Section 48a
Particularly vulnerable witnesses; requirement of expedited action

(1) If the witness is also the aggrieved person, then account is to be taken at all times of his or her particular vulnerability throughout hearings, examinations and other investigatory acts concerning him or her. An examination is, in particular, to be made

1. as to whether an imminent risk of serious detriment to the witness’s wellbeing requires measures to be taken pursuant to section 168e or section 247a,
2. as to whether any of the witness’s overriding interests meriting protection require that the public be excluded pursuant to section 171b (1) of the Courts Constitution Act and
3. as to what extent it is possible to refrain from asking non-essential questions concerning the witness’s personal sphere of life pursuant to section 68a (1).

Account is, further, to be taken of the witness’s personal situation and the nature and circumstances of the offence.

(2) Hearings, examinations and other investigatory acts concerning acts to the detriment of a minor aggrieved person must be conducted in a particularly expedited manner insofar as this is necessary, taking account of the witness’s personal situation and the nature and circumstances of the offence, to protect the minor aggrieved person or to prevent the loss of evidence.

Section 58a
Video and audio recording of examination
(1) A video and audio recording may be made of the examination of a witness. After evaluation of the relevant circumstances, the examination is, as a rule, to be recorded and conducted as a judicial examination

1. if the interests meriting protection of persons under 18 years of age and of persons who as children or juveniles were aggrieved by one of the offences under section 255a (2) can thus be better safeguarded or
2. if there is a concern that it will not be possible to examine the witness during the main hearing and the recording is required in order to establish the truth.

The examination must, following an evaluation of the relevant circumstances, be recorded and conducted as a judicial examination if the interests meriting protection of persons who have been aggrieved by offences against sexual selfdetermination (sections 174 to 184j of the Criminal Code) can thus be better safeguarded and the witness consented, prior to the examination, to the video and audio recording being made.

(2) Use of the audio-visual recording is admissible only for the purposes of the criminal prosecution and only insofar as it is required in order to establish the truth. Section 101 (8) applies accordingly. Sections 147 and 406e apply accordingly, subject to the proviso that copies of the recording may be made available to persons entitled to inspect the files. The copies may not be duplicated nor may they be passed on. They are to be returned to the public prosecution office as soon as there is no further legitimate interest in using them. The transfer of the recording or the release of copies to persons or authorities other than those aforementioned is subject to the consent of the witness.

(3) If the witness does not consent to a copy of the recording of his or her examination as a witness being made available pursuant to subsection (2) sentence 3, then the record is to be released instead to the persons entitled to inspect the files in accordance with section 147 and section 406e. The right to view the recording pursuant to section 147 and section 406e remains unaffected. The witness is to be informed of the right to refuse consent under sentence 1.