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Title: Witness Protection Act CH
Category: Ministry of Justice(法務部)
Article 4
If the life, body, freedom or property of a witness or a person who is closely related to such witness is in jeopardy due to his or her testifying in front of the prosecutor or in court,and the protection is necessary, the prosecutor or the judge could issue a protective order by his/her discretion or a petitioned by the witness, the victim or his/her representative, the defendant or his/her defense counsel, the transferred person or his/herretained attorney, the assistant, the judicial police official, the handling agency, or the complainant in private prosecution. The prosecutor or the judge may take necessary preliminary measures to protect the witness if the protective order is unable tobe issued in time in emergency circumstances.
During the investigation of criminal or gangster cases, the judicial police agency may take necessary preliminary measures to protect the witness if it is necessary, and should report such measures to the prosecutor or the court within seven days. If such measuresare inappropriate, the judge or the prosecutor may modify or terminate it.
The competent court for granting the petition for the protective order should be the court that adjudicates the criminal or gangster case at issue.
Article 8
The prosecutor or the judge could execute the protective order himself or herself, or could hand over it to the judicial police agency or other executing authority to execute.
The prosecutor, judge, judicial police agency, or executing authority prescribed in preceding paragraph could order the protected witness to follow certain rules in compliance with the protective order, and may exercise its authority beyond the scope of itsjurisdiction.
Any person involving with the issuance or execution of the protective order must keep all items specified in the protective order confidential.
Article 10
The executing authority should frequently review its execution of the protective order. If the reasons that the witness should be protected are disappear or unnecessary more , the executingauthority may terminate the protective order by obtaining prior approval from the prosecutor, judge or judicial police agency. If the protection is still necessary under some change of circumstances, the executing authority may modify the protective orderby obtaining prior approval from the prosecutor, judge or judicial police agency.
If it is necessary to reinstate the protective order after the protective order was terminated, the prosecutor or the judge may reissue and execute the protective order either by its authority or by the petition from the person stated in paragraph 1 of Article4 or the executing agency.
Article 12
When the life, body, freedom or property of a witness or a person who is closely related to such witness is in imminent danger, the judge or prosecutor may immediately order the judicialpolice agency to assign a police officer to personally protect the witness or the person who is closely related to such witness within a certain period of time.
The judge or prosecutor may issue an order to prohibit or restrain a specific person to act in a particular way or to prohibit or restrain a specific person to approach the body, residence, work place of the protected witness or the person who is closely relatedto such witness.
To take the measure of prohibition or restraint specified in the preceding paragraph, the judge or prosecutor should issue a protective order with following items:
1.the protected person and the protected area;
2.the prohibited or restrained person;
3.the executing judicial police agency;
4.the prohibited or restrained conduct to the protected person.
5.the protective measures of executing judicial police agency.
The forgoing protective order should be delivered to the applicant, the prohibited or restrained person, and the executing judicial police agency or relevant authority.
The prohibited or restrained person may object to the protective order issued by the judge or prosecutor .The Criminal Procedure Act shall apply mutatis mutandis to the objection .
Article 15
The provisions set forth in this Act shall apply to the informant, reporter, complainant or victim.
While handing over the case to the competent judicial authority or the judicial police agency, the government authority that accepts the complaint from a citizen may request the court, prosecutor or the judicial police agency to take necessary preliminary measuresto protect the complainant in accordance with this Act if the government authority considers the true name and the identity of the protected informant should remain confidential. .