Article 98. Ensuring the safety of persons participating in court proceedings CPC RK Code of Criminal Procedure of the Republic of Kazakhstan
1. In order to ensure the safety of participants in the judicial proceedings, the presiding judge shall hold a closed court session, as well as take measures provided for in parts one, two, three and four of Article 97 of this Code.
2. At the request of the protected person, the prosecution, as well as on its own initiative, in order to ensure the safety of the person, his family members and close relatives, the court has the right to order the interrogation of a witness.:
1) without disclosing the identity of the protected person using a pseudonym;
2) in conditions that exclude recognition of the protected person for the rest of those present by voice, accent and external data: gender, nationality, age, height, build, posture, gait;
3) without visual observation by other participants in the trial, including by video communication.
The judge personally certifies the identity of the interrogated person by familiarizing himself with the personal data of the protected person, separated from the main proceedings, and identity documents, without disclosing them, presenting them to other participants in the court session, including the secretary of the court session, and reflecting them in the minutes of the court session and (or) judicial acts.
3. The Chairman has the right:
1) prohibit the production of video, sound recordings and other methods of recording the interrogation;
2) remove the defendant and the representatives of the defense from the courtroom, with the exception of the lawyer.
4. The testimony of the protected person, questioned by the court in the absence of any of the participants in the process or outside their visual observation, is announced by the presiding judge in the presence of all its participants without specifying information about this protected person.
5. If necessary, the court shall take other measures to ensure the safety of participants in the proceedings and other persons provided for by law.
6. The execution of the court's decision on ensuring the safety of participants in the judicial proceedings is entrusted to the criminal prosecution authorities, institutions and bodies executing the punishment, as well as the bailiff.
President
Republic of Kazakhstan
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