download

(2) The public prosecutor, the person proposed as the cooperating witness and hisdefence counsel shall be summoned to the chamber’s session. The session shall beheld in camera.(3) The public prosecutor may appeal against the ruling of the chamber referred to inparagraph 1 of this Article denying the public prosecutor’s motion within 48 hours of thetime of delivery of the ruling. A decision on the appeal shall be issued by the immediatelyhigher court within three days of the delivery of the appeal and case file by the firstinstancecourt.(4) If the chamber accepts the public prosecutor’s motion, it shall order extracted fromthe file all records and official notes of earlier statements given by the cooperatingwitness as a suspect or accused, and they may not be used as evidence in criminalproceedings, except in the case referred to in Article 504t paragraph 3 of this Code.Article 504s(1) During examination of the cooperating witness the public shall be excluded, unlessthe chamber decides otherwise, acting on a motion of the public prosecutor and with theconsent of the cooperating witness.(2) Before issuing the decision referred to in paragraph 1 of this Article, the president ofthe chamber shall in the presence of his defence counsel notify the cooperating witnessabout the motion of the public prosecutor and inform him of his right to be questionedwithout the public being present. A statement of the cooperating witness to be examinedwith the public being present shall be entered in the record.Article 504t(1) The court shall impose on a cooperating witness who gave testimony to the court inaccordance with the obligations referred to in Article 504p of this Code the minimumpenalty prescribed by the Criminal Code for the criminal offence to which he hasconfessed and which has been proved committed by him in the proceedings, followingwhich the court shall halve that penalty and pronounce it as such, with the proviso that itmay not be less than 30 days’ imprisonment.(2) Taking into consideration the significance of the testimony of the cooperatingwitness, the circumstances of the criminal offences of which he is accused, his conductbefore the court, his earlier life and other important circumstances, the court mayexceptionally, on a motion by the public prosecutor, pronounce the cooperating witnessguilty and pronounce a more lenient penalty, or relieve him of punishment.(3) If a cooperating witness does not act in accordance with the obligations referred to inArticle 504p of this Code or commits a new criminal offence referred to in Article 504aparagraph 3 of this Code before the proceedings are concluded by a final decision, thepublic prosecutor shall resume criminal prosecution or institute criminal prosecution inconnection with a new criminal offence. Based on a statement of the public prosecutor,the court shall rescind the ruling granting cooperating witness status.