrin national;2) That the act, for which extradition is requested, is not committed on the territory

of Montenegro, against Montenegro or its national;

3) That the act, for which extradition is requested, is considered a criminal offencepursuant to both the national legislation and the legislation of the state in which it is committed;

4) That according to the national legislation, the criminal prosecution is not time-

barred or that there is no limitation for enforcement of a sentence before the person sought forextradition is detained or questioned as a suspect;

5) That the person sought for extradition is not already sentenced for the same

offence before the national court or legally released for the same offence from the nationalcourt, except for the case when conditions for repetition of the criminal procedure stipulated by

the Criminal Code are acquired or that there is no criminal procedure underway against that

person in Montenegro for the commitment of the same offence against Montenegro or aMontenegrin national, and in a case the criminal proceeding is initiated for the offence

committed against a Montenegrin national to have warranties laid out so that the damaged party

can exercise its property-rights request;6) That the identity of the person sought for extradition is determined;

7) That the Requesting state encloses facts and evidences for the existence of

grounded suspicion that the person sought for extradition committed criminal offence or thatthere is a valid legal decision thereof;

8) That it is not about minor offence, in accordance with the Criminal Code.

Article 12

(1) Extradition shall not be granted for a political criminal offence, an act related to a

political criminal offence or military criminal offence in a sense of the European Convention onExtradition (hereinafter: political and military criminal offences).

(2) Restriction from the paragraph 1 of this Article shall not apply to criminal acts ofgenocide, crime against humanity, war crimes and terrorism.


4/14

4

Article 13

(1) Extradition may not be granted for the criminal offence for which the nationallegislation and the legislation of the Requesting state proscribed a sentence of imprisonment up

to six months term or fine.

(2) Extradition may not granted if the convicted person, sought for the purpose of theserve term, is sentenced up to four months term of imprisonment or up to four months of its

uncompleted serve term.

Article 14

If, according to the legislation of the Requesting state, the death penalty is sentenced for an act,

which is a subject to extradition, the extradition request may only be granted on the condition that

the Requesting State provides suitable guarantees that if the extradited person is sentenced to death,such punishment will not be pronounced, or executed.

Article 15

(1) The procedure for extradition of an accused or sentenced person shall be initiated

according to the request of the Requesting state.(2) The extradition request is submitted to the Ministry.

(3) The following documents are enclosed to the request:

1) Data for determining identity of an accused, or convicted person (precisedescription, photograph, fingerprints and others);

2) Statement on citizenship or other data on the person sought for extradition;3) Bill of indictment, final judgment or decision on detention, or other act, which

corresponds to the bill of indictment, final judgment or decision on detention, in its master copy

or notarized copy, with the following data enlisted: the name and surname of the person sought

for extradition, along with other data necessary for determining of its identity, classification of

an act, the name of the criminal offence and evidences for grounded suspicion;4) The excerpt from the Criminal Code of the Requesting state that is to be applied

or is already applied to the sentenced person for an act, which is a subject of extradition, and in

case an act is committed on the territory of a third state, the excerpt from the Criminal Code ofthat state is also enclosed.

(4) If the data and documentations from the paragraph 3 of this Article are submitted in a

foreign language, a notarized copy of translated documents in the Montenegrin language has tobe enclosed.

Article 16

(1) Ministry shall submit the extradition request to the investigating judge of the court onthe territory where the person sought for extradition resides or where it is found by chance.

(2) If the whereabouts of the person sought for extradition are unknown, they will be

established via the competent state organs..(3) If the request is submitted in accordance with Article 15 of this Act, the investigating

judge shall issue an arrest warrant if there is a threat that the person will avoid the extradition

procedure or if there are some other reasons prescribed by the Criminal Code, i.e. the judge shallundertake other measures for securing its presence, except for the case when it is clear from the


5/14

5

request and other submitted documentation that there are no grounded conditions for his

extradition.

