Reasons for Search of Dwellings, Other Premises, Movable Articles and Persons
Article 75

(1) Search of dwellings and other premises of the accused persons or other persons as well as their movable articles outside the dwellings may be carried out if grounds for suspicion exist that in the course of search the perpetrator would be caught or that traces of the criminal offence or objects relevant to the criminal procedure would be found.

(2) The search of movable articles within the meaning of paragraph 1 of this Article shall include the search of computers and similar devices for automatic data processing to which the computer is connected. At the request of the court, the person using a computer shall enable access to the computer and removable storage used for storing information relative to the object of the search (discs, USB flash discs, USB hard discs, diskettes, tapes and alike), as well as give necessary information on the use of the computer. Persons who refuse to do so although reasons referred to in Article 111 of the present Code do not exist may be punished pursuant to Article 85 paragraph 3 of the present Code.

(3) Search of persons may be carried out if grounds for suspicion exist that in the course of search traces and objects relevant to the criminal procedure would be found.


Search Warrant and Request for a Search Warrant
Article 76

(1) A search warrant shall be issued by the court at the request of the State Prosecutor or at the request of an authorized police officer granted authorization by the State Prosecutor, and it shall
be enforced by the police.

(2) A request for the issuance of a search warrant shall be submitted in writing, and only exceptionally orally in line with Article 78 of the present Code.


Contents of the Request for a Search Warrant
Article 77

The request for issuing a search warrant shall contain:
1) the name of the applicant,
2) the name of the court to which the request is addressed,
3) facts indicating the likelihood that reasons for search exist referred to in Article 75 of the present Code,
4) the first and the last name, and, if necessary, a description of the person to be apprehended during the search of dwellings or other premises, or expected traces and a description of objects that should be found by the search,
5) the designation of the location of the search, by indicating the address, information about the owner or the person in possession of the objects, dwellings or other premises and any other information of importance to establish the identity, and
6) signature of the applicant.


Verbal Request for a Search Warrant
Article 78
(1) A verbal request for issuing a search warrant may be filed when risk of delay exists.

(2) The request from paragraph 1 of this Article may be communicated to the investigating judge also by telephone, radio or other means of electronic communication.

(3) When a verbal request for issuing a search warrant has been submitted, the investigating judge shall record the further course of conversation. If a voice recording device has been used or stenographic records kept, a transcription thereof shall be made within 24 hours, the identity of which shall be certified and kept with the original records.


Search Warrant
Article 79
(1) When the investigating judge receives the request for issuing a search warrant, if s/he agrees with the request, s/he shall immediately issue a search warrant containing:

1) the information provided for in Article 77 of the present Code;
2) that the search will be conducted by the police;
3) an instruction that the search is being done in accordance with Article 80 of the present Code;
4) signature of the judge and the official stamp of the court.

(2) If the investigating judge determines that the request for issuing a search warrant is not justified, s/he shall immediately request the panel referred to in Article 24, paragraph 7 of the present Code to decide on the request. The panel shall make a decision within 24 hours.


Search Upon a Court Order
Article 80
(1) Before the commencement of the search, the search warrant shall be given to the person to be searched or whose premises are to be searched. Before the search, the persons against whom the search warrant has been issued shall be asked to voluntarily hand over the wanted person or objects. Those persons shall be instructed that they are entitled to retain a lawyer i.e. a defense attorney who may be present during the search. If a person against whom a search warrant has been issued demands the presence of a lawyer or defense attorney, the commencement of the search shall be postponed until his/her arrival, but for no more than two hours.

(2) The search may commence without previously presenting a warrant or without a previous invitation to hand over the person or objects and without an instruction on the right to a defense attorney or lawyer, if it is necessary in order to prevent a criminal offence from being committed, for the purpose of outright capture of a criminal offender, saving of persons and property or if the search is to be carried out in public premises.

(3) The search shall be carried out by day from 6:00h until 21:00h. The search may be carried out by night as well, if it was commenced during the day and was not completed or if it was explicitly ordered so by the court because of risk of delay or if reasons referred to in Article 83 paragraph 1 of the present Code exist.


Rules of Search
Article 81

(1) The occupants of a dwelling or other premises shall be summoned to attend the search, and if they are absent, their representative, adult members of his family or neighbors shall be summoned to attend.

(2) Premises that are locked, furniture and other things shall be opened by force only if their occupant is absent or if the occupant is refusing to open them voluntarily. Unnecessary damage shall be avoided in the course of opening.

