LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES
CHAPTER II - WITNESS PROTECTION MEASURES
Article 12 - Limitation of the right of an accused and his defense attorney to inspect files and documentation
(1) In exceptional circumstances, if revealing some or all of the personal details of a witness or other details would contribute to identifying a witness, and would seriously endanger the witness under threat, the preliminary proceedings judge may, upon the motion of the Prosecutor, decide that some or all of the personal details of a witness, may continue to be kept confidential after the indictment is issued.
(2) The prosecutor shall immediately notify the accused and his defense attorney of the submission of the motion referred to in paragraph 1 of this Article.
(3) If possible, the preliminary proceedings judge shall hear the accused and his defense attorney prior to issuing the decision referred to in paragraph 1 of this Article. The decision of the preliminary proceedings judge must be issued within 72 hours following the day the motion is received.
(4) No appeal shall be permissible against the decision referred to in paragraph 1 of this Article.
(5) If the preliminary proceedings judge was unable to hear the accused and his defense attorney prior to the decision referred to in paragraph 1 of this Article, the Court shall hear them immediately upon receiving the indictment.
(6) The Court may revoke the decision referred to in paragraph 1 of this Article, either ex officio or upon the motion of the accused or his defense attorney.
(7) Upon the motion of the Prosecutor, the Court shall revoke the decision referred to in paragraph 1 of this Article.
(8) The Court shall at all stages in the proceedings be mindful of the need to release, as soon as possible, the information to which the decision referred to in paragraph 1 of this Article pertains. Sufficient details shall be released for the defense to prepare for examination of a witness. The information must be released at the latest when the witness testifies at the main trial.
Fair trial standards
Rights during trial - disclosure of evidence to defence
Witnesses' rights - national proceedings
Procedure for witness testimony - national proceedings
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