(4) Detention from the paragraph 3 of this Article may last at the most until the

enforcement of the extradition decision, but not longer than six months.(5) At a justified request of the Requesting state, the council of the competent court

shall, in legitimate cases, delay the term stipulated by the paragraph 3 of this Article for two

months more.(6) Once he establishes the identity of the person sought for extradition, the investigating

judge shall inform him, without delay, about the reasons and evidences for his extradition and

grant him the right to prepare his defense.(7) The record shall be kept on the subject of investigation and defense. The

investigating judge is obliged to inform immediately the person sought for extradition that he

can hire a defense attorney or to assign him an official defender if a criminal offence requires

obligatory defense according to the Criminal Code.

Article 17

(1) Detention with the aim of extradition, under the conditions from the Article 15 of this

Act, may be determined even before the reception of the request of the Requesting state, if theaforementioned state requires it or if there is a grounded suspicion that the person sought for

extradition had committed a criminal offence for which he can be extradited to the Requested

state.

(2) The investigating judge shall release the person sought for extradition uponsuspension of the reasons for which the detention was determined or if the extradition request is

not submitted within the prescribed deadline, taking into consideration all the circumstances,

and which cannot be longer than 40 days from the day of the detention. Detention determinedbased on the paragraph 1 of this Article can be terminated if the request is not submitted within

the period of 18 days from the day of detention of the person sought for extradition.

(3) The Ministry, without further delay, shall inform the Requesting state about thedeadlines established by the investigating judge. Exceptionally, if there are legitimate reasons,

the investigating judge may, at the request of the Requesting state, delay the detention term for

30 days at the most.

Article 18

(1) Upon the hearing of the state prosecutor and defender, the investigating judge shall,

if necessary, undertake further operations for the purpose of establishing whether there are

conditions for extradition, or surrender of the property on which or by means of which thecriminal act was committed, if that property is confiscated from the person sought for

extradition.

(2) Upon the completion of operations from the paragraph 1 of this Article, theinvestigating judge shall submit the documentation along with his statement of opinion on the

matter to the competent council.

(3) If a criminal procedure against the person sought for extradition is underway before

the national court for the same or other criminal offence, the investigating judge will note it inhis documentation.

Article 19


6/14

6

(1) If the council of the competent court finds that the conditions for extradition, whichare stipulated by this Act, are not fulfilled it shall pass a decision for rejection of the extradition

request.

(2) The court, by the legal duty, shall submit the decision from the paragraph 1 of thisArticle directly to the higher court, which, upon the hearing of the state prosecutor, may

confirm, cancel or alter the decision.

(3) If a person sought for extradition is detained, the council of the competent court may

decide to delay his detention until the legal validity of the decision on the rejection of hisextradition.

(4) The legally valid decision, which will cancel the extradition, shall be submitted to the

Ministry, which will inform the Requesting state thereof.

Article 20

(1) If the council of the competent court finds that the conditions for extradition, whichare stipulated by this Act, are fulfilled, it shall pass an extradition decision.

(2) The person sought for extradition can lodge an appeal directly to the Supreme Court

against the decision from the paragraph 1 of this Article, within three days from the day of thereceipt of the decision.

Article 21

If the Second Instance Court verifies the decision from the Article 20 of this Act or if no

appeal was made against the First Instance Courts decision, the case shall be submitted to thecompetent Minister in charge of judicial affairs ( hereinafter: Minister) to decide on the

extradition permit. .

Article 22

(1) In the case from the Article 21 of this Act, the Minister shall decide on issues of

extradition.(2) Once extradition has been granted, the Minister may decide to delay extradition if the

criminal procedure against the person sought for extradition is underway for other offences

before the national court or if such person is serving a sentence of imprisonment in Montenegro.

(3) The Minister shall not allow extradition of the person who have been granted theright to asylum in Montenegro or if it may be assumed with good reason that the person sought

for extradition would be exposed to prosecution or punishment on the account of his ethnicity,

religion, nationality, belonging to a certain social group or his political views or if his positionwould be rendered more difficult because of one of the aforementioned reasons.

(4) The Minister will not allow extradition if the criminal proceeding that preceded

surrender of the person sought for extradition deprived him from the right to defense.

