PART II
PARTICIPANT IN THE CRIMINAL PROCEEDING

CHAPTER SIX
OTHER PARTICIPANTS OF THE CRIMINAL PROCEEDINGS

Article 45. Witness

45.1. A person who knows significant circumstances of a crime and not involved in the crime shall be
deemed to be a witness.

45.2. A witness shall be summoned and interrogated according to rules set for by Article 143 of this
Law.

45.3. Following individuals shall not be interrogated as witness:

45.3.1. the judge who previously reviewed and resolved the case;

45.3.2. the defense counsel who became familiar with circumstances of the case during implementation of his/her duty to defend;

45.3.3. individuals who became unable to correctly understand and report the circumstances related to the case.

45.4. Witness shall be obliged to arrive as summoned by inquiry officer, investigator, procurator, and
court and give true and correct testimony regarding the case.

45.5. If a witness did not arrive without respectful reasons he/she shall be coerced by police agency
to arrive according to a decision of the inquiry officer, investigator, procurator, and court.

45.6. If a witness deliberately gave false testimony or avoided from giving testimony he/she shall be
imposed responsibilities provided by Criminal Law.

45.7. Witness shall have the right to refuse to give testimony against family members, parents,
children, relatives.

PART VI
RULES FOR EXECUTION OF CERTAIN ACTIONS OF CRIMINAL PROCEEDINGS

CHAPTER SEVENTEEN
EXAMINATION AND CRIMINAL EXPERIMENT

Article 127. Rules for Executing an Examination

127.4. An accused, suspect, victim or witness may take part in an examination.

PART VII
PRE-COURT ACTIONS

CHAPTER TWENTY FIVE
THE GENERAL CONDITIONS FOR CARRYING OUT THE INQUIRY AND INVESTIGATION

Article 187. Compulsory Explanation of Rights of the Participants in Criminal Proceedings and
Their Assurance

187.1. An inquiry officer or investigator shall explain to suspect, accused, victim, civil plaintiff, civil
defendant, and their representatives as well as other persons participating in criminal proceedings about their rights and duties as well as consequences of not fulfilling their duties and shall ensure the possibility to exercise their rights during criminal proceedings .

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.