PART TWO COURSE OF PROCEDURE
Chapter XVIII INVESTIGATING ACTS
5. Hearing of witnesses

Article 217
(1) As witnesses are summoned the persons who are likely to make statements for the crime and criminal and for other important circumstances.
(2) The damaged, the damaged as a plaintiff and the private prosecutor may be heard as witnesses.
(3) Anyone summoned as a witness is obliged to answer the court summons, and if it is not proscribed differently with this Code, the person is obliged to act as a witness.

Article 218
The following persons cannot be heard as witnesses:
1) the person who with the statement would violate his duty of keeping an official or military secret until his competent body releases him from his duty, and
2) the counsel of the accused for what he has been entrusted with by the accused as his counsel, unless the accused himself requires it.

Article 219
(1) The following persons are released from their duty to be witnesses:
1) marital and illegitimate spouse of the accused;
2) blood relatives of the accused of first line, relatives of further line to the third degree as well as in- laws to the second degree;
3) an adopted child or parent who has adopted of the accused;
4) religious confessor to whom the accused or other persons has confessed;
5) a lawyer, physician, social worker, psychologist or other person for facts which they learned executing their duty in reference of their duty to keep it as a classified secret while executing their professional duties.
(2) The court which conducts the procedure is obliged to warn the persons that they need not be witnesses, i.e. persons mentioned in paragraph 1 of this Article before their hearing or as soon as it learns about their relationship to the accused. The warning and the answer are included in the minutes.
(3) Considering his age and mental development the minor who is not capable to understand the meaning of his right that he need not be a witness cannot be heard as a witness.
(4) The person who is allowed not to be a witness to one of the accused is released from his duty of witnessing to the other accused persons if his statement according to the nature of the circumstances cannot be limited only to the other accused.

Article 220
If a person was heard as a witness but who could not have been heard as a witness (Article 218) or the person who need not be a witness (Article 219) and he was not warned or has not explicitly denied his right or if the warning and the denial are not notified in the minutes, or if a minor was heard who could have not understood the meaning of his right that he need not witness or if the statement of the witness is extorted by force, by threat or by other similar forbidden means (Article 251, paragraph 2), a court decision cannot be based upon the statements of the above mentioned witnesses .

Article 221
The witness is not obliged to answer particular questions if he is likely to expose himself or his close relatives (Article 219, paragraph 1, items 1 to 3) to severe embarrassment, significant material damage or criminal prosecution .

Article 222
(1) The summoning of the witness is performed by a delivery of a written court summons in which the following will be notified: the name and occupation of the summoned, time and place of arrival, criminal case upon which he is summoned, notification that he is summoned as a witness and warning on the consequences of his unjustified absence (Article 229).
(2) The summoning for witnessing of a minor who is not sixteen yet is performed by his parents i.e. authorised representatives, unless it is impossible due to the necessity to act urgently or due to other circumstances.
(3) The witnesses who due to their old age, illness or severe physical handicaps cannot answer the court summons may be examined in their home.

Article 223
(1) Witnesses are heard separately and without the presence of other witnesses. They are obliged to answer orally.
(2) The witness will be previously warned that he is obliged to speak the truth and must not conceal anything and hereby he will be warned that giving false statements is crime. The witness will be warned that he is not obliged to answer the questions encompassed in Article 221 of this Code and the warning will be included in the minutes.
(3) Afterwards the witness will be asked about his name, father's name, occupation, residence, place of birth, age and his relationship to the accused and damaged. The witness will be warned that he is obliged to inform the court of his new address or residence.
(4) During examination of a minor, especially when damaged with a crime, it will be acted carefully so that the hearing does not inflict the psychical condition of the minor. If it is necessary, the hearing of the minor will be performed by an assistance of a pedagogue or another specialised person.
(5) If the court deems it necessary, in order to protect a juvenile individual, a victim of human trafficking, violence or sexual abuse, the examination shall be conducted in the absence of the parties, in a special room, where the child is going to be kept, whilst they will be able to ask questions through the investigative judge, pedagogue, psychologist or another competent person who is present in the same room, together with the victim. The court shall decide whether there will be an audio or video recording of the examination, which can be used later on during the proceedings as evidence, or it will be observed live, with the assistance of appropriate technical means of communication (video conference or another type of a video link or connection) .

