Part 3. Proof and evidence.
Section XVIII. Witnesses.
Article 123
The judge may, in accordance with a demand by the prosecutor or a witness, decide that the defendant is to be sent out of the court while the witness is questioned if the judge considers that the presence of the defendant could be particularly difficult for the witness and influence his or her testimony.
If a witness under the age of 15 is questioned, the judge may summons an expert to assist with the questioning. The prosecutor, the defendant and his or her defence counsel shall not be entitled to be present in the courtroom or other locality where the court sits if the judge considers that their presence could be particularly difficult for the witness and influence his or her testimony. In the same way, the judge may decide that the defendant and the
legal counsels pleading the case are to leave the courtroom if a witness is questioned without having to state his or her name aloud (cf. the eighth paragraph of Article 122).
If the defendant is not permitted to be present during questioning under the first paragraph, or this applies both to the defendant and the legal counsels pleading the case under the second paragraph, the judge shall ensure that they are able to follow the questioning as it takes place. Furthermore, the judge shall ask the witness any questions that they wish to have put to him or her. [The Courts Administration] 1) shall set further rules 2) on arrangements for questioning under this Article.
1)Act 53/2017, Art. 2. 2) Rgl. 190/2009.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;