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 IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 84. Testimony of Witness

84.1. A witness shall be obligated to give truthful and correct testimony concerning all circumstances
relevant to proving the case, including the personality of the suspect, accused, defendant and the victim, and his/her relationship with him/her.

84.2. If a witness can not indicate the source of his/her testimony it shall not serve as evidence.

PART VII
PRE-COURT ACTIONS

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

Article 192. Involvement of Witnesses of investigative Actions

192.1. At least two witnesses of investigative actions shall be involved in an examination, search,
seizure, or in other investigative actions requiring witness's participation by this Law.

192.2. Before the commencement of an investigative action in which witnesses of investigative actions participate, an inquiry officer or investigator shall explain to them their rights and duties set forth in Article 48 of this Law.

192.3. A witness of investigative actions shall be obliged to certify the fact, contents, and results of an action at which he/she has been present.

192.4. A witness at investigative actions shall have the right to make remarks in the record of an action in which he/she has participated.

PART VIII
COURT ACTIVITIES

CHAPTER THIRTY TWO
COMMENCING JUDICIAL SESSION

Article 257. Removing Witnesses From Courtroom

257.1. Witness shall be removed from the courtroom until his/her testimony is heard.

257.2. The chair of the session shall take measures so that witnesses who have given testimony to the judicial session do not communicate with witnesses who have not given testimony.

PART VIII
COURT ACTIVITIES

CHAPTER THIRTY THREE
JUDICIAL INVESTIGATION

Article 266. Hearing testimony of a witness

266.1. After hearing testimony of the victim, the testimony of a witness shall be heard according to
rules provided by Articles 267 and 269 of this Law.

266.2. Before hearing testimony of the victim, the chair of judicial session shall ascertain the identity of the witness and his/her relationship with the defendant and the victim and shall explain his/her duties to give true and correct account of all known to him/her circumstances of the case and warn of responsibility for refusing or evading to give testimony or for giving deliberately false testimony, and a note to such effect shall be made in the record, which shall be certified by the signature of the witness.

266.3. The chair of the session shall explain a minor witness about the significance of giving true and correct account of everything in the case known to them, but he/she shall not warn of responsibility for refusing or evading to give testimony, or for giving for giving deliberately false testimony.


Article 267. Procedure for Interrogation of Witnesses

267.1. After carrying out all actions specified in Article 266 of this Law witnesses shall give their
testimony and they shall be interrogated separately.

267.2. The person on who has proposed the witness to participate in the judicial session, shall put
questions first.

267.3. After the person described in Article 267.2. of this Law asked questions, the accusing or
defending parties shall put questions to the witness with permission of the chair of the judicial session.

267.4. The chair of the judicial session shall prohibit questions not related to the case.


267.5. Judges shall have the right to put questions to a witness at its discretion and citizens'
representative, parties and participants may put questions at any time during the judicial session with permission of the chair.

267.6. Court may subject witnesses to confrontational interrogation at the request of the state
prosecutor, defendant or his/her defense counsel, as well of the other participants.

267.7. Witnesses who have given testimony shall remain in the courtroom and may not leave the
courtroom before the completion of the court litigation without the permission of the chair of the judicial session.

267.8. The chair of the judicial session may allow witnesses whose testimony have been heard to
withdraw from the courtroom earlier than the completion of the judicial investigation only upon hearing the comments of the state prosecutor, defendant, and defense counsel, as well as of the victim, civil plaintiff, civil defendant, and their representatives.


Article 268. Use of Written Notes and Documents by Witness

268.1. A witness may use written notes when giving testimony to judicial session.

268.2. A witness shall be allowed to read documents related to his/her testimony and such documents shall be presented to the court.


Article 269. Interrogation of Minor Witness and Victims

269.1. Hearing of testimony by minor witnesses shall be carried out according to procedures set forth in article 267 of this Law.

269.2. Court may allow the parents or legal representatives of the minor witnesses as well as a
pedagogue to take part in hearing their testimony and they may put questions to the witness with permission of the chair of the judicial session.

269.3. If it is significant for establishing the objective truth of a case, a defendant may be taken out of the courtroom by decree of the court or order of a judge and the testimony of a minor witness or victim may be heard and after the return of the defendant to the courtroom, content of the testimony of the witness or victim may be presented and he/she may be allowed to put questions to the witness or victim.

269.4. A minor witness or victim must be removed from the courtroom at the end of his/her testimony, if further presence of them is not necessary.


Article 270. Proclamation of Testimony of Witness and Victim given during an inquiry or investigation

270.1. If testimony which has been given by a witness or victim during an inquiry or investigation substantially contradicts from the testimony given in court or if the witness or victim did not appear at the judicial session, their testimony given during an inquiry or investigation shall be proclaimed.