Article 223-a
(1) If there is any probability that by giving a statement or by answering a certain question, the witness, collaborator of justice or the victim i.e. the person who suffered some damage, would expose himself or herself or another closely related person to a serious threat to their life, health or physical integrity (endangered witness), the endangered witness may withhold his statement or the presentation of information as referred to in Article 223, paragraph (3) of this Law, until the necessary conditions for his or hers protection are provided for.
(2) The protection of the endangered witness, consists of a special method of examination and participation in the procedure regulated by this Law (Chapter XIX-a) and by application

of protective measures outside the procedure, regulated by another law.
(3) If the investigative judge believes that the threat apprehension, as referred to in paragraph (1) of this Article is well founded, he or she shall terminate the examination and will undertake urgent actions, pursuant to the provisions for protection of witnesses, collaborators of justice or victims, regulated by this Law.
(4) If the investigative judge believes that the request as referred to in paragraph (1) of this Article is unfounded, he or she shall act pursuant to Article 229 of this Law. (1)

Article 224
(1) After the general questions, the witness is called to state everything familiar to him on the case, after which he will be asked questions in order the statements to be checked, supplemented and clarified. During the hearing of the witness it is not allowed to be used deceit, nor asking questions in which the answer is included.
(2) The witness will be always asked how he is familiar with the issues he is witnessing of.
(3) Witnesses may be confronted if their statements do not agree in respect of significant facts. The confronted witnesses will be examined separately for each circumstance for which their statement mutually disagree and their answer will be inserted in the minutes. Only two witnesses can be confronted at the same time.
(4) The damaged heard as a witness will be asked whether he chooses to realise his lawful property request in the criminal procedure.

Article 225
If it is necessary to be certified whether the witness is familiar with the person or objects, first he will be asked to describe the signs in which he i.e. they are different from the other persons or objects, then he will be shown for recognition the suspect together with other persons not familiar to the witness i.e. the object, if possible together with objects of the same kind.
Article 226
If the hearing of the witness is performed by an assistance of an interpreter or if he is deaf or dumb, his hearing is performed in the manner included in Article 216 of this Code.

Article 227
It may be asked from the witness to take an oath. Before the trial the witness may take an oath only if there is a possibility that due to an illness or for other reasons he could not attend the trial. The reason for the oath is included in the minutes. The oath is taken in the manner proscribed in Article 317 of this Code.

Article 228
The following persons must not take an oath:
1) who are not adults at the moment of the hearing; and
2) for whom it has been proved or there is a justified suspicion that they committed crime or participated in the crime for which they are heard.

Article 229
(1) If the witness who was summoned does not come and does not justify his absence or without an approval or justified reason leaves the place where he is to be heard, it may be ordered the witness to be apprehended forcefully and he may be punished with a fine
penalty according to Article 74, paragraph 1 of this Code.
(2) If the witness comes and after he has been warned of the consequences without a lawful reason does not choose to witness, he may be punished with a fine penalty under Article 74, paragraph 1 of this Code and if he refuses to witness after the fine, will be punished with a fine under Article paragraph (3) of this law.
(3) On the appeal against the decision with which fine penalty is pronounced, the Chamber decides (Article 22, paragraph 6). The appeal against the decision does not keep from the execution of the decision.
(4) If an Army and police officers refuse to witness, their competent headquarters will be informed for this .

PART TWO COURSE OF PROCEDURE
Chapter XXII TRIAL
7. Presentation of evidence

Article 316
(1) During the hearing of witnesses and experts at the trial accordingly will be applied the provisions which are valid for their hearing in the investigation.
(2) The witness who is not heard, according to the rules will not be present during the presentation of evidence and the expert who has not given his diagnosis and opinion will not be present at the trial until the other expert gives his statement on the same case.
(3) If a person younger than 14 is heard as a witness, the Chamber may decide during his hearing the public to be excluded.
(4) If a minor is present at the trial as a witness or as a damaged, he will be removed from the court room as soon as his presence is no longer necessary.

