Refusal of ICC request - protection of national security

Republic of Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One
GENERAL PROVISIONS

Chapter VII
EVIDENTIARY ACTIONS

2. PROVISIONAL SEIZURE OF OBJECTS, PROPERTY GAIN AND PROPERTY

Denial of Disclosure or Issuing of Files

Article 86
(1) State authorities may refuse to disclose or issue their files and other documents if they deem that disclosure of their contents would cause damage to the public interests, with the exception of case
referred to in Article 90 of the present Code. If disclosure or handover of files and other documents was denied, the final decision shall be made by the panel referred to in Article 24, paragraph 7 of
the present Code.

(2) Enterprises or other legal entities may request that data related to their business operations are not publicly disclosed. The panel referred to in Article 24 paragraph 7 of the present Code shall
decide on the request.

Rome Statute

Article 93 Other forms of cooperation

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.