Offences relating to witness protection

Serbia

Criminal Procedure Code

Part One
GENERAL PART

Chapter VII
EVIDENCE

2. Evidentiary Actions

b) Questioning Witnesses

b) Protection of Witnesses

Basic Protection
Article 102

The authority conducting proceedings is required to protect an injured party or witness from an insult, threat and any other attack.

The public prosecutor or the court will caution a participant in proceedings or other person who, before the authority conducting proceedings insults an injured party or a witness, threatens him or endangers his safety, and the court may also fine him up to 150,000 dinars.

An appeal against a ruling pronouncing a fine is decided on by the panel. The appeal does not stay execution of the ruling.

Upon receiving notification from the police or the court or upon learning about the existence of violence or a serious threat directed at an injured party or a witness, the public prosecutor will undertake criminal prosecution or notify the competent public prosecutor thereof.

A public prosecutor or the court may request that the police undertake measures to protect an injured party or a witness in accordance with the law.



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;