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 11 april 1997




Chapter I


Article 1

(1) This Code establishes the rules with which it is ensured that an innocent person is not convicted and the guilty person is pronounced a criminal sanction under the conditions which are proscribed by the Criminal Code and on the basis of a legally enforced procedure.

(2) Before pronouncing a final legally valid verdict, the rights and freedoms of the accused and of other persons may be limited only to a necessary extent and under conditions proscribed by this Code.


 Article 219

(1) The following persons are released from their duty to be witnesses:

            1) marital and illegitimate spouse of the accused;

            2) blood relatives of the accused of first line, relatives of further line to the third degree as well as in- laws to the second degree;

            3) an adopted child or parent who has adopted of the accused;

            4) religious confessor to whom the accused or other persons has confessed;

            5) a lawyer, physician, social worker, psychologist or other person for facts which they learned executing their duty in reference of their duty to keep it as a classified secret while executing their professional duties.

(2) The court which conducts the procedure is obliged to warn the persons that they need not be witnesses, i.e. persons mentioned in paragraph 1 of this Article before their hearing or as soon as it learns about their relationship to the accused. The warning and the answer are included in the minutes.

(3) Considering his age and mental development the minor who is not capable to understand the meaning of his right that he need not be a witness cannot be heard as a witness.

  1. The person who is allowed not to be a witness to one of the accused is released from his duty of witnessing to the other accused persons if his statement according to the nature of the circumstances cannot be limited only to the other accused.

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