GENERAL PART

SECTION TWO. PARTICIPANTS IN CRIMINAL PROCEEDINGS

CHAPTER 5. PARTIES TO CRIMINAL PROCEEDINGS. DEFENSE COUNSELS AND REPRESENTATIVES

Article 55. Rights and Obligations of the Victim

The victim shall have a right: to give testimony; to introduce evidence; to file motions and challenges; to use his native language or to use the assistance of an interpreter/translator; to have a representative appearing for his interests; to participate, with the permission of the investigator or inquiry officer, in investigative actions; to get familiarized, upon inquiry or pretrial investigation, with the whole case file and write out required information thereof; to file notification of conciliation and to participate at the conciliation sessions, as well as of the court of the first instance, of appeal, cassation, and supervision; to complain against the procedure or decision of the inquiry officer, investigator, prosecutor, judge, and court; to prosecute in court, in person or through his representative; to get familiarized with the official records of court session and to submit comments on them; to be informed about any protests and complaints on the case, and challenge them. (As amended by the Law of 14.12.2000 and of 29.08.2001).

A victim shall be obliged: to appear upon the summons of an inquiry officer, investigator, prosecutor and court; to give true testimony; not to impede establishment of the issue by destruction or forgery of evidences, by persuasion of witnesses and by other illegal acts; to introduce evidence on the request of the inquiry officer, investigator, prosecutor, and the court; to obey the order during the investigation and the court hearing.

If a victim is fails to appear when summoned without a valid excuse, he may be subjected to compulsory appearance in accordance with Articles 261-264 of this Code.

If a victim refuses to testify or gives testimony known to be false, he shall be liable under the law.

In criminal cases of offenses that resulted in the victim’s death, the victim’s rights and obligations under this Article shall be passed to a victim’s immediate relative and other persons recognized by the pretrial investigation agencies or the court as legal representatives of the dead.

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.