Section I
GENERAL PROVISIONS
Chapter 3
PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES
Article 52-1. Ensuring security of persons who participate in criminal proceedings
If a real threat to life, health, home, or property is present, persons who participate in criminal proceedings are entitled to have their security ensured.
With appropriate grounds present, the following persons have the right to have their security ensured:
1) person who reported the crime to a law enforcement authority or otherwise participated in detecting, preventing, suppressing, and resolving a crime or assisted therein;
2) victim or his/her representative in the criminal case;
3) suspect, the accused, defense counsels, and legal representatives;
4) civil plaintiff, civil defendant, and their representatives in the case related to compensation of damage caused as a result of crime;
5) witness;
6) expert, specialist, translator, and attesting witness;
7) family members and close relatives of the persons refereed to in subparagraphs 1-6 of the present Article if there are attempts to exert influence on the participants to criminal proceedings through the use of threats or any other illegal actions.
The inquiry agency, investigator, prosecutor, or court, having received the application or communication that security of the person referred to in the paragraph 2 of the present Article is threatened, are required to verify such application (communication) and, within three days, and in urgent situations – immediately, to take decision to enforce or deny measures of security. Dependently on what decision has been taken, they pass a motivated decision or ruling and refer it to the authority in charge of enforcing measures of security.
Such decision or ruling is binding upon the said authority.
The authority in charge of enforcing measures of security establishes the list of required measures and ways of enforcing the same being guided by specific circumstances and the need to eliminate the threat present. The person under protection is informed on measures of security chosen, modalities of their enforcement, and rules for the use of documents and property issued to ensure security.
If the application (communication) about a threat to the person referred to in paragraph 2 of the present Article contains information on a crime, the inquiry agency, investigator, prosecutor, court or judge takes, as prescribed in Articles 94, 98, and 99 of the present Code ( 1002-05 ), decision on instituting or denying instituting criminal proceedings or on referring the application (communication) to the competent authority.
The applicant is immediately informed on the decision taken.
The authority in charge of enforcing measures of security informs in writing the inquiry agency, investigator, prosecutor, court or judge who conducts proceedings in the case about measures taken and their results.
(Article 52-1 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).
Article 52-2. Rights and duties of persons in whose respect measures of security are enforced
Persons under protection may:
1) submit application for measures of security or for their recall;
2) be aware of what measures of security are enforced to them;
3) request that the inquiry agency, investigator, prosecutor, court takes additional measures of security or recall measure being enforced;
4) challenge illegal decisions or acts by authorities in charge of measures of security in a higher authority, prosecutor, or court.
Persons under protection are required to:
1) respect conditions under which measures of security are enforced and legal requests of authorities in charge of security measures;
2) immediately inform the said authorities on each threat or illegal actions against them;
3) dispose of the property and documents issued to them in temporary possession by the authority in charge of security measures with full respect for rules established by law. (Article 52-2 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).
National procedures for inclusion in programme – witness protection
EDIT.