(3) The search of a dwelling or person shall be attended by two citizens of age in the capacity of witnesses, unless reasons referred to in Article 83 paragraph 4 of the present Code exist. The search of persons shall be carried out by a person of the same sex, and a person of the same sex shall be taken as a witness. Before the commencement of the search, witnesses shall be admonished to pay attention to the course of the search, as well as that they have the right to raise their objections before the signing of the record on the search, should they consider that the contents of the record are incorrect.

(4) When conducting a search of premises of state authorities, enterprises or other legal entities, a head of such authorities, enterprises or other legal entities shall be summoned to be present at the search.

(5) Search and inspections of military facilities shall be carried out upon the permission of the competent military officer and in the presence of a person designated by him/her.

(6) If a search needs to be carried out aboard a ship or aircraft the search warrant shall be delivered to the captain of the ship or person in charge of the aircraft. The captain of the ship or the person in charge of aircraft, or a person designated by them shall witness the search.

(7) The search of dwellings and persons shall be carried out carefully, while respecting human dignity and the right to privacy, without unnecessary disturbance of the house rules and without causing nuisance to the citizens.

(8) A record shall be made on the search signed by the person whose premises have been searched or who has been searched and by persons whose attendance at the search is mandatory. The course of the search may be audio and audio-visually recorded while paying special attention to the places where certain persons and objects have been found. The venue of the search and its individual parts, as well as the persons or objects found during the search may be photographed. Audio or audiovisual recordings and photographs shall be enclosed to the record on the search and may be used as evidence.

(9) Only those objects and documents that relate to the purpose of the search shall be provisionally seized in the course of the search. The records shall include and clearly specify the objects and documents that have been seized, which shall also be indicated in a receipt to be given immediately to the person from whom the objects or documents have been seized.


Seizure of Other Objects on Basis of a Search Warrant
Article 82

(1) If a search of a dwelling or a person reveals objects that are unrelated to the criminal offence for which the search was ordered, but indicate the commission of another criminal offence that is prosecuted by virtue of office, they shall be described in the record and provisionally seized, and a receipt confirming seizure shall be issued immediately.

(2) If the search was not attended by the competent State Prosecutor, s/he shall immediately be informed about the discovery of objects referred to in paragraph 1 of this Article for the purpose of initiating criminal procedure. These objects shall be returned immediately if the State Prosecutor establishes that there are no grounds to initiate criminal proceedings and if no other legal grounds for the seizure of these objects exist.

(3) If certain objects are seized during the search of computers and similar devices for automatic data processing, they shall be immediately returned to their users, if they are not needed for further procedure. Personal information obtained during the search may be used only for the purposes of conducting a criminal procedure and shall be erased as soon as that purpose
ceases.


Entering Another Person’s Dwellings without a Search Warrant and Searching
Article 83

(1) An authorized police officer may enter another person’s dwelling or other premises without a court order and, if necessary, carry out the search, if the tenant so requires or if somebody is seeking help or if it is necessary for the purpose of preventing the commission of a criminal offence or direct capturing of a criminal offender, or for the purpose of saving people and property, enforcement of a decision on detention or bringing in the accused person or other person, or for the purpose of deprivation of liberty of a criminal offence perpetrator who is on the run or a person from the arrest warrant, or if the search is to be carried out in public premises.

(2) The tenant, if present, shall have the right to object to the procedure of the authorized police officer referred to in paragraph 1 of this Article. The authorized police officer shall inform the tenant about this right and shall include his/her objections in the receipt on entering the dwelling or in the search record.

(3) In case referred to in paragraph 1 of this Article, if another person’s dwelling was only entered without search, the tenant shall be issued a receipt stating the reason for entering the dwelling or other premises as well as the tenant’s objections. If search was also carried out in another person’s dwelling or other premises, the procedure shall be the one referred to in Article 81, paras. 3, 7 and 8 and Article 82, paragraph 1 of the present Code.

(4) A search may also be carried out without the presence of witnesses if their presence during the search would expose the witnesses to risk of physical injuries or if it is not possible to arrange their presence immediately, and risk of delay exists.The reasons for the search without the presence of witnesses shall be specified in a record.

(5) Authorized police employees may, without a search warrant and without the presence of witnesses, carry out a search of persons when enforcing a warrant on compulsory apprehension or when depriving of liberty, if suspicion exists that the person owns weapons or dangerous tools, or if suspicion exists that the person would reject, hide or destroy the objects that need to be taken from him/her as evidence in a criminal procedure.

