Section 109. Witnesses
(1) A witness is a person who has been summoned, in accordance with the procedures laid down in law, to provide information (testify) regarding the circumstances to be proven in criminal proceedings and the facts and auxiliary facts related to such circumstances.
(2) In pre-trial criminal proceedings, a witness shall provide information in an inquiry or interrogation. During trial, a victim shall provide information only in an interrogation.
(3) The person directing the proceedings may also summon as a witness an official who is or was authorised to conduct proceedings in pre-trial proceedings, except for an investigating judge or prosecutor, if such person maintains State prosecution in the specific criminal proceedings.
Section 131. Testimony
(1) Evidence in criminal proceedings may be information regarding facts provided in a testimony during an interrogation or questioning by a person regarding the circumstances to be proven in the criminal proceedings, and the facts and auxiliary facts connected thereto.
(2) Testimony is also a report, submission or explanation regarding the criminal offence, specific facts and circumstances written and signed by the person himself or herself and addressed to an investigating institution, office of the prosecutor, or court.
(3) If a person had the right, in the cases determined in this Law, to refuse to provide testimony, and the person was informed regarding such right, but nevertheless did provide such testimony, then such testimony shall be assessed as evidence.
Section 151. Interrogation of Witness, Victim, Representative and Owner of Property Infringed during the
Criminal Proceedings
(1) Before an interrogation, the rights and duties of a witness, victim, a representative provided for in this Law and owner or legal possessor of property infringed during the criminal proceedings shall be explained to him or her and he or she shall be notified regarding the liability for refusing to testify or for knowingly giving false testimony.
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.