Montana Code 46-4-305. Self-incrimination — immunity
46-4-305. Self-incrimination — immunity. (1) No person subpoenaed to give testimony pursuant to this part may be required to make a statement or to produce evidence that may be personally incriminating.
Terms Used In Montana Code 46-4-305
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
(2)The prosecutor may, with the approval of the judge who authorized the issuance of the subpoena, grant a person subpoenaed immunity from the use of any compelled testimony or evidence or any information directly or indirectly derived from the testimony or evidence against that person in a criminal prosecution.
(3)Nothing in this part prohibits a prosecutor from granting immunity from prosecution for or on account of any transaction, matter, or thing concerning which a witness is compelled to testify if the prosecutor determines, in the prosecutor’s sole discretion, that the best interest of justice would be served by granting immunity.
(4)After being granted immunity, no person may be excused from testifying on the grounds that the testimony may be personally incriminating. Immunity may not extend to prosecution or punishment for false statements given pursuant to the subpoena.
(5)Nothing in this part requires a witness to divulge the contents of a privileged communication unless the privilege is waived as provided by law.