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Article 101(1) Witnesses shall be summoned by the serving of a written summons which shallcontain the first name and surname and occupation of the person being summoned, thetime and place where they should appear, the criminal case in connection with whichthey are being summoned, an indication that they are being summoned as witnessesand a caution about the consequences of unjustifiable absence (Article 108).(2) Witnesses who had while giving testimony at an earlier date confirmed that theypossess technical capacities ensuring such summoning may also be summoned byelectronic mail or other electronic communication medium, provided that this method ofdelivering summons provides for the court data confirming that the witness has receivedthe summons.(3) Summoning juveniles under the age of sixteen shall be performed via their parents orlegal representatives, unless prevented by exigency or other circumstances.(4) Witnesses who due to their advanced age, poor state of health or serious physicaldeficiencies cannot respond to summons may be questions in their abodes.Article 102(1) Witnesses shall be questioned individually and without the presence of the otherwitnesses. Witnesses are required to provide their replies verbally.(2) Before giving testimony witnesses shall be cautioned that they are required to tell thetruth and the whole truth, and that perjury constitutes a criminal offence. Witnesses shallalso be instructed that they not required to answer the questions referred to in Article100 of this Code, and the caution shall be entered in the record.(3) The witnesses shall then be asked to provide their first name and surname, name offather or mother, occupation, address, place and year of birth and information about theirrelationships with the accused person and aggrieved party. Witnesses shall becautioned that they are required to notify the court of every change of abode orpermanent residence.(4) In questioning juveniles, especially if they were aggrieved by the criminal offence,due care shall be taken to avoid the question having a detrimental effect on the mentalstate of health of the juvenile. Where necessary, questioning juveniles shall beconducted with the help of a teacher or other relevant expert.Article 103(1) Following the general questions, witnesses shall be called to present everything theyknow about the case, and shall then be asked questions for the purpose of confirmation,amendment and clarification. In questioning witnesses it is not permitted to employdeception or pose questions which already contain an answer.
(2) Witnesses shall always be asked for the origin of the knowledge they are presentingas their testimony.(3) Witnesses may be confronted if their testimonies clash in respect of important facts.Only two witnesses at a time may be confronted. Such confrontation shall be subject tothe application of the provisions of Article 91 paragraph 2 of this Code.(4) When questioned as witnesses, aggrieved parties shall be asked whether they intendto press for damages in the criminal proceedings.Article 104(1) Where it is necessary to establish whether a witness recognises a certain person orobject he had previously described, he shall be shown that person together with otherpersons unknown to him having personal characteristics similar to those he haddescribed, or the aforesaid object together with objects of the same or similar type, andshall then be asked to declare whether he can identify the person or recognise the objectwith certainty or a certain degree of probability, and, if the answer if positive, to point tothe person or object recognised.(2) In the pre-trial and preliminary criminal proceedings, identification of persons shall beperformed in a manner ensuring that the person being identified cannot see the witness,and neither can the witness see that person before the identification procedure iscommenced.(3) In the pre-trial proceedings identification of persons shall be conducted in thepresence of the public prosecutor.Article 105Where questioning of witnesses is being conducted via an interpreter or where thewitness if deaf or mute, his examination shall be performed in the manner prescribed byArticle 95 of this Code.Article 106(1) Witnesses shall be asked to take an oath before testifying.(2) Prior to the trial, witnesses may be asked to take oaths only where there exists adanger that ill health of other reasons could prevent them from attending the trial. Thereason for the taking of the oath at that time shall be entered in the record.(3) The oath reads as follows: "I hereby swear to tell the truth about everything I will beasked before the court and that I will not omit any of the facts known to me."(4) Oaths are taken by witnesses verbally, by reading out their texts, or by giving anaffirmative response after being read out the text of the oath by a judge or an officer ofthe court duly authorised by the judge. Mute witnesses who can read and write shall sign
Page 1 and 2: THE CRIMINAL PROCEDURE CODE(Officia
Page 3 and 4: (2) Any person deprived of liberty
Page 5 and 6: Any form of violence and extortion
Page 7 and 8: Article 24(1) First-instance courts
