Special rules for special treatment measures
§ 87. (1) In the case of a procedural act requiring the participation of a person under the age of eighteen, the court, the prosecutor's office and the investigating authority
a) make video and audio recordings if possible,
b) order that a forensic psychologist be present at the proceedings,
c) in connection with criminal proceedings, provides in the Basic Law, Act LXIV of 1991. the effective exercise of the rights of the child as enshrined in the Convention on the Rights of the Child, the Law on the Protection of Children and the Administration of Custody and other laws.
(2) The testimony of a witness who has not reached the age of eighteen may not be examined by instrumental testimony.
(3) The confrontation of a witness who has not reached the age of eighteen may be ordered only with his consent.
§ 88. (1) In the case of a procedural act requiring the participation of a person under the age of fourteen
(a) the act may be performed only if the evidence to which it is intended cannot be replaced,
(b) the procedural act must be carried out in a room intended or adapted for that purpose, provided that the exercise of the rights, the performance of his duties and the protection of his obligations cannot be ensured in any other way or by other means,
(c) provided that this does not jeopardize the effectiveness of the procedural act, the investigating authority shall ensure during the investigation that the procedural act is carried out by the same person at all times,
(d) the court, the public prosecutor's office and the investigating authority shall take video and audio recordings of the procedural act.
(2) The confrontation of a witness who has not reached the age of fourteen may not be ordered.
(3) The accused and the defense counsel may not be present in person at the place of the procedural act requiring the participation of a person under the age of fourteen.
(4) If the hearing of a witness who has not attained the age of fourteen has been requested by the accused or the defense counsel, the court, prosecutor's office or investigating authority may ensure the personal presence of the accused and his defense counsel in the procedural act requiring the witness's participation.
Section 89 (1) In the case of a victim requesting special treatment pursuant to Section 82 c) during the investigation
(a) the victim may be questioned only by a person of the same sex as him or her, or by a person of the same sex as the victim on behalf of the investigating authority in any other procedural act in the presence of the victim, and
(b) the investigating authority shall ensure that the procedural act requiring the participation of the victim is carried out by the same person at all times.
2. The investigating authority may derogate from the provisions of paragraph 1
(a) at the request or with the consent of the victim,
(b) where ensuring the effectiveness of the procedure makes this unavoidable.
(3) Pursuant to Section 82 c) , the confrontation of a victim requiring special treatment may be ordered only with the consent of the victim.
(4) If the victim requesting special treatment pursuant to Section 82 c) has not reached the age of eighteen,
(a) the procedural act must be carried out in a room intended or adapted for that purpose, unless the procedural act cannot be performed there or the facilitation and protection of the victim's rights, obligations and other means can be ensured in any other way,
b) the court, the prosecutor's office and the investigating authority take a video and audio recording of the procedural act,
c) the accused and the defense counsel may not be present in person at the scene of the procedural act requiring the participation of the victim,
(d) when using a means of telecommunication, it must be ensured that the victim can see only the acting judge, prosecutor or member of the investigating authority,
e) after the indictment, the court may carry out the procedural act requiring the participation of the victim through a seconded judge or a requested court,
f) the right of persons present in a procedural act requiring the participation of the victim to ask questions is limited, they may only propose to ask a question,
(g) the public shall be excluded from the part of the trial where the victim's participation in the procedural act is mandatory.
(5) If a victim requesting special treatment pursuant to Section 82 ( c) has not reached the age of fourteen, the court may, of its own motion or motion, waive the examination of the victim as a witness if the victim is questioned during the investigation. has already taken place in accordance with paragraph 1 (b) . In this case, the testimony of the victim during the investigation may be used as evidence.
Personal protection
§ 94. (1) The acting court, prosecutor's office and investigative authority may, of its own motion or on the motion of a person requesting special treatment, initiate that the person requiring special treatment or another person with regard to it receive personal protection specified by law.
(2) The court, the prosecutor's office or the investigating authority shall decide on the initiative within eight days from the submission of the petition. There is no appeal against initiating personal protection. The petitioner may appeal against the rejection of the motion.
(3) Personal protection files shall be kept closed, except for the petition, the decision rejecting it and the decision on the ordering and termination of personal protection.
Limitations of public information
§ 109. (1) The court, the public prosecutor's office and the investigating authority shall refuse to provide information or to grant permission for the making of images, sound or images and sound recordings if
(a) as a result, the life, physical integrity, health and right to privacy of the person involved in the criminal proceedings, in particular those requiring special treatment, would be directly endangered,
Presence during procedural acts during reconnaissance
(2) The victim may be present at the hearing of the expert, at the examination, at the attempt to prove the evidence and at the presentation for recognition in connection with the criminal offense committed against him or her. Notification of the victim may exceptionally be omitted if justified by the urgency of the procedural act. Notification of the victim may exceptionally be omitted and exceptionally removed from the procedural act if the protection of the person in need of special treatment cannot be ensured in any other way.
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.
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:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
1. Victims participating in the proceedings in accordance with rules 89 to 91 of the Rules of Procedure and Evidence shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Court, including the time spent on journeys in connection with their appearance before the Court, subject to the production of the document referred to in paragraph 2 of this article:
(a) Immunity from personal arrest or detention;
(b) Immunity from seizure of their personal baggage unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the State Party concerned;
(c) Immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their appearance before the Court, which immunity shall continue to be accorded even after their appearance before the Court;
(d) Exemption from immigration restrictions or alien registration when they travel to and from the Court for purposes of their appearance.
2. Victims participating in the proceedings in accordance with rules 89 to 91 of the Rules of Procedure and Evidence who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article shall be provided by the Court with a document certifying their participation in the proceedings of the Court and specifying a time period for that participation.