Law of Evidence at Montenegro
In Montenegro, the law of evidence is governed by separate legal frameworks for civil and criminal proceedings, primarily the Law on Civil Procedure and the Criminal Procedure Code. These statutes outline the rules for the admissibility, evaluation, and presentation of evidence in Montenegrin courts.
⚖️ Civil Proceedings – Law on Civil Procedure
1. Admissibility of Evidence
Under the Law on Civil Procedure, evidence must be obtained in a manner prescribed by law. Only material that proves or disproves at least one circumstance relevant for a fair disposition of the case may be regarded as evidence.
2. Types of Evidence
The Law on Civil Procedure allows various types of evidence, including:
Documents: Written records, contracts, and other formal documents.
Witness Testimony: Oral statements made by witnesses during court hearings.
Expert Opinions: Testimonies provided by court-appointed experts.
Party Testimony: Statements made by the parties involved in the litigation.
Judicial Inspection: Examination of places or items relevant to the case.
3. Presentation of Evidence
Parties must submit evidence in a timely manner and according to the procedure prescribed by the Law on Civil Procedure. Failure to do so may result in the evidence being inadmissible.
⚖️ Criminal Proceedings – Criminal Procedure Code
1. Admissibility of Evidence
The Criminal Procedure Code stipulates that evidence must be obtained in a manner prescribed by law. Only material which proves or disproves at least one circumstance relevant for a fair disposition of the case may be regarded as evidence.
2. Types of Evidence
The Criminal Procedure Code allows various types of evidence, including:
Documents: Written records, contracts, and other formal documents.
Witness Testimony: Oral statements made by witnesses during court hearings.
Expert Opinions: Testimonies provided by court-appointed experts.
Physical Evidence: Tangible objects relevant for the investigation of a criminal act and the trial.
3. Protection of Rights
The Criminal Procedure Code ensures the protection of the rights of the accused, including the right to a fair trial, the right to remain silent, and the right to legal representation.
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