Article 317
(1) Before hearing of the witness, the Chairman of the Chamber will warn him on his duty to state before the court everything he is familiar with about the case and will warn him that false witnessing is a crime.
(2) The Chamber may decide the witness who has not taken an oath in the investigation to take an oath for his statement.
(3) The oath is taken orally.
(4) The contents of the oath is as follows: "I swear on my honour that of everything I have been asked by the court I have told the truth and that I have not suppressed anything I have known which concerns this issue".
(5) The Chamber may decide the witness to take an oath before his hearing.
(6) Dumb witnesses who can read and write take an oath by signing the text of the oath, deaf witnesses will read the text of the oath. If deaf or dumb witnesses cannot read nor write they will take an oath by the assistance of an interpreter.
(7) If the witness has already taken an oath during the investigation, he will be warned and reminded of his already taken oath.

Article 318
(1) Before the hearing of the expert, the Chairman of the Chamber will warn him on his duty that he is to state his diagnosis and opinion according to his best knowledge and that false diagnosis and opinion are crime.
(2) The Chamber may decide the expert to take an oath before the expertise.
(3) The oath is taken orally.
(4) The contents of the oath is as follows: "I swear on my honour that I shall perform the expertise conscientiously and according to my best knowledge and that I shall present my diagnosis and opinion fully and correctly".
(5) The regularly appointed sworn expert instead of taking an oath will be warned on his already taken oath.
(6) The expert presents orally his diagnosis and opinion at the trial. If before the trial the expert has prepared in writing his diagnosis and opinion, he may be allowed to read it in which case his elaboration in writing will be enclosed to the minutes.
(7) If the expertise is completed in a specialised institution i.e. a state agency, it may be decided the experts of the institution i.e. agency who were entrusted with the expertise not to be summoned if according to the nature of the completed expertise a complete explanation of the written diagnosis and opinion cannot be expected. In that case at the trial the Chamber may decide the diagnosis and the opinion of the specialised institution i.e. state agency only to be read. If it is found necessary in view of the other presented evidence and notes by the parties (Article 327) the Chamber may in addition decide the experts who has performed the expertise immediately to be examined.

Article 319
(1) When the Chairman of the Chamber completes the hearing of a witness or expert, the members of the Chamber may immediately question the witness i.e. expert. The prosecutor, defendant, counsel, damaged, defence attorney, authorised representatives and experts, on the approval of the Chairman of the Chamber may immediately question the witnesses and experts.
(2) The Chairman of the Chamber will prohibit a question or will reject an answer to be given to an already set question if it is not allowed (Article 211) or it does not concern the case. If the Chairman of the Chamber prohibits certain question or answer, the parties may request the Chamber to decide on that.

Article 320
If at the previous hearing the witness or expert has stated facts which he cannot remember any further or if he deviates from his statement, he will be reminded of his previous statement i.e. his deviation and will be asked of the reasons for his different statement and if necessary his previous statement or part of it will be read.

Article 321
(1) The heard witnesses and experts remain in the court room if after the hearing of the parties the Chairman of the Chamber does not release them or if he does not order for them to be temporarily removed from the court room.
(2) On the proposal of the parties or ex officio the Chairman of the Chamber may order the heard witnesses and experts to be removed from the court room and to be summoned later again and again to be examined in the presence or absence of other witnesses and experts.

Article 322
(1) If it is found at the trial that the witness or expert cannot come before the court or that his arrival is significantly burdened, if the Chamber considers his statement to be of an importance, the Chamber may order him to be heard out of the trial by the Chairman of the Chamber or a judge- member of the Chamber or the hearing to be performed by the investigating judge of the court on which region is the witness i.e. expert.
(2) If it is necessary the inspection or reconstruction to be performed out of the trial, it will be performed by the Chairman of the Chamber or by the judge who is a member of the Chamber.
(3) The parties and the damaged will be always informed when and where the witness will be heard i.e. the inspection or reconstruction will be performed with a warning that they may be present. If the defendant is in a pre- trial detention, the Chamber decides on the necessity of his presence at these acts. When the parties and the damaged are present at these acts they have the right according to Article 161, paragraph 8 of this Code.

