Article 15 – Right to refuse testimony
No one shall be obliged to testify against oneself or other persons specified in this Code.
Article 15 – Right to refuse testimony
No one shall be obliged to testify against oneself or other persons specified in this Code.
Article 75 – Testimony of a witness
1. A testimony of a witness may not be considered as evidence, unless the witness is able to point out to the source of information, or if it is established that, due to disability, he/she is not able to properly comprehend, memorise and recollect facts.
2. If there is substantial discrepancy between the information provided by a person during the interview and his/her testimony or between the testimonies of a witness, a party may file a motion with the judge requesting the recognition of the testimony (testimonies) as inadmissible evidence.
3. A testimony of a witness shall be considered as inadmissible evidence, unless the protocol of the interrogation of that witness has been submitted to the other party in the manner prescribed by Article 83 of this Code.
Article 243 – Examination of interview records and testimony given during the investigation; distance examination of a witness
2. If a witness appears before the court to give testimony at the hearing on the merits, a party may request that the record of interview of that person or the testimony given in accordance with Article 114 of this Code be publicly read fully or partially, and that the audio or video recording of this testimony be played (demonstrated). The court shall be obliged to satisfy this request.
3. By a court decision, upon motion of a party, a witness may be examined remotely, by using technical means from the same or another court or any other place, of which the parties shall be notified in advance.
Article 244 – Direct examination
1. A direct examination shall be carried out by the party that summoned the witness for examination.
2. During a direct examination, leading questions may not be put. A party may file a motion not to allow a leading question and/or to recognise such question and the answer to it as inadmissible evidence.
3. The presiding judge shall give a party (witness) a reasonable period to put a question(s) and answer the question asked.
Article 245 – Cross examination
1. A cross examination shall be conducted by the party that did not summon the witness for examination.
2. During a cross examination, leading questions may be asked.
3. The presiding judge shall give a party (witness) a reasonable period to put a question(s) and answer the question asked.
Article 246 – Re-direct and re-cross examination. Objected questions
1. A party may conduct a re-direct and re-cross examination. During a re-direct examination, a party shall be limited to the limits of cross examination, and during a re-cross examination, to the limits of re-direct examination.
2. During the examination of a witness, objected questions shall, upon motion of a party, be struck by the presiding judge.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.