Persons Who May Be Heard as Witnesses
Article 107
(1) Persons who are likely to provide information regarding the criminal offence and the perpetrator and other relevant circumstances shall be summoned as witness.
(2) The injured party, subsidiary prosecutor and private prosecutor may be heard as witnesses.
(3) Every person summoned as witness shall answer the summons and, unless otherwise prescribed by this Code, shall testify as well.
Examination of Witnesses and Expert Witnesses
Article 347
(1) With regard to the examination of witnesses and expert witnesses at the main hearing, the general provisions regulating their examination shall apply accordingly.
(2) A witness, who has not yet been examined, shall not, as a rule, be present when evidence is presented.
(3) If a witness who is to be examined happens to be minor, the Panel may decide to exclude the public during his/her examination.
(4) If a minor is present at the main hearing in a capacity of the witness or injured party, s/he shall be removed from the courtroom as soon as his/her presence is no longer needed.
Presentation of Findings and Opinions of Expert Witnesses and Duties of Expert Witnesses
Article 349
(1) Before an expert witness is examined, the Chair of the Panel shall admonish him/her to give his/her expert findings and opinion to the best of his/her knowledge and caution him/her that giving false expert findings and opinion constitutes a criminal offence.
(2) The Chair of the Panel may call on the expert witness to take an oath before his/her expert evaluation if s/he has not already given an oath, and if s/he has already taken such an oath, the Chair of the Panel may remind him/her of this oath.
(3) The expert witness shall present orally at the main hearing his/her expert findings and opinion. If before the main hearing the exert witness has put his/her expert findings and opinion in writing, s/he may be allowed to read them aloud, in which case his/her written report shall be added to the records.
(4) Instead of summoning the expert of the institution or body assigned to provide an expert evaluation, the Panel may decide that findings and opinion shall only be read if, because of the nature of expert evaluation a more complete elaboration of their written findings and opinion is not likely to be expected. If it is deemed that this is necessary due to other evidence that has been presented as well as to objections of the parties (Article 358), the Panel may subsequently decide to directly examine experts who gave their expert evaluation.
Putting Questions to Witnesses and Expert Witnesses
Article 350
(1) After the witness or expert witness has been heard, the parties, Chair of the Panel and members of the Panel may put questions to him/her directly, in the consecutive order as determined in Article 342, paragraph 1 of the present Code. The injured party, proxy, legal representative and expert witnesses may ask questions directly, subject to the approval of the Chair of the Panel.
(2) The Chair of the Panel shall forbid a question or reject the answer to the question that has already been asked if the question is impermissible (Article 101), or if it does not relate to the case. If the Chair of the Panel forbids a certain question or an answer, the parties may request that a decision on it is taken by the Panel.
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.