Article 66 Rights and duties of a witness


1. A witness shall have the right to:
1) know why and in which criminal proceedings he is interrogated.
2) benefit from legal assistance to be provided by the lawyer, whose powers are supported by provisions of Article 50 of this Code, when giving evidence.
3) waive giving testimonies in respect of himself, his close relatives and family members, which may serve a ground for suspecting his close relatives or family members of, or charging them with, commission of a criminal offence, as well as any testimonies relating to information which is not subject to disclosure under provisions of Article 65 of this Code.
4) testify in his native language or any other language in which he is fluent and to benefit from assistance of a translator.
5) use notes and documents when giving evidence in cases where evidence relates to any calculations and other details, which are difficult to keep in memory.
6) get recovery of expenses in relation to his being summoned to give evidence.
7) familiarize himself/herself with the records of interrogation and file a request that it is adjusted, amended and comments are incorporated, as well as make such amendments and incorporate comments with his/her own hand.
8) request that protection be ensured as prescribed by law.

9) challenge the translator.

  1. A witness shall be required to:

1) appear upon summons before investigator, public prosecutor, investigating judge or court.

2) give truthful testimonies during pre-trial investigation and court trial.

3) not to disclose any details directly related to the substance of criminal proceedings and procedural actions that are or were conducted during such proceedings which came to his knowledge in connection with his fulfilling his duties, without authorization of the investigator, public prosecutor, court.

  1. A person who is involved in the conduct of procedural actions during pre-trial investigation as identifying witness or who became eyewitness of such actions shall be required, at the request of the investigator, public prosecutor, not to disclose information related to the procedural action conducted.

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