Article 71
4.10. to interview witnesses or possible suspects in accordance with Article 74 of this Code;
Article 118
1. The state prosecutor may interview a witness under Article 128 of this Code prior to taking pretrial testimony, or he may instruct the police to conduct the interview.
Article 119
Pretrial Interviews, Pretrial Testimony and Special Investigative Opportunities
1. During the investigation stage, the evidence from witnesses and expert witnesses may be taken in one of three (3) kinds of sessions: pretrial interviews, pretrial testimony or special investigative opportunity.
2. The pretrial interview is conducted by the state prosecutor. A record of the interview will be made and shall be placed in the file. Evidence obtained during the pretrial interview may be used as a basis to substantiate pretrial investigative orders, orders for detention on remand, and indictments. Evidence obtained during the pretrial interview may not be used as direct evidence during the main trial, but may be used during examination, cross-examination and re-examination, unless otherwise provided by this Code.
3. The pretrial testimony shall be conducted by the state prosecutor in accordance with Articles 129-130 of this Code. Evidence from the pretrial testimony shall be audio-recorded, audio and video-recorded or transcribed verbatim. Evidence obtained during the pretrial testimony may be used as a basis to substantiate pretrial investigative orders, orders for detention on remand, and indictments. Pretrial testimony shall be admissible during the main trial for direct examination, cross-examination and redirect-examination. Pretrial testimony may be used as direct evidence during the main trial if the witness is unavailable due to death, illness, assertion of privilege or lack of presence within Kosovo only if the defendant or defense counsel has been given the opportunity to challenge it by questioning that witness during some stage of the criminal proceedings.
4. The Special Investigative Opportunity shall be conducted before the pretrial judge in accordance with Article 147 of this Code. Evidence from the Special Investigative Opportunity shall be audio-recorded, audio and video-recorded or transcribed verbatim. Evidence obtained during the Special Investigative Opportunity may be used as a basis to substantiate pretrial investigative orders, orders for detention on remand, and indictments. Evidence from a Special Investigative Opportunity shall be fully admissible during the main trial.
5. Statements provided by a defendant in any context, if given voluntarily and without coercion, are admissible during the main trial against that defendant, but may not serve as sole inculpatory or decisive evidence to convict the defendant that entered such statements. Statements provided by a defendant in any context, if given voluntarily and without coercion, may not be used against co-defendants in the same criminal proceedings or in separated proceedings, except when the present code explicitly determines that such statements may serve as evidence.
6. After issuing an expert report, expert witnesses may be interviewed, provide pretrial testimony
1. Les États Parties font droit, conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale, aux demandes d'assistance de la Cour liées à une enquête ou à des poursuites et concernant :
c) L'interrogatoire des personnes faisant l'objet d'une enquête ou de poursuites ;