Article 23

(1) In the extradition decision, the Minister shall state that without the consent of

Montenegro:


7/14

7

1) The person sought for extradition shall not be prosecuted for other criminal

offence committed prior to his extradition.

2) The person sought for extradition shall not be sentenced for other criminal offence

committed prior to his extradition,3) The person sought for extradition shall not be sentenced to more severe

punishment than the one he was already sentenced,

4) The person sought for extradition may not be extradited to the third state for thepurpose of prosecution for a criminal offence committed prior to the allowed extradition.

(2) Apart from the conditions from the paragraph 1 of this Article, the Minister may also

establish other conditions for extradition.

Article 24

(1) The Requesting state shall be informed about the decision made on the extradition

request.

(2) The decision with granted extradition shall be submitted to the state organ in chargeof internal affairs, which is in charge of accompanying the person sought for extradition to the

border point, where he will be transferred to the authorities of the Requesting state on the agreed

place.

Article 25

(1) The Requesting state shall take over the person for whom the extradition wasgranted, within 30 days from the day of delivery of the extradition request.

(2) The Minister may extend the deadline stipulated by the paragraph 1 of this Article for

another 15 days, on the account of a proper justification of the Requesting state.(3) In the event that the transfer has not been completed by the expiration of the deadline

from the paragraphs 1 and 2 of this Article, the person to be extradited shall be immediately

released, and the Minister may reject the new extradition request ordered for the same criminaloffence.

Article 26

If two or more states request extradition of the same person for the same or more different

criminal offences, a decision on the state to which the person is to be extradited shall be made

following due consideration of the nature of the offence or offences, the place of commission, thechronological order of the requests, the nationality of the person concerned, possibility of

extradition to other state and any other relevant circumstances.

Article 27

(1) If a foreign state requests for extradition from other foreign state, and if a person

sought for extradition needs to be transferred via the Montenegrin territory, the extradition maybe allowed by the Minister based on the request of the Requesting state, under the condition that

the person concerned is not a national of Montenegro and that the extradition is not performed

because of a political or military criminal offence.

(2) The request for the transfer of the person via the territory of Montenegro contains thedata and documentation from the Article 15, paragraph 3 of this Act.


8/14

8

(3) In the event that the transit is planned by air transport without landing, the

authorization from the paragraph 1 of this Article is not necessary.

(4) The Requesting state shall inform the Ministry of the transfer from the paragraph 3 of

this Article. The notification contains the following date: the name and surname of the person tobe transferred via the Montenegrin territory, the name of the state to which he/she is extradited,

description of the criminal offence for which he/she is extradited, as well as the time of the

transit flight.

Article 28

(1) At the request of the Requesting state, the competent court shall seize and surrender

property that may serve as physical evidence or that was acquired as a result of the criminal

offence.

(2) The property items from the paragraph 1 of this Article shall be surrendered even if the

approved extradition cannot be performed due to the death or escape of the person sought forextradition.

(3) If the property from the paragraph 1 of this Article is subject to the seizure orconfiscation in the territory of Montenegro, it may be temporarily kept or surrendered for the

purpose of the ongoing criminal procedure under the condition that the property is returned.

(4) The property from the paragraph 1 of this Article, upon which Montenegro or thirdparties have claim, shall be returned to Montenegro as soon as possible upon the completion of the

hearing. The Requesting state shall bear the costs of the return of the property.

Article 29

(1) A person for whom a foreign state submitted an extradition request, upon fulfillment ofall conditions for extradition prescribed by this Act, may be extradited by shortened procedurewith the consent of that person.

(2) The consent from the paragraph 1 of this Article will be entered into the record before

the competent court in line with the Criminal Code, in a way that guarantees the consent had been

made voluntarily and that the person sought for extradition was aware of the consequences of thegiven consent. The consent made cannot be revoked. .

(3) The competent court shall pass the extradition decision on the shortened procedure.

(4) The court shall, without delay, inform the Ministry of the decision from the paragraph3 of this Article and the Ministry shall inform the Requesting state.

(5) The extradition by the shortened procedure has effect of the extradition by the regular

procedure.

Article 30

The Requesting state shall bear all the costs arisen out of the territory of Montenegro.

