Part 2 Evidencing

Chapter 17 Investigation

Section 1 Institution of Pre-trial procedure and Conduction of Investigation

Article 223

Interrogation of a witness before a judge

(1) Where there is a danger that a witness may be unable to appear before the court because of serious illness, continuous absence from the country or for other reasons, which make impossible his/ her appearance in a court hearing, and where it is necessary to attach testimonies of a witness, which are of exclusive importance for the detection of the objective truth, the interrogation shall be carried out before a judge of the respective court of first instance or of the court of first instance where the action is performed. In this case, the file shall not be submitted to the judge.

(2) The body of investigation shall secure the appearance of the witness and the possibility for the witness and his/her attorney, if there is such, to take part in conducting the interrogation.

(3) Unless there are special rules, the interrogation under Para. 1 shall be conducted according to the rules of the court investigation.

(4) The defendant or his/her defender may require from the body of investigation an interrogation of a witness in accordance with the procedure under Para. 1. The refusal shall be reflected in a record, signed by the respective body, the defendant and the defender.