Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS
CHAPTER 12. PROTECTION OF THE PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS
Article 98. Obligation to protect the Injured, Defense Attorneys, Witnesses, Accused and Other Persons Participating in the Criminal Proceedings
1. Upon discovery of the need to protect the injured, defense attorneys, witnesses, the accused and other persons participating in the criminal proceedings from criminally punishable encroachments, the body of criminal proceedings, at the request of these persons or by its own initiative, takes measures of necessary protective measures. Protective measures are mandatory to be applied, if the persons participating in the criminal proceedings or their close relatives were physically threatened, in connection with the participation of the latter in the proceedings.
2. The request of the participant of the proceedings for protective measures is considered immediately, but not later than within 24 hours from its receipt. The decision that has been made is advised to the applicant and the copy of the decision is sent to him.
3. The applicant is entitled to file an appeal against a decision rejecting protective measures, within 5 days, in the court or, if the copy of the decision has not been received within 7 days, to apply to the court with a demand to introduce protective measures.
4. The refusal to apply protective measures does not prevent the participant of the proceedings from to repeatedly apply with a demand to introduce such measures, if he was threatened again or assaulted, or other circumstances not reflected previously emerged.
Article 99. Measures of Protection of Injured, Defense Attorneys, Witnesses, Accused and Other Persons Participating in the Criminal Proceedings
1. The following is implemented in the capacity of the measures of protection of injured, witnesses and other persons, participating in the criminal proceedings:
1) the adoption by the court or the prosecutor an official warning to a person, from whom the threat of violence or other deed forbidden by the criminal law originates, on possible imposition of criminal responsibility on him/her;
2) the limitation of the access to the information on the person under protection;
3) provision of the security of the person under protection.
2. Upon passing the official warning the person, in respect of which it is passed, is summoned to the prosecutor, the investigator, inquiry body official, which declare to him/her an official warning;
3. The limitation of the access to the information on the person under protection consists in the seizure from the materials of the criminal case of all information on the respective person, and in their storage separately from the main proceedings. In this case the materials, separated from the main proceedings are accessible for acquainting of the court only, and also to the bodies of criminal prosecution, and other participants of the trial may acquaint themselves only upon the permission of the body, conducting the criminal trial, if it could be proved, that the disclosure of the respective materials is necessary for the implementation of the protection of the suspect and accused or for revealing any circumstances, substantial for the consideration of the criminal case.
4. The ensuring of the security of the protected person consists in application of the one or several of the following measures:
1) personal escort of the protected person or his/her relative;
2) the guarding of the residence or the property, belonging to the guarded person or in his/her use;
3) temporary transportation of the guarded person to a place, where his/her security can be provided;
4) the transportation of the detained person into a facility, where his/her security can be provided.
5. The measures of guarding are terminated by a substantiated resolution of a body, conducting criminal trial, if the necessity of in the application of the measures passes. The guarded persons shall be informed immediately by the body, conducting the criminal trial, on the termination of the measures for his/her protection or the disclosure of information to whoever from the persons, participating in the proceedings of the criminal case, with the exception of the officials of the criminal prosecution bodies.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.