Article 31

(1) If a criminal procedure is conducted in Montenegro against a person, who is on the

territory of a foreign sate, or if the competent court in Montenegro had already sentenced the

person who resides in a foreign state, the Minister may submit the extradition request.

(2) The request shall be submitted to the Requested state through diplomatic channelswith the documentation and data from the Article 15 of this Act.


9/14

9

Article 32

(1) When there is a danger that the person sought for extradition will escape or hide, theMinister may, even before he/she acts in accordance with the Article 31 of this Act, request for a

provisional detention of the person or other measures for prevention of his/her escape.

(2) In the request for provisional detention, the following data shall be particularly listed:the date on the identity of the person sought for extradition, the classification of the criminal

offence for which the person is requested, bill of indictment, final judgement or detention

decision, date, place and name of authority which ordered detention, or date on the legal validityof the judgement, as well as the statement that extradition will be asked thorugh the regular

procedure.

Article 33

(1) If a person sought for extradition is extradited, he/she may be prosecuted, or sentencedfor a criminal offence for which the extradition is granted.

(2) If the person from paragraph 1 of this Article is lawfully convicted by the competent

court in Montenegro for other criminal offences committed prior to his extradition, for whosecommission extradition is not allowed, provisions of the Criminal Code are applied accordingly to

the alteration of the judgment without the repetition of the procedure.

(3) If extradition is allowed under specific conditions regarding the type and degree of

sentenced penalty, or enforced and accepted under the aforementioned conditions, the court shallabide by those conditions when pronouncing the sentence, and if it is about the enforcement of

already pronounced sentence, the court that judged in the last instance shall alter the judgment and

pronounce the sentence in accordance with the conditions of extradition.(4) If an extradited person was kept in custody in the foreign state for a criminal offence for

which he/she was extradited, the amount of time he/she spent in detention shall be taken into

account in the sentence imposed by the court.

III. SURRENDER AND ACCEPTANCE OF CRIMINAL PROCEEDINGS

Article 34

(1) If a criminal offence was committed in the territory of Montenegro by a foreignerliving abroad, no matter of the conditions from Article 11 of this Act, the criminal

documentation for the purpose of criminal prosecution and trial may be surrendered to that stateif it does not oppose this proposal.

(2) Prior to issuance of the decision on the conduct of the investigation, the decision on

surrender of the criminal proceeding shall be ordered by the competent state prosecutor, and if

the solution had been passed before the beginning of the main hearing, then the decision onsurrender of the criminal proceeding shall be passed by the council of the competent court

comprised of three judges.

(3) The decision on surrender of criminal proceeding may be passed for criminaloffences for which a sentence to ten-year term of imprisonment is proscribed, as well as for

criminal offences for endangering of order in public transport.

(4) If a Montenegrin national is a damaged party, surrender of criminal proceeding is not

allowed if it is against the damaged partys will, except for the case when he was grantedguarantees for enforcement of his/her property-rights request.


10/14

10

(5) If a sentenced person is in detention, the Requested state shall be asked to inform

competent organs in Montenegro in the shortest possible way, within 15 days, if it shall accept

criminal proceeding.

Article 35

The competent court or state prosecutor shall submit the request for surrender of criminal

procedure along with the decision on surrender of criminal proceeding and documentation to the

Ministry.

The Ministry shall submit the request for surrender of criminal proceeding to the competent

organ of the Requested state, in accordance with the Article 4 of this Act.

Article 36

(1) The request for acceptance of a criminal proceeding against a Montenegrin national

or a person with residence in Montenegro for criminal offence committed in the Requesting

state, along with the documentation shall be referred to the competent state prosecutor in thestate in which the person has the residence.

(2) If the property right request is submitted to the competent organ of the Requesting

state, it shall be considered as if the request is submitted to the competent court.(3) The Requesting state shall be informed of the refusal of acceptance of the criminal

procedure, as well as the legally valid decision passed in the criminal procedure, in accordance

with the Article 4 of this Act.

Article 37

(1) In case of acceptance of the criminal procedure based on the request from the Article36 of this Act, the national law shall be applied.

