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 residence 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.