National procedures for inclusion in programme – witness protection

Republic of Montenegro

Criminal Procedure Code of the Republic of Montenegro

Part One

Chapter VII

Protection of Witnesses from Intimidation
Article 120

(1) (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 ill-founded, 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) 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.

(4) The Court shall inform the witness on the rights referred to in paragraphs 1, 2 and 3 of this Article.

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:

(j) The protection of victims and witnesses and the preservation of evidence;