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.

1^1. When assessing the credibility of a testimony of a witness, among other factors, his/her ability to properly comprehend, memorise and recollect the circumstances relevant to the case shall be taken into account.

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 76 – Indirect testimony

1. A testimony that is based on the information disseminated by any other person shall be considered indirect.

2. An indirect testimony shall be considered as admissible evidence only if the person giving an indirect testimony refers to the source of information that can be identified and the real existence of which can be established.

3. During a hearing on the merits, an indirect testimony shall be considered as admissible evidence if it can be proved by any other evidence that is not an indirect testimony.

Article 115 – General rules of examination

1. Before starting an examination, the court shall establish the identity of the witness. The court shall explain to the witness, after the latter takes an oath, his/her rights and obligations, the case for which he/she has been summoned, also the obligation to disclose all information on the case known to him/her, and warn him/her about criminal liability for refusal to give testimony, or for providing false testimony; the court shall also inform the witness that he/she is not obliged to give incriminating testimony against himself/herself or his/her relatives. The court shall also establish the type of relationship of a witness with the accused and the victim.

2. Upon the commencement of an examination, the party who initiates the summons shall invite a witness to disclose all information on the case that is known to him/her. It shall be prohibited to interrupt a witness when the latter gives answers; however, if the witness talks about circumstances that clearly are not related to the case under review, the judge may, upon motion of the party, interrupt him/her. After that, the person who initiated the examination may, for the purpose of completeness and clarification of the testimony given by the person to be examined, ask the witness questions in accordance with Article 244 of this Code. Upon completion of direct examination, an opposing party shall be entitled to conduct a cross examination of a witness in the manner provided for by Article 245 of this Code.

3. A witness may only be examined with regard to circumstances that are essential to the case under review.

4. A question on previous convictions may be put to a witness if it is necessary to establish the reliability of the witness.

5. If it is difficult for a witness to verbally describe the event that he/she has witnessed, he/she may make his/her testimony using other forms of expression, in particular, by a drawing, a scheme, a sketch or any other similar form.

6. During the examination, a witness may use a document, a record or any other object containing information.

7. The parties may request the person to be examined to provide the document, the record or any other object containing information that he/she used during the examination, and return it to the person after its examination or enclose it with the case files.

8. During the examination, the parties may present to a witness an item, a document or any other object containing information enclosed with the case files.


Article 117 – Interviewing/examining persons with disabilities and seriously ill persons

1. Persons with disabilities shall be interviewed/examined taking into account appropriate disability adjustments to ensure that they efficiently perform their roles of direct and indirect participants.

2. Persons with disabilities shall be interviewed/examined with the participation of sign language interpreters. If a person to be interviewed/examined is deaf, he/she can be asked questions in writing. If the person is mute, he/she may answer the questions in writing.

3. A seriously ill person shall be interviewed/examined with the permission of and, if necessary, in the presence of a physician.


Article 118 – Examination of a witness during a hearing on the merits

1. A witness for the prosecution shall first be examined by the prosecutor and then by the defence, and vice versa.

2. A witness shall be examined separately from witnesses who have not yet been examined. At the same time, the court shall take measures to ensure that witnesses summoned for the same case, do not interact with each other until the end of their examination. After the end of an examination, the judge shall inform the witness of his/her right to be present during the court session.

3. A witness, who is not able to appear before a court for examination due to circumstances provided for by Article 114(1)(a), (b) and (d) of this Code, shall not be examined. In this case, his/her pre-trial testimony shall be made public at the hearing on the merits. Only this testimony may not serve as grounds for a judgment of conviction, unless it is corroborated by any other evidence that proves the guilt of the person.