Confidentiality re documents and information

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Procedure Code 2010 EN


Article 171
If it is on behalf of the interest of the criminal procedure, of concealing secrets, of the public order and ethical reasons, the official who initiates the investigation will order the persons who are heard or present at the investigation or have an access to the records of the investigation to conceal as secrets certain facts or data which they have learnt and will inform them that revealing secrets is crime. This order will be included in the minutes for the investigation i.e. will be noted on the records with a signature by the person who has been instructed.

1. Publicity at the trial

Article 279
(1) The trial is public.
(2) Adults may be present at the trial.
(3 )The Persons present at the trial are prohibited to have guns or dangerous kits except, the representatives of the court police and the representatives of the security service in the punish –corrective institutions who can be armed”

Article 280
From the beginning to the end of the trial the Chamber may at any time ex officio or on the proposal on the parties or the victim but always after their hearing exclude the public from the trial or from a part of it if it is necessary a secret to be kept, the public order to be restored, the morality to be protected, the personal and private life of the accused to be protected, the witness or the damaged to be protected, the endangered witness to be protected and the interests of the minor to be also protected.

Rome Statute

Article 93 Other forms of cooperation


(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.