Persons Who May Be Heard as Witnesses
Article 107

(1) Persons who are likely to provide information regarding the criminal offence and the perpetrator and other relevant circumstances shall be summoned as witness.

(2) The injured party, subsidiary prosecutor and private prosecutor may be heard as witnesses.

(3) Every person summoned as witness shall answer the summons and, unless otherwise prescribed by this Code, shall testify as well.

Cooperative Witnesses
Article 125

(1) The State Prosecutor may put a motion to the court to examine as a witness a member of the criminal organization, i. e. criminal group who consents to do so (hereinafter: cooperative witness) against whom criminal charges have been brought or criminal proceedings have been instituted for an organized crime offence referred to in Article 22 paragraph 8 of the present Code if it is certain that:

- their statement and evidence provided to the court will significantly contribute in proving the criminal offence in question and culpability of perpetrators or assist in revealing, proving and preventing other criminal offences of the criminal organization or criminal group and
- the significance of their statement as to proving these criminal offences and culpability of other perpetrators prevails over the harmful consequences of the criminal offence they have been charged with.

(2) The motion referred to in paragraph 1 of this Article may be put by the State Prosecutor by the completion of the main hearing, and such a motion shall contain the facts and data on the basis of which the court shall issue a ruling on establishment of the status of a cooperative witness.

(3) Cooperative witness may not be a person for whom reasonable doubt exists that s/he is an organizer or a leader of a criminal organization i.e. criminal group.

Examination of Witnesses in Preliminary Investigation
Article 262

(1) Should, in the course of preliminary investigation, the State Prosecutor find it necessary that a person be heard in the capacity of a witness in order to bring the ruling on investigation, the interrogation shall be performed in accordance with Article 113 of the present Code.

(2) While the action from paragraph 1 of this Article being taken, the suspect if he is known and the defense attorney shall be allowed to attend the interrogation, unless there is a risk of delay or this is impossible for other important reasons, where they may put questions to the witness and make objections.

(3) A record shall be kept of the interrogation of a witness which shall be signed by the witness. The minutes shall contain the reason for which the hearing of a witness took place without the presence of the suspect and his defence attorney. The course of the interrogation may be recorded by an audio or audiovisual recording device. The record on the interrogation of witness shall not be separated from the file and may be used as evidence in the criminal proceedings.