EVIDENCE AND MEANS OF EVIDENCE
MEANS OF EVIDENCE
Statements of the witnesses
Art. 86 – If there is evidence or solid indications that by declaring the real identity of the witness or his/her place of domicile or residence the life, corporal integrity or freedom of the latter or of another person might be endangered, the witness may be given permission not to declare this information, being attributed a different identity under which to appear in front of the judicial body.
This measure may be disposed by the prosecutor during criminal prosecution and by the court during trial, upon motivated request from the prosecutor, witness or any other entitled person.
The information about the real identity of the witness is mentioned in an official report that will be kept at the prosecutor’s office which performed or supervised the performing of the criminal investigation or, according to the case, at the court, in a special place, in a sealed envelope, in conditions of maxim security. The official report will be signed by the person who handed the request, as well as by the one who disposed the measure.
The documents concerning the real identity of the witness shall be presented to the prosecutor or, according to the case, to the panel of judges, in conditions of strict confidentiality.
In all cases, the documents regarding the real identity of the witness will be introduced in the criminal file only after the prosecutor, by ordinance, or, according to the case, the court, by closing, established that the danger which determined taking measures for witness protection has disappeared.
The statements of witnesses who were attributed another identity, reproduced in the prosecutor’s report, according to art. 862 par. 5, as well as the witness’ statement, recorded during trial and signed by the prosecutor present at the witness’ hearing and by the president of the panel, according to art. 862 par. 6, thesis I, may serve to finding out the truth only to the extent to which they are corroborated with facts and circumstances resulted from all the evidence in the case.
Other persons who may be heard as witnesses that were attributed another identity are undercover investigators.
Dispositions provided by par. 1-6 are also applied to experts .
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;