Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS
CHAPTER 12. PROTECTION OF THE PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS
Article 98. Obligation to protect the Injured, Defense Attorneys, Witnesses, Accused and Other Persons Participating in the Criminal Proceedings
1.Upon discovery of the need to protect the injured, defense attorneys, witnesses, the accused and other persons participating in the criminal proceedings from criminally punishable encroachments, the body of criminal proceedings, at the request of these persons or by its own initiative, takes measures of necessary protective measures. Protective measures are mandatory to be applied, if the persons participating in the criminal proceedings or their close relatives were physically threatened, in connection with the participation of the latter in the proceedings.
2.The request of the participant of the proceedings for protective measures is considered immediately, but not later than within 24 hours from its receipt. The decision that has been made is advised to the applicant and the copy of the decision is sent to him.
3. The applicant is entitled to file an appeal against a decision rejecting protective measures, within 5 days, in the court or, if the copy of the decision has not been received within 7 days, to apply to the court with a demand to introduce protective measures.
4. The refusal to apply protective measures does not prevent the participant of the proceedings from to repeatedly apply with a demand to introduce such measures, if he was threatened again or assaulted, or other circumstances not reflected previously emerged.
National procedures for inclusion in programme – witness protection
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