Article 323
At the trial, after the hearing of the parties, the Chamber may decide the investigating judge to undertake certain acts in order certain facts to be clarified, if the undertaking of this acts at the trial would be connected to a significant delay of the procedure or with other significant difficulties. When the investigating judge proceeds according to such a request by the Chamber, provisions concerning undertaking investigating acts are applied.

Article 324
(1) Minutes for inspection out of the trial, for search of a residence or a person and for confiscation of objects, as well as corrections, books, records and other writs which serve as evidence will be read at the trial in order their contents to be certified and if the Chamber evaluates so, their contents may be briefly orally presented. The writs which have the meaning of an evidence if possible are submitted in original.
(2) The objects which serve the issues to be clarified, during the trial may be shown to the accused and if necessary also to the witnesses and experts.

Article 325
(1) If the certification of a fact is based on a statement of a person, he is to be heard personally at the main trial except in the circumstances specified in the article 270-a of this law”
. The hearing cannot be altered by reading his previous statement from the minutes nor by his statement in writing.
(2) Apart from the cases which are particularly anticipated by this Code, the minutes for the statements of the witnesses, other defendants or already convicted collaborators in the crime, as well as minutes or other writs for the diagnosis and opinions of the experts may be read on the decision of the Chamber only in the following cases:
1) if the examined persons are deceased, are mentally ill or cannot be found, or if their apprehension before the court is not possible or is significantly difficult due to their old age, illness or other important reasons;
2) if the witnesses or experts for illegal reasons chose not to give statements at the trial.
(3) On the agreement with the parties, the Chamber may decide after the hearing the minutes for the previous hearing of the witness or expert i.e. his written diagnosis and opinion to be read, although the witness i.e. expert is not present, regardless of the fact that he was summoned at the trial. With exception, without parties hearing, the Chamber may decide the minutes for hearing of the witness or expert at the previous trial which was before the same Chairman of the Chamber to be read, although the period under Article 297, paragraph 5 of this Code has expired, or the Chamber may decide the following to be read: the written diagnosis and the opinion by the specialised institution or the state agency, when the summoned expert from the institution or agency who has performed the expertise does not attend the trial or if in view of other presented evidence the Chamber evaluates that it is necessary the participants to be introduced with the contents of the minutes or with the written diagnosis and the opinion. When the minutes i.e. the written diagnosis and the opinion are read and when the notes of the parties are heard (Article 327), having in consideration the other presented evidence, the Chamber will decide whether the witness or expert will be immediately heard.
(4) The minutes of the previous hearings of persons who are released from their duty to act as witnesses (Article 219) cannot be read if the persons are not summoned at the trial at all or if they stated at the trial that they do not wish to witness. After the completed presentation of evidence, the Chamber will decide these minutes to be separated from the records and to be kept separately (Article 79). The Chamber will proceed in the same manner also in view of other minutes and announcements under Article 79 of this Code, if a decision for their separation has not previously been brought. A special appeal is allowed against the decision for separation of the minutes and announcements. After the decision has become legally valid, the separated minutes and announcements are closed in special cases and entrusted to the investigating judge for a separate guarding from the other records and cannot be accessed nor used in the procedure. The separation of the minutes and the announcements must be performed before the records are submitted to the superior court due to the appeal against the verdict.
(5) The reasons the minutes to be read will be inserted in the minutes of the trial, and during the reading it will be announced whether the witness or the expert has taken an oath.

Article 326
In cases of Articles 309, 320 and 325 paragraph 3 of this Code, as well as in cases when it is necessary, apart from the reading of the minutes, the Chamber may decide at the trial the recording from the examination i.e. hearing to be reproduced (Article 80).

Article 327
After the completed hearing of each witness or expert and after the reading of each minutes and other writs, the Chairman of the Chamber will ask the parties and the damaged whether they have anything to add.

Article 328
(1) After the completed presentation of evidence, the Chairman of the Chamber will ask the parties and the damaged whether they have certain proposals as an addition to the procedure of presentation of evidence.
(2) If no one proposes as an addition to the procedure of presentation of evidence or if the proposal is rejected and the Chamber finds that the issue is inspected, the Chairman of the Chamber will announce that the procedure of presentation of evidence is completed .