Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 11. Protection of the Rights and Freedoms of Man and Citizen in Criminal Court Proceedings

1. The court, the prosecutor, the investigator or the inquirer are obliged to explain to the suspect, the accused, the victim, the civil claimant and the civil defendant, as well as to the other participants in the criminal court proceedings their rights, responsibilities and liability, and to guarantee the possibility of exercising these rights.

2. If persons possessing witness immunity consent to give evidence, the inquirer, the investigator, the prosecutor and the court shall be obliged to warn the said persons that their testimony may be used as the proof in the course of the further proceedings in criminal case.

3. If there is sufficient data, testifying to the fact that the victim, the witness or other participants in the criminal court proceedings, as well as their close relatives, relations or their near persons are threatened with murder, violence, destruction or damage of their property, or with other dangerous illegal acts, the court, the prosecutor, the investigator, the body of inquiry and the inquirer shall take within the scope of their competence with respect to the said persons measures of security, stipulated by the ninth part of Article 166, by the second part of Article 186, by the eighth part of Article 193, by Item 4 of the second part of Article 241 and by the fifth part of Article 278 of the present Code .

4. The damage inflicted upon the person as a result of a violation of his rights and freedoms by the court or by the officials conducting the criminal prosecution, shall be subject to recompense on the grounds and in accordance with the procedure, established by the present Code .

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 8. Other Participants in the Criminal Court Proceedings

Article 56. The Witness

4. A witness shall have the right:
1) to refuse to testify against himself, his (her) spouse and other close relatives,
whose circle is delineated by Item 4 of Article 5 of the present Code. If the witness

consents to furnish evidence, he shall be warned that his testimony may be used as the proof in the criminal case, even if he subsequently renounces them;
2) to give evidence in his native tongue or in the language, of which he has a good command;
3) to make use of an interpreter's services free of charge;
4) to enter a recusation against the interpreter, taking part in his interrogation;
5) to enter petitions and file complaints against the actions (the lack of action) and decisions of the inquirer, the investigator and the prosecutor, or of the court;
6) to come to an interrogation with a lawyer, in conformity with the fifth part of Article 189 of the present Code;
7) to make a request for the application of the measures of security, stipulated by the third part of Article 11 of the present 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.