Protection of safety of physical or psychological well-being of victims, witnesses and families

Republic of Montenegro

Montenegro - Criminal Procedure Code (amend 2015) (EN)

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 illfounded, the authority conducting the proceedings shall caution witnesses 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) At their request, whistleblowers heard as witnesses may also be provided protection, in the manner referred to in paragraph 2 of this Article.”

(4) 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.

(5) The court shall inform the witness on the rights referred to in para. 1 to 4 of this Article.

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.

Rome Statute

Article 87 Requests for cooperation: general provisions

4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.