WITNESS
A witness must attend when duly summoned and give truthful testimony unless the law permits refusal. The principal rights include:
- Refusing to testify in the circumstances specified in Article 119, and declining to answer questions that could incriminate the witness or the relatives identified in Article 121(1) of the Criminal Procedure Code. There is no unconditional right for every witness to refuse all testimony.
- Attending questioning with an attorney and consulting that attorney under Article 122(2). The attorney’s absence without a valid reason does not prevent questioning.
- Using notes in the witness’s possession concerning figures, dates, and other information relevant to the testimony; receiving compensation for a lost working day and reimbursement of expenses; and seeking revocation of acts that infringe the witness’s rights and legitimate interests under Article 122(1).
- Being questioned where the witness is located if illness or disability prevents attendance, under Article 120(2). Questioning by judicial delegation or video link is not an unconditional option at the witness’s sole discretion.
- Receiving protective measures where there are sufficient grounds to establish a real danger, upon the witness’s request or with consent, under Article 123; and using the remedies provided by law against measures affecting the witness.
Legal assistance may be sought as soon as a summons is received. The applicable rights and any permissible refusal to testify depend on the person’s procedural status and the particular question.
Legal basis: Articles 119–123 of the Criminal Procedure Code.
If a witness begins giving self-incriminating testimony during questioning, the authority must stop the questioning and explain the rights specified in Article 139(7). Further safeguards include access to counsel, legal aid, and interpretation where the respective conditions are met; corresponding rules apply to confrontations under Article 143(6)–(10).
Legal basis: Article 139(7)–(11) and Article 143(6)–(10) of the Criminal Procedure Code.