Protection of Witnesses from Intimidation
Article 120
(1) If reasonable concern exists that by giving a statement or answering certain questions witnesses would put in danger their, their spouse’s, close relative’s or a close person's life, health, physical integrity, freedom or property of great value, witnesses may withhold from giving the data referred to in Article 113, paragraph 3 of the present Code, answering certain questions or giving the statement altogether until their protection is secured. If it finds that the refusal to give a statement is manifestly illfounded, the authority conducting the proceedings shall caution witnesses that fines specified in Article 119 of the present Code may be imposed on them.
(2) Witness protection shall consist of special ways of participating and hearing witnesses in the criminal procedure.
(3) At their request, whistleblowers heard as witnesses may also be provided protection, in the manner referred to in paragraph 2 of this Article.”
(4) Protection of witnesses and other persons referred to in paragraph 1 of this Article may be secured beyond the criminal procedure as well, in line with the law regulating witness protection.
(5) The court shall inform the witness on the rights referred to in para. 1 to 4 of this Article.
Protection of Cooperative Witness
Article 131
(1) Unless the panel, upon a proposal by the State Prosecutor and with the consent of the cooperative witness, decides otherwise, examination of the cooperative witness shall be held behind
closed doors.
(2) Prior to rendering the decision referred to in paragraph 1 of this Article, the Chair of the Panel shall, in the presence of the defense attorney, inform cooperative witnesses of the State Prosecutor’s proposal and of their right to be examined behind closed doors. When cooperative witnesses make a statement concurring to be heard in the presence of public, that statement shall be entered into the record.
(3) The State Prosecutor may propose that the cooperative witnesses, their spouses, close relatives or close persons be provided special protection under Article 120 of the present Code.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(j) The protection of victims and witnesses and the preservation of evidence;