Special Measures of Witness Protection and Justice Collaborators
The general conditions for applying special measures for the protection of witnesses
1. When the implementation of the ordinary measures of protection of the witness is not sufficient and suitable, special measures of protection according to this law are implemented, if the witness accepts and willingly collaborates with the prosecution office and court, and through his complete testimony made without conditions and reserves, gives firmly grounded information which:
a) constitute fundamental evidence related to a criminal proceeding for serious crimes;
b) help preventing serious crimes or reducing their effects;
c) help in repairing losses and damages caused by committing a serious crime.
2. The implementation of the special measures on witness protection is decided only if the witness is in a real, concrete and serious situation, suitable to be included in these measures, and provided that he/she accepts and participates actively in their implementation with free will.
3. Depending upon concrete circumstances, the Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators can apply the special measures of protection also to persons close to the witness or related to him/her.
4. The rules and detailed criteria on the issues provided in points 1, 2 and 3 of this article are to be provided in common instructions of the General Prosecutor, Minister of Public Order and Minister of Justice.
General conditions for applying special measures of protection for justice collaborators
1. When the implementation of the ordinary protection measures for the collaborator of justice is not sufficient and suitable, special protection and treatment measures are applied according to this law, when the person accepts and collaborates with the Prosecution Office and Court, and when through firmly grounded information and declarations:
a) gives light to facts and important circumstances during the criminal process, which serve as fundamental and irreplaceable evidence in detecting, investigation and judgement of serious crimes;
b) assists or testifies for the prevention of serious crimes and for recovering of losses and damages caused by the commitment of these crimes.
2. The implementation of special protection measures is decided only if the collaborator of justice is in a real, concrete and serious dangerous situation, is suitable to be included in these measures and with the condition that during the session, he/she makes complete declarations without conditions and reserves, accepts the implementation of the special measures, and actively participates in their implementation with his/her free.
3. Depending on concrete circumstances, the special protection measures are set by the Commission of Evaluation of Special Measures of Witness Protection and Justice Collaborators, and applied also for the persons closed to or related with the collaborator of justice.
4. The rules and detailed criteria on the issues provided in points 1, 2 and 3 of this article are to be determined by joint guidelines of the General Prosecutor, Minister of Public Order and Minister of Justice.
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: