Article 3
International legal assistance shall include the extradition of the accused and sentenced persons, transfer and assuming of criminal prosecution, enforcement of foreign criminal verdicts, delivery of documents, written materials and other cases relating to the criminal proceedings in a foreign state, as well as the undertaking of certain procedural actions such as: hearing of the accused, witnesses and experts, crime scene investigation, search of premises and persons and temporary seizure of items.
Article 42
Other forms of international legal assistance shall be: submitting documents, written materials and other cases related to the criminal proceedings in the requesting country; mutual exchange of information, as well as undertaking of individual procedural actions; hearing the accused, witness and expert, including hearing through video and telephone conference, crime scene investigation, search of premises and persons, temporary seizure of items, secret surveillance measures, DNA analysis, temporary surrender of a person deprived of liberty in order to give testimony, delivering information from penal records and other procedural actions.
Article 49
(1) Person deprived of liberty in Montenegro may be temporarily transferred to the requesting state at the letter of request of its competent judicial authority as a witness for the purpose of hearing, confrontation or crime scene investigation, for the proceedings initiated in that state, provided that:
1) the person gave a statement for the record of the competent court that he consents to temporary transfer;
2) the period of temporary transfer will not prolong his detention and jeopardize the criminal proceedings underway against him in Montenegro;
3) a person shall not be punished or another sanction imposed on him during temporary transfer;
4) it has been ensured that the transferred person shall be sent back to Montenegro immediately after the procedural action has been completed.
(2) The requesting state shall be obliged to send back the person referred in paragraph 1 above to Montenegro, without delay, immediately after the procedural action has been completed, within 60 days at latest.
(3) The decision on transfer shall be passed by the competent court within a Chamber composed of three judges and it shall be enforced in a manner prescribed by Article 24 paragraph 2 of this Law.
(4) The person the transfer of whom is requested shall have the right to lodge a complaint against the decision referred to in paragraph 3 above to the competent court within three days as of the receipt of decision.
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:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.