Termination of protection and assistance – witness protection

Ukraine

Code of Criminal Procedure of Ukraine 2012 (2015)

Section I
GENERAL PROVISIONS

Chapter 3
PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 52-4. The way in which security measures are recalled

Security measures may be recalled in connection with expiration of the period for which a specific security measure has been enforced; elimination of the threat to life, health, home and property of protected persons; systematic neglect of lawful requests of the authority in charge of security measures by the person under protection if the latter was warned about the possibility of such recall.

The following may be the ground for recalling security measures enforced to participants of criminal proceedings, their family members, and close relatives: application of the participant to criminal proceedings, his family member or close relative in whose respect security measures have been enforced; receipt of reliable information that the threat to life, health, home and property of the said persons has been eliminated.

With the sufficient grounds for recalling security measures present, the inquiry agency, investigator, prosecutor, court (judge) makes a motivated decision or ruling to recall such measures.

Decision to recall security measures is brought to the notice of the persons in whose respect such measures have been enforced, in written within one day.
(Article 52-4 is added by Law No 1381-XIV ( 1381-14 ) of 13.01.2000).

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;