GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 10. OTHER PERSONS PARTICIPATING IN THE CRIMINAL PROCEEDINGS

Article 81. Witness to a Search

5. Witness to a search has the following rights:
1) to participate in the implementation of respective investigatory action from the moment of beginning until its end;
2) to acquaint himself/herself with the protocol of respective investigatory action;
3) to make remarks as during the implementation of respective investigatory action as well as during the process of familiarization with the protocol, subject to the inclusion in the protocol of the respective investigatory action;
4) to receive the compensation of the expenses incurred at the proceedings of the criminal case.

6. The witness to a search has also other rights and bears other responsibilities, prescribed by this Code.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 206. Interrogation of the witness

Prior to the interrogation the investigator ascertains himself in the identity of the witness, informs the latter for which case he has been summoned and warns about the duty to relate everything known about the case, as well as gives instructions against refusal or avoidance to testify, about the established criminal responsibility for perjury. The witness is advised that he is not bound to give incriminating testimony against himself, his spouse or close relatives. After that, the investigator clarifies the relations between the witness and the suspect, the accused, the injured person and starts the interrogation.

SPECIAL PART

SECTION 8. PRETRIAL PROCEEDINGS OF CRIMINAL CASES

CHAPTER 28. INTERROGATION AND CONFRONTATION

Article 207. Interrogation of a witness under age

Prior to the interrogation, the legal representative is briefed about one's right to be present at the interrogation, commenting by permission of the investigator and asking questions, as well as about their duties. The investigator is entitled to dismiss the questions asked, however they must be recorded in the protocol.

Article 68
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.