Protección de los testigos – procedimientos nacionales

ex República Yugoslava de Macedonia

Macedonia - Criminal Procedure Code 2010 EN

PART TWO COURSE OF PROCEDURE
Chapter XVIII INVESTIGATING ACTS
5. Hearing of witnesses

Article 223-a
(1) If there is any probability that by giving a statement or by answering a certain question, the witness, collaborator of justice or the victim i.e. the person who suffered some damage, would expose himself or herself or another closely related person to a serious threat to their life, health or physical integrity (endangered witness), the endangered witness may withhold his statement or the presentation of information as referred to in Article 223, paragraph (3) of this Law, until the necessary conditions for his or hers protection are provided for.
(2) The protection of the endangered witness, consists of a special method of examination and participation in the procedure regulated by this Law (Chapter XIX-a) and by application of protective measures outside the procedure, regulated by another law.
(3) If the investigative judge believes that the threat apprehension, as referred to in paragraph (1) of this Article is well founded, he or she shall terminate the examination and will undertake urgent actions, pursuant to the provisions for protection of witnesses, collaborators of justice or victims, regulated by this Law.
(4) If the investigative judge believes that the request as referred to in paragraph (1) of this Article is unfounded, he or she shall act pursuant to Article 229 of this Law. (1)
Article 224

PART TWO COURSE OF PROCEDURE
Chapter XX,Protection of the Witness, Justice Collaborators and Victims

Article 270-a
(1) Upon proposal by the public prosecutor, the court shall decide on the measures of procedural protection of the endangered witness. If the endangered witness has withheld the presentation of the information, as referred to in Article 223-a, paragraph (1) of this Law, without any delay, the investigative judge or the President of the trial chamber shall inform the public prosecutor and submit a report, with a request that in a period of three days, he or she submits a proposal with a written rationale, for the application of the special method of examination and participation in the procedure.
(2) If the public prosecutor does not submit a proposal for the special method of examination and participation in the procedure of the endangered witness within the deadline prescribed in paragraph (1) of this Article, the investigative judge or the President
of the trial chamber shall ask the trial chamber to adopt a decision about the special method of examination and participation (Article 22, paragraph 6). The trial chamber (Article 22, paragraph 6) shall be obliged to adopt the decision within 48 hours after the receipt of the request by the investigative judge or the President of the trial chamber.
(3) The public prosecutor shall deliver the proposal with a written rationale, for the application of the special method of examination and participation in the procedure, to the investigative judge or the President of the trial chamber in a sealed envelope marked as “endangered witness – confidential”. In the proposal itself, the public prosecutor shall elaborate on the special method of examination and participation by the endangered witness that are being proposed and the reasons herein.
(4) The public prosecutor may submit the proposal as referred to in paragraph (4) of this Article even before the initial examination of the endangered witness, or later on during the proceedings, but immediately after becoming aware about the existence of the threats to the endangered witness in respect of Article 223-a of this Law.
(5) The investigative judge, i.e. the President of the trial chamber shall decide relative to the public prosecutor’s proposal, by issuing a decision.
(6) The parties and the endangered witness shall have the right to appeal the decision as referred to in paragraph (5) of this Article to the Trial chamber (Article 22, paragraph 6), which shall make its own decision within a period of three days.

Article 270-b
(1) The special method of examination may consist of concealing the identity and the appearance of the endangered witness.
(2) When the special method of examination and participation by the endangered witness relates only to concealing the information as referred to in Article 223-a, paragraph (1) of this Law, the concealment of the identity shall be provided for by examination of the endangered witness by using a pseudonym. In certain cases, especially if it is a person who participated in the application of special investigative measures, as referred to in Article 142-b of this Law, during the examination, the person may provide his or hers name and the address of the institution he or she is working for, but no additional personal data. In every other regard, the examination of the endangered witness shall be conducted pursuant to the general provisions for examination of witnesses of this Law.
(3) The concealment of the appearance of the endangered witness who is being examined under a pseudonym, shall be provided for by the use and application of special technical devices for transfer of audio and video pictures, where the appearance of the endangered witness and his or hers voice are modified and distorted. During the examination, the endangered witness is in a separate room, which is physically detached from the courtroom, which houses the investigative judge, i.e. the President of the trial chamber and other individuals who are present during the examination.
(4) Upon completion of the examination, the endangered witness shall sign the transcript under his or hers pseudonym, in the presence of the investigative judge only, or in the presence of the President of the trial chamber and the court secretary.
(5) Any person, under any competence, who has acquired knowledge about any data related to the endangered witness, shall be obliged to treat it as if it was classified information in accordance with the law.

Article 270-c
The application of measures for protection outside the proceedings shall be done by inclusion in the Witness Protection Program, by applying the provisions regulated with a separate law .

Estatuto de Roma

Artículo 93 Otras formas de cooperación

1. Los Estados Partes, de conformidad con lo dispuesto en la presente Parte y con los procedimientos de su derecho interno, deberán cumplir las solicitudes de asistencia formuladas por la Corte en relación con investigaciones o enjuiciamientos penales a fin de:

(j) Proteger a víctimas y testigos y preservar pruebas;