PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIII PROTECTION OF INJURED PARTIES AND WITNESSES
Article 218
Order for Protective Measures
1. The competent judge may order such protective measures as he considers necessary,
including but not limited to:
1.1. omitting or expunging names, addresses, place of work, profession or any other
data or information that could be used to identify the injured party, cooperative witness
or witness;
1.2. non-disclosure of any records identifying the injured party, cooperative witness or
witness;
1.3. efforts to conceal the features or physical description of the injured party, cooperative
witness or witness giving testimony, including testifying behind an opaque shield or
through image or voice-altering devices, contemporaneous examination in another place
communicated to the courtroom by means of closed-circuit television, or video-taped
examination prior to the court hearing with the defense counsel present;
1.4. assignment of a pseudonym;
1.5. closed sessions to the public:
1.6. orders to the defense counsel and the defendant not to disclose the identity of the
injured party, cooperative witness or witness or not to disclose any materials or information
that may lead to disclosure of identity;
1.7. temporary removal of the defendant from the courtroom if a cooperative witness or
witness refuses to give testimony in the presence of the defendant or if circumstances
indicate to the court that the witness will not speak the truth in the presence of the
defendant; or
1.8. any combination of the above methods to prevent disclosure of the identity of the
injured party, cooperative witness or witness.
2. Other provisions of this Code shall not apply where they conflict with protective measures
under paragraph 1. of this Article.
3. An order for a protective measure shall be in writing and shall not contain any information
which could lead to the discovery of the identity of the injured party or victim, cooperative
witness, witness or his family member, or which could reveal the existence of, or expose to
serious risk, the operational security of ongoing and confidential police initial actions.
4. Once a protective measure has been ordered in respect of an injured party, cooperative
witness or witness, the petitioning party may subsequently request an amendment of a
protective measure. Only the competent judge of the stage of the proceedings may amend or
rescind the order, or authorize the release of protected material to another judge for use in other
proceedings. If, at the time of a request for amendment or release, the original court no longer
has jurisdiction over the case, the competent judge at the court which has jurisdiction may
authorize such amendment or release, after giving written notice to, and hearing any argument
of, the state prosecutor.