TITLE III
EVIDENCE AND MEANS OF EVIDENCE
CHAPTER III
MEANS OF EVIDENCE
Section III
Statements of the witnesses
Art. 86(2) – In the situations provided by art. 86(1), if there are appropriate technical means, the prosecutor or, according to the case, the court may allow the witness to be heard without actually being present at the place where the criminal investigation body is or in the room where the judgment takes place, through technical means provided in the following paragraphs.
Recording the witness’ statement, in the conditions described at par. 1, will be performed in the presence of the prosecutor.
The witness may be heard through a television network, with the image and voice distorted so as not to be recognised.
The statement of the witness heard, in the conditions stated at par. 1 and 2, are recorded through technical video and audio means and are rendered entirely in written form.
During the criminal investigation, a report is made in which the witness’ statement is accurately rendered and which is signed by the prosecutor present at the witness’ hearing and by the criminal investigation body and kept with the case file. The witness’ statement, transcribed, shall be signed also by the latter and kept in the file set down at the court, in the conditions provided under par. 5.
Video and audio tapes, on which the witness’ statement was recorded, as an original, sealed with the prosecutor’s office seal or, according to the case, to that of the court in front of which the statement was made, are kept in the conditions provided at art. 5. The video and audio tapes recorded during the criminal investigation shall be handed, at the ending of the criminal investigation, to the competent court, together with the case file, and shall be kept in the same conditions.
The provisions of art. 78, 85 and of art. 86 par. 1 and 2 shall be applied accordingly.
Protection of safety of physical or psychological well-being of victims, witnesses and families
Witnesses' rights - national proceedings
Witnesses' rights - ICC proceedings
Witness protection - national procedures for ICC proceedings
Witness protection - national proceedings
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