National judicial procedures protecting witnesses from identification – witness protection


Code of Criminal Procedure of Ukraine 2012 (2020)

Section III

Chapter 26

Article 303. Examining a witness

To ensure security of the witness to be examined, the court (judge), upon its own initiative or upon motion of the prosecutor, defense counsel or petition of the witness himself/ herself, passes a motivated ruling to examine the witness concerned with the use of technical means from another premise, including outside court’s building, and to give participants to the process the right to listen his/her testimonies, ask questions and hear answers thereto.

If there is a risk that witness’s voice can be identified, examination may be accompanied by acoustic noises.

If it appears impossible to examine the witness with the use of technical means, the court (judge) examines him/her in the absence of the defendant. Examined witness is removed from the courtroom.

After the defendant has returned in the courtroom, presiding judge makes him/her aware of testimonies which were given by the witness and gives him/her the possibility to provide explanations with regard to such testimonies.

Defendant and participants to trial may ask the witness questions.

The witness answers questions in the absence of the defendant.

Examined witnesses stay in courtroom and may not leave without presiding judge’s permission till the trial is completed.

(Article 303 as amended by Laws No 1381-XIV ( 1381-14 ) of 13.01.2000, No 2533-III ( 2533-14 ) of 21.06.2001 - effective from 29.06.2001, No 2395-VI ( 2395-17 ) of 01.07.2010).

Rome Statute

Article 93 Other forms of cooperation

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;