Protective Measures for Victims/Survivors of Violence during Court Proceedings

Brief Description

Article 67 of the Criminal Procedure Code envisages application of special protective measures during court proceedings if:

a) There is a probability that public hearing of the case might harm private life of another participant of criminal proceedings;

b) Exposing personal information might substantially harm life, health or property of the participant of criminal proceeding or his/her close relative;

c) Participant of a criminal proceeding is depended on the accused.

Article 68.3 of the Criminal Procedure Code might encompass:

a) Changing or removing from a public registry or other registry of public character the data that makes it possible to recognize and identify a victim or a witness, namely, the first name, last name, address, place of work, profession, or other relevant information;

b) Changing identity and issuing new documents, changing appearance, classifying as confidential procedural documents or documents which make identification of a victim possible;

c) Applying personal security measures;

d) Temporary or permanent change of the place of residence;

e) Relocation to other country.

Article 243.3 of the  Criminal Procedure Code provides that on the basis of a motion of the party and respective court decision, it is possible to provide testimony through technical facilities from distance - whether from the same court building or from other place.  The parties shall be informed beforehand.  Courts are equipped with special equipment to have the testimony via video and a victim/survivor and perpetrator may easily be placed separately in court.

Article 324 of the  Criminal Procedure Code provides that a juvenile accused may be removed from the courtroom, during the examination of evidence.