(2) The law of the foreign state shall be applied in case when it is less strict for the

sentenced person.

IV. ENFORCEMENT OF CRIMINAL JUDGMENT OF FOREIGN STATE

Article 38

(1) The competent court in Montenegro shall enforce legally valid criminal sentence of

the foreign court if that is stipulated by an international agreement or in the event of reciprocity,and if the criminal sanction is determined in accordance with the national legislation.

(2) In the case from paragraph 1 of this Article, the competent court shall determine the

sentence in the council composed of three judges, without the presence of parties.(3) Residential competence of the court shall be determined according to the last place

of residence of the sentenced person in Montenegro, and in the event that the sentenced person

did not have residence in Montenegro, according to the place of his/her birth. If the sentencedperson neither has the place of residence nor was born in Montenegro, the Supreme Court of

Montenegro shall appoint one of the competent courts to conduct the proceeding.

(4) In pronunciation of the sentence from paragraph 2 of this Article, the court shallinclude the full pronunciation and the name of the court from the judgment of the foreign court

and determine sanction. In the justification of the judgment, all the reasons the court took in


11/14

11

consideration when determined the sanction shall be included along with all the reasons of the

foreign court whose judgment is being enforced.

(5) The state prosecutor, sentenced person or his/her attorney may lodge an appeal

against the ruling.

Article 39

(1) If the foreign court had pronounced the criminal sanction that was not stipulated by the

national legislation, the competent court of Montenegro shall pronounce the criminal sanction,

which, according to the type and degree of enforcement, is closest to the criminal sanctionpronounced by the foreign court.

(2) In the case of the paragraph 1 of this Article, the criminal sanction may not be stricter

than the criminal sanction pronounced by the foreign court.

Article 40

Provisions of the national legislation on amnesty and conditional release shall be appliedalso to the persons sentenced by the foreign criminal judgment, which have been enforced in

Montenegro.

Article 41

(1) Criminal judgment of the court of Montenegro may be enforced in the foreign state if itis stipulated by an international agreement or in the event of reciprocity.

(2) If the foreign national in Montenegro or the competent organ authorized by an

international agreement submits the request to the competent court in Montenegro that thesentenced person shall serve the sentence in his/her own state, the court shall abide by theinternational agreement.

V. OTHER TYPES OF INTERNATIONAL LEGAL ASSISTANCE

Article 42

Other types of international legal assistance are the following: delivery of acts, writtenmaterials and other subjects regarding the criminal procedure in the Requesting state, reciprocal

exchange of information, as well as enforcement of certain proceedings, hearing of the sentenced

person, witness and court appointed expert, including hearings by video and telephone conference,judicial examination of the spot, search of premises and persons, temporary seizure of property,

measures of secret camera surveillance, DNA analysis, temporary transfer of the person deprived

of liberty for the purpose of testimony, delivery of date from the criminal record and other

procedural operations.

Article 43

(1) The Ministry shall submit and receive requests for all the types of international legalassistance from Article 42 of this Act pursuant to Article 4 of this Act.

(2) The court shall decide on the type of enforcement of the procedure subject to the

request of the foreign legal authority in accordance with the national legislation and an

international agreement.


12/14

12

Article 44

(1) At the request of the foreign legal organ, the national legal organ may allow for the

presence of the foreign officer and the person who has legal interest in the enforcement of theproceeding stipulated by the request.

(2) In the event of approval of the presence by the request from paragraph 1 of this Article,

the national legal authority shall submit a notification to the foreign legal organ on the place andtime of the enforcement of the operation stipulated by the request.

Article 45

The proceeding taken over by the foreign legal authority in accordance with its legislation

shall be equated in the criminal procedure with the respective proceeding undertaken by the

national legal authority, unless it is not in confrontation with principles of the national legal system

and generally accepted rules of the international law.

Article 46

International legal assistance shall not be provided if the request refers to the military

criminal matters.

Article 47

International legal assistance from Article 42 of this Act may be rejected if:1) The request of the Requesting state refers to political criminal offences;

2) The fulfillment of the request of the Requesting state would prejudice sovereignty, legal

order, security and other important interests of Montenegro.

