LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER I - GENERAL PROVISIONS

Article 1 - Purpose

This Law regulates the measures to provide for the protection of witnesses under threat and vulnerable witnesses in criminal proceedings conducted by the Court of Bosnia and Herzegovina (hereinafter: the Court) or the Prosecutor’s Office of Bosnia and Herzegovina (hereinafter: the Prosecutor) in criminal offences over which the Court has jurisdiction.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER I - GENERAL PROVISIONS

Article 4 - application of witness protection measures

The Court may order such witness protection measures provided for by this Law as it considers necessary, including the application of more than one measure at the same time. When deciding which of the witness protection measures is to be applied the Court shall not order the application of a more severe measure if the same effect can be achieved by application of a less severe measure.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER I - GENERAL PROVISIONS

Article 5 - Informing witnesses

(1) The Court, the Prosecutor and other bodies participating in the proceedings shall, ex officio, advise a witness who may be under threat or a vulnerable witness of the witness protection measures available under this Law.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 5a) - Measures of protection shall only be implemented with the consent of the witness.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 7 - Order of presentation of evidence at the main trial

In the course of the main trial, the Court may hear witnesses under threat and vulnerable witnesses at the earliest possible time and shall have the possibility of hearing those witnesses at the main trial in a different order from the one stipulated by the CPC BiH.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 8 - Examination

(1) The judge or the presiding judge shall exercise an appropriate control over the manner of the examination of witnesses when a vulnerable witness is examined, particularly to protect the witness from harassment and confusion.

(2) In exceptional circumstances, if the Court finds it to be in the witness’s best interest, the Court may, with the consent of the parties and the defense attorney, hear a vulnerable witness by posing questions directly to the witness on behalf of the parties and the defense attorney.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 9 - Testimony by using technical means for transferring image and sound

When determining whether there are justified reasons for examining a witness using technical means for transferring image and sound in such manner as to permit the parties and the defense attorney to ask questions although not in the same room as the witness, the need to provide for the protection of witnesses under threat and vulnerable witnesses shall also be taken into account.