Criminal procedures

Question 1

Participants to criminal procedures:

Answer 1

 court (judge/s)
 public prosecutor
 investigative authority (police, public prosecutor,
customs and finance guard)
 accused person (defendant)
 victim (injured party)
 private accuser (e.g. libel, invasion of privacy)
 substitute private accuser (civil suitor)
 their representatives

Question 2

Evidences(criminal procedures)

Answer 2

 Means of evidence shall be the testimony of the
witness, the expert opinion, physical evidence,
documents and the pleadings of the defendant.
 Evidence shall be traced, gathered, secured and
used in compliance with the law.
 In the course of criminal proceedings, all means of
evidence and all evidentiary procedures may be
used without restriction. However, the use of certain
means of evidence may also be statutory

Question 3

Wittness testimony

Answer 3

 Those persons may be heard as a witness who may have
knowledge of the fact to be proven.

 Witnesses illegitimately refusing to testify or co-operate in the
procedural action despite being warned about the
consequences, may be subject to the imposition of a
disciplinary penalty and obliged to pay the costs caused.

Question 4

The following may not be heard as

witnesses:

Answer 4

 clergymen and churchmen on issues subject to the
obligation of professional secrecy,
 the counsels for the defence on issues which have
come to their cognisance or which they have
communicated to the defendant in their capacity as a
counsel for the defence,
 who apparently cannot be expected to give correct
testimony due to their physical or mental condition.
 the relative of the defendant,
 those who would incriminate themselves or their relatives,
on the related issues, even if they have not refuse to
testify under item
 those who are bound by secrecy owing to their profession
or public office, if their testimony would violate such
secrecy obligation, unless they have been relieved, or
unless the person authorised is obliged to transmit the
data subject to secrecy obligation at the request of the
court, the prosecutor or the investigating authority.

Question 5

Testimony of the defendant

Answer 5

 At the commencement of the questioning, the defendant shall
be advised that he is not under the obligation to testify, that he
may refuse to testify or to respond to any of the questions in the
course of the questioning, but may freely decide to testify at any
time even if he has previously refused to do so.
 The defendant shall also be warned that anything he says or
provides may be used as evidence. The warnings and the
response of the defendant shall be included in the records. In
the absence of such warnings, the testimony of the defendant
may not be admitted as a means of evidence.

Question 6

Evidentiary procedures

Answer 6

 An inspection may be ordered and conducted by the court or
the prosecutor, if the elucidation or establishment of a fact to be
proven requires the examination of a person, an object or site,
or the observation of an object or site. If deemed necessary, an
expert may be involved in the inspection.
 The court or the prosecutor shall order and stage a
reconstruction, if they wish to establish or verify whether an
event or occurrence could, in fact, take place at a specific place
and time, in a specific way or under specific circumstances.

Question 7

Trial (know for the final)

Answer 7

 The prosecutor shall press charges by filing the
indictment with the court.
 The court shall hold a trial when obtaining evidence
to establish the criminal liability of the accused.
 The trial of the court shall be public. In order to
ensure the proper conduct, dignity and security of
the trial, or due to lack of space, the presiding judge
may determine the number of the audience.