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The participation of witnesses in pre-trial proceedings or in court

The witness is a crucial participant in criminal proceedings as matters of a general nature and in cases prosecuted on complaint of the victim. Witnesses are questioned in any criminal case. With testimony can establish all the facts perceived by a witness and contributing to reveal the objective truth. The witness is a crucial source of тхе facts. The testimony of the witness are vowels evidence. Based on the witness gather evidence to form investigative versions, checked other sources of evidence. As a witness, ask any person who has accepted the facts and circumstances relevant to the subject of proof in the case and you can play them. Can not be witnesses persons who, because of physical or mental deficiencies are unable to properly perceive the facts relevant to the case or provide credible evidence for them (art. 118, para. 3 of the Code of Criminal Procedure/ CCP/). Any doubt on witness life of a person must be appointed forensic psychiatric examination. Can not be witnesses and persons who participated in the same criminal proceedings in another procedural capacity, except:

  • accused, against whom proceedings have terminated or a final verdict;
  • victim, private prosecutor, civil claimant, civil defendant;
  • the witnesses, and officers of the Ministry of Interior, military police or "Customs" Agency present at the time of inspection, search, requisition, enactment and identification of persons and objects. Persons who have taken investigative and investigative actions can not be seen, even where records of actions performed by them are not prepared in terms and conditions provided for in this Code (art. 118, para. 1 and 2 CCP).

Spouse, ascendants, descendants, brothers and sisters of the accused and the person with whom he lives together may refuse to testify (art. 119 CCP).
Persons other than the above-mentioned categories may not refuse to testify. In this sense, witnessing obligation.
The witness is obliged to appear before the appropriate authority when called; to put everything they know about the case and to answer the questions and to remain at the disposal of the body it is called as necessary. Witness who can not be seen due to illness or disability, may be examined, where is located (Art. 120, par. 1 and 2 PPC).
A witness who did not appear at the appointed place and time to testify is punishable by a fine up to three lev and bring compulsory for questioning. If a witness can show good cause for his failure to appear, fine and compulsory bringing shall be repealed (art. 120, para. 3 of the CCP). A witness who besides the cases under Art 119 and Art. 121 CCP refuses to testify be fined up to one thousand lev (art. 120, para. 4 CCP).
The witness is not obliged to testify on questions, answers to which would be guilty of a criminal offense to him, his ascendants, descendants, siblings or spouse or person with whom he lives together (art. 121, para. 1 CCP).
The witness can not be interrogated about the circumstances that have been entrusted as legal counsel or have become known as an interpreter at meetings of the accused by defense counsel (art. 121, para. 2 CCP).
The witness can take advantage of their right to refuse to give evidence - in the cases mentioned above, or to refuse to answer questions put to him - in the cases of art. 121 CCP but if testified no right to assert a falsehood or conceals the truth. Otherwise charge of perjury.
The witness has the following rights: to use notes about figures, dates and others who are in it and relate to their testimony; to receive remuneration for lost time and to be reimbursed for costs incurred, as well as to seek annulment of acts which infringe the rights and legitimate interests (art. 122, para. 1 CCP).
The witness has the right to consult a lawyer if he thinks that the answer to the question prejudice his rights under Art. 121 PPC. If a request the investigating authority or the court provide this opportunity (art. 122, para. 2 CCP).
What is the procedure for questioning of the witness?
Before questioning the witness establishes his identity and that the relations with the accused and other participants in the proceedings.
The body conducting the interrogation shall invite the witness to testify in good faith and warned of its responsibility before the law if it refuses to do so, giving false testimony or withholds certain circumstances, it explains right under Art. 121 CCP. The witness shall promise that fairly and accurately will put everything they know about the case. The persons referred to in Art. 119 CCP explains their right to refuse to testify. Witnesses state in the form of free narration all that he knows the case. Examination of a witness outside the country can be done by video or telephone conference in accordance with the provisions of the CCP. Examination of a witness located in the country by video or telephone conference can be done in court proceedings while in pre-trial proceedings - only when questioned before a judge. In these cases, the identity of the witness is verified by the judge of first instance at the location of the witness. Minors shall be interrogated in the presence of a pedagogue or psychologist, and where necessary, in the presence of a parent or guardian. Underage witnesses are interrogated in the presence of the same persons, if the body finds it necessary. With the permission of the body conducting the interrogation, these individuals can ask questions of the witness. The body conducting the interrogation shall explain the minor witness need to give truthful testimony, without warning about responsibility. Interrogation of minors witnessed in the country can be carried out if necessary via videoconference. Anonymous witness is interrogated by taking all possible measures to maintain the confidentiality of his identity. Copies of transcripts of such witness shall be presented to the accused and his counsel, and court proceedings - and other countries without his signature. Parties may only ask written questions to the witness with a secret identity. Examination of a witness with a secret identity by telephone conference takes place in a different voice, and by video - and changed the image of the witness. These rules apply in the interrogation of persons in respect of which there is a measure of protection under the Protection of Witnesses in connection with criminal proceedings. Copies of transcripts of such witness shall be presented to the accused and his counsel, and court proceedings - and other countries without his signature. Parties may only ask written questions to the witness with a secret identity. Examination of a witness with a secret identity by telephone conference takes place in a different voice, and by video - and changed the image of the witness. These rules apply in the interrogation of persons in respect of which there is a measure of protection under the Protection of Witnesses in connection with criminal proceedings. Copies of transcripts of such witness shall be presented to the accused and his counsel, and court proceedings - and other countries without his signature. Parties may only ask written questions to the witness with a secret identity. Examination of a witness with a secret identity by telephone conference takes place in a different voice, and by video - and changed the image of the witness. These rules apply in the interrogation of persons in respect of which there is a measure of protection under the Protection of Witnesses in connection with criminal proceedings. Examination of a witness with a secret identity by telephone conference takes place in a different voice, and by video - and changed the image of the witness. These rules apply in the interrogation of persons in respect of which there is a measure of protection under the Protection of Witnesses in connection with criminal proceedings. Examination of a witness with a secret identity by telephone conference takes place in a different voice, and by video - and changed the image of the witness. These rules apply in the interrogation of persons in respect of which there is a measure of protection under the Protection of Witnesses in connection with criminal.