Montenegro

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Overview

There are two Forensic DNA laboratories in the Republic of Macedonia. One is a part of the Institute of Forensic Medicine, Criminology and Medical Deontology and is an independent scientific institution. The other is the forensic laboratory associated with the Ministry of the Internal Affairs. According to interpol, Montenegro has a DNA database which contained 100 crime scene DNA profiles, 3,000 reference DNA profiles from individuals, plus one unidentified human remains DNA profile in 2011. A DNA database legislation is planned.

Resources

  • Press articles

Detailed analysis

Taking samples for DNA analyses by the Police in Montenegro is regulated by the Criminal Procedure Law (Official Gazette of the Republic of Montenegro, Nos. 71/03, 7/04, Article 230), which empowers police authorities to obtain a sample from persons and collect evidence for DNA analysis. The Law on Police (Official Gazette of the Republic of Montenegro 28/05, Article 19) permits keeping personal records, fingerprints, photographs, and DNA profiles for the identification purposes. The Criminal Procedure Law (Official Gazette of Montenegro 57/09, August 18th, 2009, Article 147) enacted in 2009, regulates taking of samples or biological material for DNA analyses, packaging, storage, and processing of biological material, and storage of DNA samples and the results of DNA analyses. New legislation is required to bring the requirements into line with the EU Pruem Decisions.

CPP §§ 147, 154, 226, 257, 277

Predlog Zakona o nacionalnom DNK registru [Draft law on the National DNA Registry][1]


A physical examination of a suspect or accused can be conducted at any time without their consent if a magistrate deems it is “necessary to establish facts relevant to criminal proceedings.”[2] What’s more, any person may be subject to a full physical examination upon the mere suspicion that their body harbors trace evidence of a crime.[3] In addition to coerced bodily exams, blood and other biological samples can be collected from anyone if the court deems them “necessary . . . to determine other facts relevant to the criminal proceedings.” The only exception to this rule is if the act of taking the sample itself would pose a serious health hazard.[4] Without the need for court approval, DNA can be collected from any person at any time via buccal swab.[5]




  1. This document appears to be presently classified.
  2. Zakonik o Krivičnom Postupku [Code of Criminal Procedure], Sl. list Crne Gore od 1. januara 2009 [CCP] Art. 154(1), (3) (“potrebno da se utvrde činjenice važne za krivični postupak”).
  3. CCP Art. 154(1).
  4. CCP Art. 154(2).
  5. CCP Art. 154(3).