Article 48

(1) The national legal organ may delay provision of international legal assistance from the

Article 42 of this Act in the event that it is necessary for the criminal prosecution or conduct of thecriminal procedure that is underway before the national legal organs, and which is related the

delivered request.

(2) If the national legal organ delays provision of international legal assistance, inaccordance with the paragraph 1 of this Article, it shall inform the Requesting state thereof along

with listed reasons for the delay.

Article 49

(1) The person who is deprived of liberty in Montenegro may as a witness, for the purpose

of hearing, confrontation or investigation, be temporarily transferred to the Requesting state, by therequest of its competent legal authority, for the purpose of the procedure initiated there, if:

1) he/she gives the statement in the record before the competent court that he/she

conforms to the temporary transfer;2) the duration of deprivation of liberty shall not be delayed because of the temporary

transfer and that criminal procedure that is underway against him/her in Montenegro will not be

impeded;

3) he/she shall not be punished during the temporary transfer sentenced to othersanction;


13/14

13

4) it is provided that the transferred person will be, upon the completion of the

proceeding, immediately transferred back to Montenegro;

(2) The requesting state is obliged to return the person from paragraph 1 of this Article to

Montenegro, without delay, immediately upon the completion of the proceeding, and to the latestwithin 60 days.

(3) The competent court composed of three judges shall issue a decision on the transfer,

and the enforcement shall be conducted according to the Article 24, paragraph 2 of this Act.(4) The person whose transfer is requested shall have right to lodge an appeal against the

decision from paragraph 3 of this Act to the competent court within three days from the day of

delivery of the decision.

Article 50

In the event that the criminal proceedings are related to production and issuance of forged

money, money laundry, unauthorized production, processing and sale of drugs and poisons, humantrafficking, as well as to other criminal offences, which, according to international treaties,

stipulate centralization of the data, the authority, before which the criminal procedure has beenconducted, is obliged to, without delay, submit the data on criminal offences and perpetrator to the

National Central Bureau of INTERPOL, while the First Instance Court shall determine legally

binding judgment.

Article 51

(1) At the request of the national legal authorities, the Ministry shall acquire, from the

competent foreign legal authorities, texts of regulations that have been valid in other states, and

when necessary also notifications on certain legal matters(2) At the request of the foreign legal authorities, the Ministry shall submit texts of

national regulations or notifications on certain legal matter.

Article 52

(1) International legal assistance from Article 42 of this Act shall be provided also to the

European Court for Human Rights and the European Court of Justice, pursuant to this Act.

(2) A separate law shall regulate provision of international legal assistance to theInternational Criminal Court.

Article 53

The costs of the experts examination, as well as the costs of the temporary transfer of the

person deprived of liberty for the purpose of hearing in the Requesting, state shall be born by the

Requesting state.

VI. TRANSITIONAL AND FINAL PROVISIONS

Article 54

Unless otherwise stipulated by this Act, the provisions of the Criminal Code shall be

applied to the procedure of provision of international legal assistance.


14/14

14

Article 55

Acts of provision of international legal assistance that are underway on the day of the

enforcement of this Act shall be conducted according to provision from Title XXX and XXXI ofthe Criminal Code Official Gazette of SFRY, no. 4/77, 14/85, 74/87, 57/89 and 3/90 and

Official Gazette of SFRY, no. 27/92 and 24/94).

Article 56

Upon the enforcement of this Act, the provisions of Title XXX and XXXI of the CriminalCode Official Gazette of SFRY, no. 4/77, 14/85, 74/87, 57/89 and 3/90 and Official Gazette of

SFRY, no. 27/92 i 24/94) shall cease to be valid.

Article 59

The Act shall enter into force on the eight day from the day of its proclamation in theOfficial Gazette of Montenegro.

SU-SK Number 01-836/5

Podgorica, 26 December 2007

PARLIAMENT OF MONTENEGRO

PRESIDENT

Ranko Krivokapi

Documents

The Law on International Legal Assisstance in Criminal Matters