General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 19. Guarantee of the right to legal aid and the right to conduct one’s defence

19.3. During the questioning of the victim or witnesses, the prosecuting authority may not prevent the lawyer invited by them as their representative from accompanying them.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter X
OTHER PARTIES TO THE CRIMINAL PROCEEDINGS

Article 94. Circumstantial witness

94.4. A circumstantial witness shall exercise the following rights in accordance with this Code :

94.4.1. to participate in the relevant investigative procedure from beginning to end ;
94.4.2. to acquaint himself with the record of the investigative procedure in which he has taken part, and to require the inclusion of the necessary facts in the appropriate record ;
94.4.3. when acquainted with the relevant investigative measures and the record, to raise objections ;
94.4.4. to sign the record only if he understands it ;
94.4.5. to be reimbursed for costs incurred in the criminal proceedings and receive compensation for damage incurred as a result of unlawful acts by the prosecuting authority ;
94.4.6. to exercise the other rights provided for in this Code.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter X
OTHER PARTIES TO THE CRIMINAL PROCEEDINGS

Article 95. Witnesses

95.6. The witness shall exercise the following rights in accordance with this Code :

95.6.1. to know for which criminal case he is called ;
95.6.2. to object to the interpreter participating in his interrogation ;
95.6.3. to make requests ;
95.6.4. to refuse to testify or present documents or information against himself or his close relatives ;
95.6.5. while testifying, with the permission of the prosecuting authority, to use documents relating to complicated mathematical calculations, numerous geographical names and other information difficult to memorise, and to refer to notes written during the incident or immediately afterwards ;
95.6.6. to accompany his testimony with drawings, diagrams and pictures ;
95.6.7. to write his testimony down during the pre-trial proceedings ;
95.6.8. to acquaint himself with the record of the investigative and other procedures in which he takes part, as well as the part of the record of the court hearing relating to him, and to require inclusion of the necessary appendices and observations in the record, for the accuracy and completeness of the testimony ;
95.6.9. to be reimbursed for the costs incurred during the criminal proceedings and to receive compensation for damage incurred as a result of unlawful acts by the prosecuting authority ;
95.6.10. to recover the items and originals of official documents taken by the prosecuting authority as material evidence or on other grounds ;
95.6.11. when investigative and other procedures take place, to be represented ;
95.6.12. to exercise the other rights provided for in this Code.

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.