CHAPTER III

Special Measures of Witness Protection and Justice Collaborators

Article 10

Special measures of protection

1. The special protection measures for the witnesses, justice collaborators and their relatives or closely related persons are as follows:

a) change of identity;

b) change of residence;

c) temporary protection of the identity, information and documents of the protected person;

d) declarations of the witness under another identity and their administration with special means for
voice deformation, non-appearance and other forms defined by law;

e) special physical and technical measures of protection, in the place where the protected person resides,
as well during transportation, including also situations where such protection is needed for the
fulfillment of the obligations towards the justice authorities;

f) protection and special treatment in cases when the justice collaborator has been placed in prison as a
pre-trial security measure or sentenced by imprisonment;

g) social rehabilitation;

h) maintenance, change of the work place and temporary employment;

i) financial aid for the period of time between two employments;

j) professional re-qualification;

k) giving of the advice and specialized legal assistance;

l) other ways as defined by law.

2. The special protection measures are not to be implemented to such an extent and certain way, which would consequently lead to the improvement of the economical condition of the protected person as a result of their implementation.

3. The special protection measures, as a rule, are set for an indefinite time limit and can be applied to all phases of the criminal proceeding, as well as after its termination.

4. The duration of the special protection measures depends on the level of danger, suitability of the protected person in relation to the special protection measure, as well as from his/her correctness in the fulfillment of the legal obligations and conditions provided in the agreement of protection.

5. The rules and detailed criteria for the content, meaning, suitability, manner and procedures of the issuance and upgrading of the implementation of the special protection measures are to be defined by joint guidelines of the General Prosecutor, Minister of Public Order and Minister of Justice .

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.