GENERAL PART

SECTION TWO. PARTICIPANTS IN CRIMINAL PROCEEDINGS

CHAPTER 6. OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

Article 66. Rights and Obligations of Witness

The witness shall have a right: to testify in his native language, if he has no or poor command of the language of the interrogation, and to use thereby the assistance of the translator/interpreter; to challenge an interpreter who participates in questioning; to testify in handwriting; to get familiarized with the minutes of evidence and to amend it; to use written notes and documents during the interrogation; to protect his interest through bringing complaints with the resolutions of the inquiry officer, investigator, prosecutor, or the findings of the courts.

The witness shall obliged: to appear when summoned by the inquiry officer, investigator, prosecutor, and the court; to report veraciously everything what he knows on the case; to answer the questions; not to disclose the circumstances of the case without the permit of the interrogator; to obey the order during the investigation and the court hearing.

If a witness fails to appear without a valid excuse, he may be subjected to compulsory appearance as envisaged by Articles 261-264 of this Code.

For giving testimony known to be false or refusing to testify, a witness shall be liable under the law.

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.