Article 18. Public Nature of Court Hearings

(2^1) In a proceeding involving a juvenile victim or witness, the court shall hear his/her testimony in a closed hearing.

Article 90. Witness
(1) A witness is a person summoned in this capacity by the criminal investigative body or by
the court and who testifies in the manner duly provided for in the law as a witness. Persons

(7) A witness shall be obliged:
1) to appear when summoned by the criminal investigative body or the court to testify and to participate in procedural actions;
2) to truthfully testify, to communicate all he/she knows about the respective case and to answer questions addressed to him/her; to confirm with his/her signature the accuracy of his/her testimony included in the transcript of the procedural action or attached thereto;
3) at the request of the criminal investigative body or of the court, to submit objects, documents, samples for a comparative investigation;
4) at the request of the criminal investigative body, to allow a corporal examination;
at the request of the criminal investigative body, to undergo an out-patient examination in order to verify his/her ability to correctly understand the circumstances in the respective case and to testify correctly if there are sound reasons for questioning such an ability;
5) to obey the legal orders of the representative of the criminal investigative body or the chairperson of the court hearing;
6) not to leave the courtroom without the permission of the chairperson of the court hearing;
7) to behave in an orderly fashion during the court hearing.

(8) The unjustified failure of a witness to execute his/her obligations implies the liability provided for in the law.

(9) Should a witness without justification not appear during a procedural action, the criminal investigative body or the court shall have the right to summon him/her by force.

(10) A witness refusing to testify or evading testifying shall be liable in line with art. 313 of the Criminal Code, while a witness deliberately making false statements shall be liable in line with art. 312 of the Criminal Code.

(11) The close relatives and the spouse, fiancé, fiancée, concubine of the suspect/accused/defendant shall not be obliged to testify against them. The criminal investigative body or the court shall be obliged to inform these persons of that right and they shall confirm with their signatures the fact of their notification.

Article 105. Testimony of a Witness and the Procedure for Examining a Witness
(1) The testimony of a witness shall be oral or written as made by him/her during an examination under this Code regarding any circumstances to be determined in the case including information about the suspect/accused/defendant, injured party and his/her relationship with them.

(2) The persons summoned as witnesses on the same case shall be examined separately in the absence of the other witnesses. The person conducting the criminal investigation shall undertake measures to prevent communication among witnesses summoned on the same case.

(3) Prior to examining a witness, the person conducting this procedural action shall establish his/her identity (last name, first name, age, domicile, occupation). Any doubts about the identity of the witness shall be recorded and clarified through another source of evidence.

(4) A deaf and dumb witness shall be examined with the participation of an interpreter who understands sign language. The participation of the interpreter shall be recorded in the transcript.

(5) Should the witness suffer from a mental or any other severe disease, he/she shall be examined with the consent and in the presence of a doctor.

(6) The person conducting the procedural action shall explain to the witness his/her rights and obligations set forth in art. 90 and shall warn him/her about his/her liability for refusing to testify or for deliberately making false testimony. This fact shall be recorded in the transcript of the examination.

(7) Every witness shall mandatorily be asked if he/she is the spouse or a close relative of any of the parties and about his/her relationship with the parties involved. Should he/she be the spouse or a close relative of the suspect/accused/defendant, the witness shall be informed about his/her right not to testify against them. The witness shall be asked if he/she agrees to make statements.

(8) Questions obviously aimed at insulting or humiliating a person shall be prohibited during the examination of a witness.

Article 112. Statements and Examination of a Civil Party and a Civilly Liable Party
(1) The statements and examination of a civil party and a civilly liable party shall comply with the provisions related to the interrogation of the accused duly applied. A civil party and a civilly liable party shall provide explanations on the civil action filed.

(2) A civil party may be examined as a witness regarding the circumstances important for the settlement of the criminal case and the provisions for examining a witness shall be duly applied.

Article 370. Hearing Witnesses
(1) Witnesses shall be heard separately and in the absence of the witnesses who have not yet been heard. Witnesses for the prosecution shall be heard first.

(2) Witnesses shall be heard in line with the provisions in arts. 105–110 which shall duly apply. If necessary, a witness at his/her request or on a motion by the prosecutor may be heard in the absence of the defendant who has been removed from the courtroom but who shall be given the possibility to review the statements made and to address questions via his/her defense counsel to the person heard.

(3) The parties in proceeding shall be entitled to address questions to a witness. The first to ask questions shall be the participants in the proceeding of the party that requested the hearing of the witness, followed by the other participants. The chairperson of the hearing and the other judges may address questions to a witness under the conditions in art. 367 para. (2).

(4) Each party may ask additional questions to elucidate and complete the answers provided to the questions of the other parties.

(5) The chairperson may allow a witness who has been heard to leave the courtroom before the completion of the judicial inquiry, however, only after hearing the opinions on this issue of the parties in the proceeding.

(6) A witness whose absence is not justified if a party insists that he/she be heard may be brought to court by force.

Article 481. Hearing a Juvenile Witness
(1) A juvenile witness shall be summoned and heard in line with the provisions in arts. 105, 109 and 478–480 which shall duly apply.

(2) Prior to hearing him/her, a juvenile witness shall be advised of his/her rights and obligations as provided in art. 90 including the obligation to make true statements. A juvenile witness shall not take the oath.

(3) The legal representative of a juvenile witness or, as the case may be, his/her representative in line with the provisions in arts. 91 and 92 shall participate in his/her hearing.