Page 9 and 10: If it cannot be determined under th
Page 11 and 12: (1) If a court to which a case has
Page 13 and 14: (1) The president of the court rule
Page 15 and 16: The territorial jurisdiction of the
Page 17 and 18: temporary residence on justifiable
Page 19 and 20: (2) In the case of a failure of agg
Page 21 and 22: (3) Accused persons tried in absent
Page 23 and 24: (1) Searches of the abode and other
Page 25 and 26: or bring in an accused person, in o
Page 27 and 28: (3) Where the interests of the proc
Page 29 and 30: defence counsel is not present alth
Page 31: 3) persons who would by their state
Page 35 and 36: (1) Where there exist circumstances
Page 37 and 38: Article 109đThe court is required
Page 39 and 40: (3) As a rule, persons questioned a
Page 41 and 42: Where expert opinions contain contr
Page 43 and 44: the basis of a substantiated propos
Page 45 and 46: (6) Photographs, audio recording, o
Page 47 and 48: (2) The order to have the accused p
Page 49 and 50: themselves make a promise before th
Page 51 and 52: as the evidence due to which it was
Page 53 and 54: (3) An appeal against the ruling re
Page 55 and 56: (6) The dispatch of a request, comp
Page 57 and 58: Article 158(1) Unless prescribed ot
Page 59 and 60: eing served for a response, shall b
Page 61 and 62: the proceedings who agrees to deliv
Page 63 and 64: (1) A record shall be kept of every
Page 65 and 66: investigating judge shall ex offici
Page 67 and 68: (4) Accused persons in detention ma
Page 69 and 70: (2) The costs of criminal proceedin
Page 71 and 72: criminally prosecutable ex officio,
Page 73 and 74: (5) Where a court finds it does not
Page 75 and 76: Article 206(1) Indemnification clai
Page 77 and 78: (1) Where the application of crimin
Page 79 and 80: 5) Convicted persons, accused perso
Page 81 and 82: (3) Collection of information from
Page 83 and 84:
(5) If during the interrogation the
Page 85 and 86:
(1) The public prosecutor may reque
Page 87 and 88:
(3) Suspects are required to fulfil
Page 89 and 90:
B. PRELIMINARY PROCEEDINGSChapter X
Page 91 and 92:
(2) The investigating judge may als
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(1) During the investigation partie
Page 95 and 96:
2) if the statutory limit for prose
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(3) When the investigating judge fi
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6) a statement of reasons indicatin
Page 101 and 102:
(1) If the chamber does not deny th
Page 103 and 104:
Article 280(1) Decisions of the cha
Page 105 and 106:
(4) In the agreement on the admissi
Page 107 and 108:
(3) Rulings on appeals referred to
Page 109 and 110:
(4) Aggrieved parties summoned as w
Page 111 and 112:
aggrieved also allow the attendance
Page 113 and 114:
(5) Other decisions in connection w
Page 115 and 116:
(2) Where a subsidiary prosecutor o
Page 117 and 118:
(6) The president of the chamber is
Page 119 and 120:
public. The ordering part of the ju
Page 121 and 122:
(1) General provisions on interroga
Page 123 and 124:
(2) The president of the chamber sh
Page 125 and 126:
(1) Records of crime scene inspecti
Page 127 and 128:
indictment are not allowed. If the
Page 129 and 130:
1) that the court has no material j
Page 131 and 132:
7) a decision on the costs of the c
Page 133 and 134:
(3) The president of the chamber sh
Page 135 and 136:
mistakes in writing and calculation
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of time. If the appellant fails to
Page 139 and 140:
2) whether there exist circumstance
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to notify one or more parties about
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2) whether the Criminal Code was vi
Page 145 and 146:
(2) If the court of second instance
Page 147 and 148:
(1) The parties and persons whose r
Page 149 and 150:
4) where after a judgement becomes
Page 151 and 152:
facts would have led to the applica
Page 153 and 154:
had been convicted, the court shall
Page 155 and 156:
The Court shall issue a judgement d
Page 157 and 158:
(2) If the investigating judge does
Page 159 and 160:
Article 442(1) The judge shall summ
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(10) If the public prosecutor was n
Page 163 and 164:
(2) The accused may file an objecti
Page 165 and 166:
part of the ruling on a judicial ad
Page 167 and 168:
terrorism (Article 391 of the Crimi
Page 169 and 170:
(3) The measures referred to in par
Page 171 and 172:
(1) The measure referred to in Arti
Page 173 and 174:
measure, a description of the techn
Page 175 and 176:
Article 504n(1) The undercover oper
Page 177 and 178:
(2) The public prosecutor, the pers
Page 179 and 180:
the perpetrator to a health-care in
Page 181 and 182:
he is still so dangerous for his su
Page 183 and 184:
Where confiscation of proceeds from
Page 185 and 186:
(1) Where under the law rehabilitat
Page 187 and 188:
PROCEDURE FOR INDEMNIFICATION,REHAB
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2) persons who had served a sentenc
Page 191 and 192:
(5) The years of social insurance r
Page 193 and 194:
prosecution, and after the effectiv
Page 195 and 196:
This law shall enter into force on
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