Chapter 3
PROOF
Division 2
Hearing of Witnesses
§ 66. Witness
(1) A witness is a natural person who may know facts relating to a subject of proof.
(2) A suspect or accused or the official of the investigative body, prosecutor or judge conducting the proceedings in the criminal matter shall not participate in the same criminal matter as witnesses. An official of an investigative body, prosecutor or judge who has been conducting proceedings in the criminal matter may be a witness in the court proceeding in the case specified in subsection 289 (4) of this Code for verifying the reliability of evidence.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(1) The testimony of a witness concerning such facts relating to a subject of proof of which the witness has become aware through another person shall not be evidence unless :
1) the direct source of the evidence cannot be heard for the reason specified in subsection 291 (1) of this Code ;
2) the content of the testimony of the witness is what he or she heard from another person about the circumstances perceived by him or her immediately before speaking in the case the specified person was, during speaking, still under the influence of what he or she had perceived, and there is no basis to believe that he or she distorts the truth ;
3) the content of the testimony of the witness is what he or she heard from another person and which contains the admission of commission of a criminal offence or which is in another way in obvious conflict with the interests of the speaker ;
4) the content of the testimony of the witness is the circumstances relating to a criminal offence committed jointly.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
(3) A witness is required to give testimony unless there are lawful bases specified in §§ 71-73 of this Code for refusal to give testimony. While giving testimony, the witness is required to tell the truth.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Other forms of cooperation
Examination of witnesses - authority - ICC proceedings
Examination of witnesses - national procedures for ICC proceedings
Examination of witnesses - national proceedings
EDIT.