(6) If there are grounds for suspicion that criminal offence was committed that is prosecuted by virtue of office, authorized police employees may, without a court warrant and without the presence of witnesses, carry out the search of transport means, passengers, luggage and other movable objects, with the exception of things referred to in Article 75 paragraph 2 of the present Code.

(7) When conducting a search without a search warrant, authorized police officers shall immediately submit thereon a report to the investigative judge.


Legally Invalid Evidence
Article 84
If the search was conducted in contravention to the provisions of Article 76, Article 80 paragraph 1, Article 81 paragraph 3 and Article 83 of the present Code, search records and evidence collected during the search may not be used as evidence in the course of criminal procedure.

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.


Manner of Hearing
Article 101
(1) Questions shall be put to the accused persons in a clear, comprehensible and precise manner so that they can fully understand them. The hearing may not be based on the assumption that the accused persons have confessed something that they have not confessed, nor should leading questions be
asked.

(2) If the subsequent statements of the accused persons differ from previous ones, and especially if accused persons revoke their confession, the court may summon them to give an explanation why they have given different statements, that is, revoked their confession.


Confrontation
Article 102

(1) The accused person may be confronted with a witness or another accused person if their statements regarding relevant facts do not correspond.

(2) The confronted persons shall be placed one towards the other and shall be requested to repeat to each other their statements regarding each disputable circumstance and to argue whether their statements are true. The court shall enter in the record the course of confrontation as well as the final statements of the confronted persons.

(3) Confrontantion may be recorded in an audio or audiovisual form, in which case a transcript of audio recording shall be made.


Identification of Persons or Objects
Article 103

(1) If it is needed to establish whether the accused persons recognize a certain person or object that they have previously described, that person shall be presented to them, together with other unknown persons whose basic physical characteristics are similar to the ones they have described, or that object, together with other objects of the same or similar kind. Afterwards, the accused persons shall be asked to state whether they identify the person or object with certainty and if positive, to indicate the identified person or object.

(2) In the preliminary investigation and in the investigation, identification shall be conducted by the State Prosecutor who shall previously instruct the accused person on the rights referred to in Article 100 paragraph 2 of the present Code.

(3) Identification shall be conducted so that the person who is the object of identification may not see the accused person, nor may the accused person see that person before identification commences.

(4) Record shall be composed on the course of identification and on the statements of the accused person and a joint photo taken of persons or objects being identified, and where appropriate,
audio or audiovisual recording may be carried out.


Entering the Accused Person’s Statements in the Record
Article 104

(1) The accused person’s statement shall be entered in the record in a narrative form while the questions asked and answers shall be entered in the record only when they relate to the criminal case.

(2) The accused persons may be permitted to dictate their statement into the record themselves.

(3) The accused person’s statement may be audio or audiovisually recorded, in which case a transcript of the audio record shall be made. A recording of the accused person’s statement shall constitute an integral part of the record on the hearing of the accused person and it may be used as evidence. A copy of the record or recordings shall be given to the accused persons if they requests so.


Confession of the Accused Person and Further Collection of Evidence
Article 105

(1) In the case of confession of the accused person, the authority conducting the procedure shall continue collecting evidence on the criminal offence only if the confession is obviously false, incomplete, contradictory or unclear.

(2) By way of exception from paragraph 1 of this Article, the authority conducting the procedure may decide not to collect evidence on the criminal offence when the confession is full, clear and true.


Interrogation of the Accused Person through Interpreters
Article 106

(1) The hearing of the accused person shall be carried out through an interpreter in cases envisaged by this Code.

(2) If the accused person is person with impaired hearing, the questions shall be asked in writing, and if s/he is person with impaired speech, s/he shall be asked to answer in writing. If the hearing may be performed in such a manner, a person with whom the accused person is able to communicate shall be summoned as an interpreter.

(3) If the interpreter has not previously taken an oath, s/he shall take the oath stating that s/he would faithfully communicate questions put to the accused person as well as statements given by the accused person.

(4) Provisions of the present Code referring to expert witnesses shall be applied accordingly to interpreters.

Persons Who May Be Heard as Witnesses
Article 107

(1) Persons who are likely to provide information regarding the criminal offence and the perpetrator and other relevant circumstances shall be summoned as witness.

(2) The injured party, subsidiary prosecutor and private prosecutor may be heard as witnesses.

(3) Every person summoned as witness shall answer the summons and, unless otherwise prescribed by this Code, shall testify as well.