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.
Official Language in Criminal Proceedings
Article 7
(1) In criminal proceedings, the official language shall be the Montenegrin language.
Official Language in Criminal Proceedings
Article 7
(2) In courts having jurisdiction over the territory in which members of minority nations and other minority ethnic communities (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.
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.
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 person with impaired hearing, the questions shall be asked in writing, and if s/he is person with impaired speech, s/he shall be asked to answer in writing. If the hearing may be performed in such a manner, a person with whom the accused person is able to communicate shall be
summoned as an interpreter.
1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.
2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.
3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.