Constitution of Montenegro (Official Gazette of Montenegro, No. 1/2007 and 38/2013)
28
- Jurisdiction
- Montenegro
- Provision
- 28
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceArticle 28. Dignity and inviolability of persona
Human dignity The dignity and security of a man shall be guaranteed.
Right to privacy The inviolability of the physical and mental integrity of a man, and privacy and individual
rights thereof shall be guaranteed.
Prohibition of torture No one can be subjected to torture or inhuman or degrading treatment.
Prohibition of cruel treatment
Prohibition of slavery No one can be kept in slavery or servile position.
Protection from unjustified restraint Article 29. Deprivation of liberty
Everyone shall have the right to personal liberty.
Deprivation of liberty is allowed only for reasons and in the procedure provided for by
law.
Trial in native language of accused Person deprived of liberty shall be notified immediately of the reasons for the arrest
thereof, in own language or in the language he/she understands.
Protection from self-incrimination Concurrently, person deprived of liberty shall be informed that he/she is not obliged to
give any statement.
At the request of the person deprived of his/her liberty, the authority shall immediately
inform about the deprivation of liberty the person of own choosing of the person
deprived of his/her liberty.
Right to counsel The person deprived of his/her liberty shall have the right to the defense counsel of
his/her own choosing present at his interrogation.
Montenegro 2007 (rev. 2013) Page 8
constituteproject.org PDF generated: 27 Apr 2022, 10:50
Unlawful deprivation of liberty shall be punishable.
Protection from unjustified restraint Article 30. Detention
Right to pre-trial release Person suspected with reasonable doubt to have committed a crime may, on the basis of
the decision of the competent court, be detained and kept in confinement only if this is
necessary for the pre-trial procedure.
Detainee shall be given the explained decision of detention at the time of being placed in
detention or at the latest 24 hours from being put in detention.
Detainee shall have the right of appeal against the decision of detention, upon which the
court shall decide within 48 hours.
The duration of detention shall be reduced to the shortest possible period of time.
Detention by the decision of first-instance court may last up to three months from the
day of detention, and by the decision of a higher court, the detention may be extended
for additional three months.
If no indictment is raised by that time, the detainee shall be released.
Privileges for juveniles in criminal process Detention of minors may not exceed 60 days.
Prohibition of cruel treatment Article 31. Respect for person
Human dignity The respect of human personality and dignity in the criminal or other procedure, in case
of deprivation or limitation of liberty and during the execution of imprisonment sentence
shall be guaranteed.
Regulation of evidence collection Any form of violence, inhuman or degrading behavior against a person deprived of
liberty or whose liberty has been limited, and any extortion of confession and statement
shall be prohibited and punishable.
Judicial independence
Right to fair trial
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Constitution of Montenegro (Official Gazette of Montenegro, No. 1/2007 and 38/2013) · wipo.int · Retrieved 18 August 2026.
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