Examination of places or sites - national proceedings

Republic of Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One

Chapter VII


Conducting Crime Scene Investigation

Article 133
Crime scene investigations shall be conducted when direct observation is needed to establish or clarify some relevant facts in the procedure.

Reconstruction of Events

Article 134
(1) In order to verify the evidence presented or to determine the facts relevant to the clarification of the matter, the authority conducting the procedure may order a reconstruction of the event which shall be conducted by reproducing the acts or situations under conditions that, according to the evidence presented, existed at the time when the event took place. If acts or situations were described differently in the statements of certain witnesses or accused persons, the events shall, as a rule, be separately reconstructed with each of them.

(2) The action referred to in paragraph 1 of this Article may be carried out in whole or partially by using adequate technical means.

(3) Reconstructions may not be performed in such a manner to breach public peace order and offend morality or endanger human life or health.

(4) Where necessary, certain evidence may be presented again during the reconstruction.

Assistance of an Expert and Expert Witness

Article 135
(1) The authority conducting the crime scene investigation or reconstruction may ask for the assistance of an expert in forensics, traffic science or other expert who shall, where necessary, undertake measures to discover, secure or describe traces, execute the necessary measurements and recordings, make sketches or collect other data.

(2) Expert witnesses may also be summoned to be present at the crime scene investigation or reconstruction if their presence would be useful for providing findings and opinions.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(g) The examination of places or sites, including the exhumation and examination of grave sites;